Additional Activities of the Servicer Sample Clauses

Additional Activities of the Servicer. Subject to the restrictions set forth in the MBS Agreement, the Servicer and its Affiliates shall be entitled to engage in any business or transaction of any kind or nature, including the issuance of mortgage-backed securities and performing monitoring, administrative or servicing activities of any kind for the benefit of any other Person, including (i) acting as servicer or subservicer of residential mortgage loans for government-sponsored entities and other government-related entities under arrangements not governed by this Agreement and (ii) acting as a servicer or subservicer for distressed residential mortgage loans, and otherwise conducting special servicing activities relating to residential mortgage loans or real estate acquired in respect thereof, for itself or other Persons. The preceding statement shall not be construed to limit the effect of any express restriction or limitation that may be set forth in another provision of this Agreement.
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Additional Activities of the Servicer. Nothing herein shall prevent the Servicer or any of its Affiliates from engaging in other businesses, or from rendering services of any kind to the Borrower, the Lenders, the Administrative Agent or any of their respective Affiliates or any other Person to the extent permitted by Applicable Law. Without limiting the generality of the foregoing, the Servicer, its Affiliates and the directors, officers, employees and agents of the Servicer and its Affiliates may, subject to any limits specified in this Agreement. (i) serve as directors (whether supervisory or managing), officers, partners, employees, agents, nominees or signatories for the Borrower, its Affiliates or any issuer of any obligations included in the Loan Assets or their respective Affiliates, to the extent permitted by their governing instruments, as from time to time amended, or by any resolutions duly adopted by the Borrower, its Affiliates or any issuer of any obligations included in the Loan Assets or its Affiliates, pursuant to their respective governing instruments; (ii) receive fees or other compensation from third parties (including Persons in which the Borrower has made or proposes to make an investment) in connection with any business activities of the Servicer and its Affiliates and which are not related to the use of the Borrower’s capital (which fees or other compensation shall be for the benefit of the Servicer’s own account); and (iii) be a secured or unsecured creditor of, or hold an equity interest in, or own or hold notes issued by, any issuer of any obligation included in the Loan Assets; provided, that the Servicer may not take any such actions if, in the opinion of counsel to the Borrower, such action would require registration of the Borrower as an “Investment Company” under the Investment Company Act or violate any applicable provisions of federal, state or non-U.S. law or any law, rule or regulation of any governmental body or agency having jurisdiction over the Borrower.
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Additional Activities of the Servicer. Nothing herein shall prevent the Servicer or any of its affiliates from engaging in other businesses of any kind, including the issuance of mortgage-backed securities, or from rendering services of any kind to any other person or entity, including the performance of monitoring, administering or servicing activities for others investing in any type of real estate investment.
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Additional Activities of the Servicer. Subject to the following paragraph, nothing herein shall prevent the Servicer or any of its Affiliates from engaging in other businesses of any kind, including the issuance of mortgage-backed securities, or from rendering services of any kind to any other person or entity, including the performance of monitoring, administering or servicing activities for others investing in any type of real estate investment. The Servicer shall not (i) act as servicer or subservicer for distressed residential mortgage loans held by Competitors, and (ii) act as the servicer or subservicer on a portfolio of distressed mortgage loans acquired in a competitive bidding process where the Servicer or another entity managed by the PennyMac REIT Manager or an Affiliate thereof does not have an interest in any part of the portfolio. Notwithstanding the foregoing, the Servicer may act as servicer or subservicer where a majority of the independent members of the board of trustees of PennyMac REIT determines that (i) the Servicer has sufficient capacity to service the loans without negatively affecting the quality of the services provided by the Servicer hereunder, and (ii) by acting in such capacity the Servicer will not competitively disadvantage the Owner or PennyMac REIT. The Servicer may act as servicer or subservicer of residential mortgage loans for government-sponsored entities and other government-related entities and in other circumstances not prohibited by the limitations set forth in this paragraph.
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Related to Additional Activities of the Servicer

