Common use of Action Upon Certain Failures of the Servicer Clause in Contracts

Action Upon Certain Failures of the Servicer. In the event that a Responsible Officer of the Trustee shall have actual knowledge of any failure of the Servicer specified in Section 10.1 that would give rise to a right of termination under such Section upon the Servicer’s failure to remedy the same after notice, the Trustee shall give notice thereof to the Servicer. For all purposes of this Agreement (including, without limitation, this Section 10.6), the Trustee shall not be deemed to have knowledge of any failure of the Servicer as specified in Sections 10.1(c) through (f) unless notified thereof in writing by the Servicer or by a Securityholder. The Trustee shall be under no duty or obligation to investigate or inquire as to any potential failure of the Servicer specified in Section 10.1.

Appears in 7 contracts

Samples: Sale and Servicing (Consumer Portfolio Services Inc), Sale and Servicing (Consumer Portfolio Services Inc), Sale and Servicing (Consumer Portfolio Services Inc)

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Action Upon Certain Failures of the Servicer. In the event that a Responsible Officer of the Trustee shall have actual knowledge of any failure of the Servicer specified in Section 10.1 9.1 that would give rise to a right of termination under such Section upon the Servicer’s 's failure to remedy the same after notice, the Trustee shall give notice thereof to the Servicer, the Certificateholders and the Rating Agency. For all purposes of this Agreement (includingAgreement, without limitation, this Section 10.6)in the absence of actual knowledge by a Trustee Officer, the Trustee shall not be deemed to have knowledge of any failure of the Servicer as specified in Sections 10.1(c) through (f) Section 9.1 unless notified thereof in writing by the Servicer or by a SecurityholderCertificateholder. The Trustee shall be under no duty or obligation to investigate or inquire as to any potential failure default of the Servicer specified in Section 10.19.1.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Asta Funding Inc), Pooling and Servicing Agreement (Asta Funding Inc), Pooling and Servicing Agreement (Asta Funding Inc)

Action Upon Certain Failures of the Servicer. In the event that a Responsible Officer of the Trustee shall have actual knowledge of any failure of the Servicer specified in Section 10.1 that 9.1 which would give rise to a right of termination under such Section upon the Servicer’s 's failure to remedy the same after notice, the Trustee shall give notice thereof to the ServicerServicer and the [Credit Enhancer]. For all purposes of this Agreement (including, without limitation, this Section 10.6)Agreement, the Trustee shall not be deemed to have knowledge of any failure of the Servicer as specified in Sections 10.1(c) through (f) Section 9.1 unless notified thereof in writing by the Servicer Servicer, the [Credit Enhancer] or by a SecurityholderCertificateholder. The Trustee shall be under no duty or obligation to investigate or inquire as to any potential failure of the Servicer specified in Section 10.19.1.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Consumer Portfolio Services Inc), Pooling and Servicing Agreement (Consumer Portfolio Services Inc)

Action Upon Certain Failures of the Servicer. In the event that a Responsible Officer of the Trustee shall have actual knowledge of any failure of the Servicer specified in Section SECTION 10.1 that which would give rise to a right of termination under such Section upon the Servicer’s 's failure to remedy the same after notice, the Trustee shall give notice thereof to the ServicerServicer and the Noteholder. For all purposes of this Agreement (including, without limitation, SECTION 6.2(b) and this Section SECTION 10.6), the Trustee shall not be deemed to have knowledge of any failure of the Servicer as specified in Sections SECTIONS 10.1(c) through (fh) unless notified thereof in writing by the Servicer or by a Securityholderthe Noteholder. The Trustee shall be under no duty or obligation to investigate or inquire as to any potential failure of the Servicer specified in Section SECTION 10.1.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc), Sale and Servicing (Consumer Portfolio Services Inc)

Action Upon Certain Failures of the Servicer. In the event that a Responsible Officer of the Trustee shall have actual knowledge of any failure of the Servicer specified in Section 10.1 that which would give rise to a right of termination under such Section upon the Servicer’s 's failure to remedy the same after notice, the Trustee shall give notice thereof to the ServicerServicer and the Note Insurer. For all purposes of this Agreement (including, without limitation, Section 6.2(b) and this Section 10.6), the Trustee shall not be deemed to have knowledge of any failure of the Servicer as specified in Sections Section 10.1(c) through though (fi) unless notified thereof in writing by the Servicer Servicer, the Note Insurer or by a Securityholder. The Trustee shall be under no duty or obligation to investigate or inquire as to any potential failure of the Servicer specified in Section 10.1.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc), Sale and Servicing Agreement (Consumer Portfolio Services Inc)

Action Upon Certain Failures of the Servicer. In the event that a Responsible Officer of the Trustee shall have actual knowledge of any failure of the Servicer specified in Section 10.1 that 9.1 which would give rise to a right of termination under such Section upon the Servicer’s 's failure to remedy the same after notice, the Trustee shall give notice thereof to the ServicerServicer and the Certificate Insurer. For all purposes of this Agreement (including, without limitation, Section 9.5(b) and this Section 10.69.6), the Trustee shall not be deemed to have knowledge of any failure of the Servicer as specified in Sections 10.1(c) through (f) Section 9.1 unless notified thereof in writing by the Servicer Servicer, the Certificate Insurer or by a SecurityholderCertificateholder. The Trustee shall be under no duty or obligation to investigate or inquire as to any potential failure of the Servicer specified in Section 10.19.1.

