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 knowledge of any failure of the Servicer specified in SECTION 8.1 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 notice thereof to the Depositor, the Servicer and the Certificate Insurer. For all purposes of this Agreement, the Trustee shall not be deemed to have knowledge of any failure of the Servicer as specified in SECTION 8.1 unless notified thereof in writing by the Depositor, the Servicer, the Certificate Insurer or by a Certificateholder. The Trustee shall be under no duty or obligation to investigate or inquire as to any potential failure of the Servicer specified in SECTION 8.1.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Long Beach Holdings Corp), Pooling and Servicing Agreement (Long Beach Holdings Corp)

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Action Upon Certain Failures of the Servicer. In the event that a Responsible Officer of the Trustee shall have knowledge of any failure of the Servicer specified in SECTION Section 8.1 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 notice thereof to the Depositor, the Servicer [and the Certificate Insurer]. For all purposes of this Agreement, the Trustee shall not be deemed to have knowledge of any failure of the Servicer as specified in SECTION Section 8.1 unless notified thereof in writing by the Depositor, the Servicer, [the Certificate Insurer Insurer] or by a Certificateholder. 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 8.1.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Long Beach Acceptance Corp)

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Action Upon Certain Failures of the Servicer. In the event that a Responsible Officer of the Trustee shall have knowledge of any failure of the Servicer specified in SECTION 8.1 Section 9.1 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 notice thereof to the Depositor, the Servicer and the Certificate Insurer. For all purposes of this AgreementAgreement (including, without limitation, Section 9.5(b) and this Section 9.6), the Trustee shall not be deemed to have knowledge of any failure of the Servicer as specified in SECTION 8.1 Section 9.1 unless notified thereof in writing by the Depositor, the Servicer, the Certificate Insurer or by a Certificateholder. The Trustee shall be under no duty or obligation to investigate or inquire as to any potential failure of the Servicer specified in SECTION 8.1Section 9.1.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Financial Asset Securities Corp)

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