  • Duties of the Servicer The Servicer is hereby authorized to act as agent for the Trust and in such capacity shall manage, service, administer and make collections on the Receivables, and perform the other actions required by the Servicer under this Agreement. The Servicer agrees that its servicing of the Receivables shall be carried out in accordance with customary and usual procedures of institutions which service motor vehicle retail installment sale contracts or promissory notes and, to the extent more exacting, the degree of skill and attention that the Servicer exercises from time to time with respect to all comparable motor vehicle receivables that it services for itself or others. In performing such duties, so long as GM Financial is the Servicer, it shall substantially comply with the Servicing Policies and Procedures. The Servicer’s duties shall include, without limitation, collecting and posting all payments, responding to inquiries of Obligors on the Receivables, investigating delinquencies, sending payment invoices to Obligors, reporting any required tax information to Obligors, monitoring the Collateral, accounting for collections and furnishing monthly and annual statements to the Trust Collateral Agent and the Trustee with respect to distributions, and performing the other duties specified herein. The Servicer, or if GM Financial is no longer the Servicer, GM Financial, at the request of the Servicer, shall also administer and enforce all rights and responsibilities of the holder of the Receivables provided for in the Dealer Agreements (and shall maintain possession of the Dealer Agreements, to the extent it is necessary to do so), the Dealer Assignments and the Insurance Policies, to the extent that such Dealer Agreements, Dealer Assignments and Insurance Policies relate to the Receivables, the Financed Vehicles or the Obligors. To the extent consistent with the standards, policies and procedures otherwise required hereby, the Servicer shall follow its customary standards, policies, and procedures and shall have full power and authority, acting alone, to do any and all things in connection with such managing, servicing, administration and collection that it may deem necessary or desirable. Without limiting the generality of the foregoing, the Servicer is hereby authorized and empowered by the Trust to execute and deliver, on behalf of the Trust, any and all instruments of satisfaction or cancellation, or of partial or full release or discharge, and all other comparable instruments, with respect to the Receivables and with respect to the Financed Vehicles; provided, however, that notwithstanding the foregoing, the Servicer shall not, except pursuant to an order from a court of competent jurisdiction, release an Obligor from payment of any unpaid amount under any Receivable or waive the right to collect the unpaid balance of any Receivable from the Obligor, except in accordance with the Servicer’s customary practices. The Servicer is hereby authorized to commence, in its own name or in the name of the Trust, a legal proceeding to enforce a Receivable pursuant to Section 4.3 or to commence or participate in any other legal proceeding (including, without limitation, a bankruptcy proceeding) relating to or involving a Receivable, an Obligor or a Financed Vehicle. If the Servicer commences or participates in such a legal proceeding in its own name, the Trust shall thereupon be deemed to have automatically assigned such Receivable to the Servicer solely for purposes of commencing or participating in any such proceeding as a party or claimant, and the Servicer is authorized and empowered by the Trust to execute and deliver in the Servicer’s name any notices, demands, claims, complaints, responses, affidavits or other documents or instruments in connection with any such proceeding. The Trust Collateral Agent and the Owner Trustee shall furnish the Servicer with any limited powers of attorney and other documents which the Servicer may reasonably request and which the Servicer deems necessary or appropriate and take any other steps which the Servicer may deem necessary or appropriate to enable the Servicer to carry out its servicing and administrative duties under this Agreement. As set forth in Section 9.3, in the event the Servicer fails to perform its obligations hereunder, the successor Servicer shall be responsible for the Servicer’s duties in this Agreement as if it were the Servicer, provided that the successor Servicer shall not be liable for the Servicer’s breach of its obligations.

  • Activities of the Subadviser Except to the extent necessary to perform its obligations hereunder, nothing herein shall be deemed to limit or restrict the Subadviser's right, or the right of any of the Subadviser's directors, officers or employees to engage in any other business or to devote time and attention to the management or other aspects of any other business, whether of a similar or dissimilar nature, or to render services of any kind to any other corporation, trust, firm, individual or association.

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