Appears in 1 contract

Samples: Servicing Agreement (Consumer Portfolio Services Inc)

Action Upon Certain Failures of the Servicer. In the event that a Responsible Officer of the Trustee shall have actual knowledge of any failure of the Servicer specified in Section 10.1 that which would give rise to a right of termination under such Section upon the Servicer’s 's failure to remedy the same after notice, the Trustee shall give notice thereof to the ServicerServicer and the Note Insurer. For all purposes of this Agreement (including, without limitation, Section 6.2(b) and this Section 10.6), the Trustee shall not be deemed to have knowledge of any failure of the Servicer as specified in Sections 10.1(c) through (f) Section 10.1 unless notified thereof in writing by the Servicer Servicer, the Note Insurer or by a Securityholder. The Trustee shall be under no duty or obligation to investigate or inquire as to any potential failure of the Servicer specified in Section 10.1.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc)

Action Upon Certain Failures of the Servicer. In the event that a Responsible Officer of the Trustee shall have actual knowledge of any failure of the Servicer specified in Section 10.1 that which would give rise to a right of termination under such Section upon the Servicer’s 's failure to remedy the same after notice, the Trustee shall give notice thereof to the ServicerServicer and the Note Insurer. For all purposes of this Agreement (including, without limitation, Section 6.2(b) and this Section 10.6), the Trustee shall not be deemed to have knowledge of any failure of the Servicer as specified in Sections 10.1(c) through (f) Section 10.1 unless notified thereof in writing by the Servicer Servicer, the Note Insurer or by a SecurityholderNoteholder. The Trustee shall be under no duty or obligation to investigate or inquire as to any potential failure of the Servicer specified in Section 10.1.

Appears in 1 contract

Samples: Servicing Agreement (Consumer Portfolio Services Inc)

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Action Upon Certain Failures of the Servicer. In the event that a Responsible Officer of the Trustee shall have actual knowledge Knowledge of any failure of the Servicer specified in Section 10.1 that which would give rise to a right of termination under such Section upon the Servicer’s failure to remedy the same after notice, the Trustee shall give prompt written notice thereof to the ServicerServicer and the Noteholder. For all purposes of this Agreement (including, without limitation, Section 6.2(b) and this Section 10.6), the Trustee shall not be deemed to have knowledge Knowledge of any failure of the Servicer as specified in Sections 10.1(c) through (fn) unless notified thereof in writing by the Servicer or by a Securityholderthe Noteholder. The Trustee shall be under no duty or obligation to investigate or inquire as to any potential failure of the Servicer specified in Section 10.1.

Appears in 1 contract

Samples: Sale and Servicing (Silverleaf Resorts Inc)

Action Upon Certain Failures of the Servicer. In the event that a Responsible Officer of the Trustee shall have actual knowledge of any failure of the Servicer specified in Section 10.1 that which would give rise to a right of termination under such Section upon the Servicer’s 's failure to remedy the same after notice, the Trustee shall give notice thereof to the ServicerServicer and the Note Insurer. For all purposes of this Agreement (including, without limitation, Section 6.2(b) and this Section 10.6), the Trustee shall not be deemed to have knowledge of any failure of the Servicer as specified in Sections 10.1(c) through though (fi) unless notified thereof in writing by the Servicer Servicer, the Note Insurer or by a Securityholder. The Trustee shall be under no duty or obligation to investigate or inquire as to any potential failure of the Servicer specified in Section 10.1.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc)

Action Upon Certain Failures of the Servicer. In the event that a Responsible Officer of the Trustee shall have actual knowledge of any failure of the Servicer specified in Section 10.1 that which would give rise to a right of termination under such Section upon the Servicer’s 's failure to remedy the same after notice, the Trustee shall give notice thereof to the ServicerServicer and the Credit Enhancer. For all purposes of this Agreement (including, without limitation, Section 6.2(b) and this Section 10.6), the Trustee shall not be deemed to have knowledge of any failure of the Servicer as specified in Sections 10.1(c) through (f) Section 10.1 unless notified thereof in writing by the Servicer Servicer, the Credit Enhancer or by a Securityholder. The Trustee shall be under no duty or obligation to investigate or inquire as to any potential failure of the Servicer specified in Section 10.1.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc)

Action Upon Certain Failures of the Servicer. In the event that a Responsible Officer of the Trustee shall have actual knowledge Knowledge of any failure of the Servicer specified in Section 10.1 that which would give rise to a right of termination under such Section upon the Servicer’s 's failure to remedy the same after notice, the Trustee shall give prompt written notice thereof to the ServicerServicer and the Noteholder. For all purposes of this Agreement (including, without limitation, Section 6.2(b) and this Section 10.6), the Trustee shall not be deemed to have knowledge Knowledge of any failure of the Servicer as specified in Sections 10.1(c) through (fn) unless notified thereof in writing by the Servicer or by a Securityholderthe Noteholder. The Trustee shall be under no duty or obligation to investigate or inquire as to any potential failure of the Servicer specified in Section 10.1.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Silverleaf Resorts Inc)

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