Advance Facilities. With the prior written consent of the Class A Certificate Insurer, the Servicer is hereby authorized to enter into a financing or other facility (an "ADVANCE FACILITY") under which (l) the Servicer sells, assigns or pledges to another Person (an "ADVANCING PERSON") the Servicer's rights under this Agreement to be reimbursed for any Advances and/or (2) an Advancing Person agrees to fund some or all P&I Advances or Servicing Advances required to be made by the Servicer pursuant to this Agreement. Except as provided in the preceding sentence, no consent of any party is required before the Servicer may enter into an Advance Facility. Notwithstanding the existence of any Advance Facility under which an Advancing Person agrees to fund P&I Advances and/or Servicing Advances on the Servicer's behalf, the Servicer shall remain obligated pursuant to this Agreement to make P&I Advances and Servicing Advances pursuant to and as required by this Agreement, and shall not be relieved of such obligations by virtue of such Advance Facility. Reimbursement amounts ("ADVANCE REIMBURSEMENT AMOUNTS") shall consist solely of amounts in respect of P&I Advances and/or Servicing Advances made with respect to the Mortgage Loans for which the Servicer would be permitted to reimburse itself in accordance with this Agreement, assuming the Servicer had made the related P&I Advance(s) and/or Servicing Advance(s). The Servicer shall maintain and provide to any successor Servicer a detailed accounting on a loan-by-loan basis as to amounts advanced by, pledged or assigned to, and reimbursed to any Advancing Person. The successor Servicer shall be entitled to rely on any such information provided by the predecessor Servicer, and the successor Servicer shall not be liable for any errors in such information. An Advancing Person who purchases or receives an assignment or pledge of the rights to be reimbursed for P&I Advances and/or Servicing Advances, and/or whose obligations hereunder are limited to the funding of P&I Advances and/or Servicing Advances shall not be required to meet the criteria for qualification of a subservicer set forth in this Agreement. The documentation establishing any Advance Facility shall require that Advance Reimbursement Amounts distributed with respect to each Mortgage Loan be allocated to outstanding unreimbursed P&I Advances or Servicing Advances (as the case may be) made wxxx xxxxxxx xx that Mortgage Loan on a "first-in, first out" (FIFO) basis. Such documentation shall also require the Servicer to provide to the related Advancing Person or its designee loan-by-loan information with respect to each Advance Reimbursement Amount distributed to such Advancing Person or to a trustee or custodian (an "ADVANCE FACILITY TRUSTEE") on each Distribution Date, to enable the Advancing Person or Advance Facility Trustee to make the FIFO allocation of each Advance Reimbursement Amount with respect to each Mortgage Loan. The Servicer shall remain entitled to be reimbursed pursuant to the Advance Facility by the Advancing Person or Advance Facility Trustee for all P&I Advances and Servicing Advances funded by the Servicer to the extent the related rights to be reimbursed therefor have not been sold, assigned or pledged to an Advancing Person.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc)
Advance Facilities. With the prior written consent of the Class A Certificate Insurer, the Servicer is hereby authorized to enter into a financing or other facility (an "ADVANCE FACILITY") under which (l) the Servicer sells, assigns or pledges to another Person (an "ADVANCING PERSON") the Servicer's rights under this Agreement to be reimbursed for any Advances and/or (2) an Advancing Person agrees to fund some or all P&I Advances or Servicing Advances required to be made by the Servicer pursuant to this Agreement. Except as provided in the preceding sentence, no consent of any party is required before the Servicer may enter into an Advance Facility. Notwithstanding the existence of any Advance Facility under which an Advancing Person agrees to fund P&I Advances and/or Servicing Advances on the Servicer's behalf, the Servicer shall remain obligated pursuant to this Agreement to make P&I Advances and Servicing Advances pursuant to and as required by this Agreement, and shall not be relieved of such obligations by virtue of such Advance Facility. Reimbursement amounts ("ADVANCE REIMBURSEMENT AMOUNTS") shall consist solely of amounts in respect of P&I Advances and/or Servicing Advances made with respect to the Mortgage Loans for which the Servicer would be permitted to reimburse itself in accordance with this Agreement, assuming the Servicer had made the related P&I Advance(s) and/or Servicing Advance(s). The Servicer shall maintain and provide to any successor Servicer a detailed accounting on a loan-by-loan basis as to amounts advanced by, pledged or assigned to, and reimbursed to any Advancing Person. The successor Servicer shall be entitled to rely on any such information provided by the predecessor Servicer, and the successor Servicer shall not be liable for any errors in such information. An Advancing Person who purchases or receives an assignment or pledge of the rights to be reimbursed for P&I Advances and/or Servicing Advances, and/or whose obligations hereunder are limited to the funding of P&I Advances and/or Servicing Advances shall not be required to meet the criteria for qualification of a subservicer set forth in this Agreement. The documentation establishing any Advance Facility shall require that Advance Reimbursement Amounts distributed with respect to each Mortgage Loan be allocated to outstanding unreimbursed P&I Advances or Servicing Advances (as the case may be) made wxxx xxxxxxx xx xxxx xxxx xxxxect to that Mortgage Loan on a "first-in, first out" (FIFO) basis. Such documentation shall also require the Servicer to provide to the related Advancing Person or its designee loan-by-loan information with respect to each Advance Reimbursement Amount distributed to such Advancing Person or to a trustee or custodian (an "ADVANCE FACILITY TRUSTEE") on each Distribution Date, to enable the Advancing Person or Advance Facility Trustee to make the FIFO allocation of each Advance Reimbursement Amount with respect to each Mortgage Loan. The Servicer shall remain entitled to be reimbursed pursuant to the Advance Facility by the Advancing Person or Advance Facility Trustee for all P&I Advances and Servicing Advances funded by the Servicer to the extent the related rights to be reimbursed therefor have not been sold, assigned or pledged to an Advancing Person.
(i) the pledge, if any, of Servicer's rights to the lender under the facility conveys no rights (such as a right to fees after the removal of the Servicer or the right to become a substitute servicer) under this Agreement, or against the Trust Fund, any investor in or guarantor of securities issued hereunder, or any person other than the Servicer, (ii) the Servicer is only pledging assets and rights that it owns and any purported pledge of any assets or rights that are not property of the Servicer shall be of force and effect and will not be deemed to create any additional rights or assets of either the lender or the Servicer and (iii) the lender shall take such steps as are reasonably necessary to confirm to a successor servicer that it has no rights in any collateral due or payable on or after the date of servicing transfer other than the Servicer's rights to reimbursement of Advances (to be repaid pursuant to the terms of this Agreement) for Advances made prior to such servicing transfer.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc)
Advance Facilities. With (a) Notwithstanding anything to the prior written consent of contrary contained herein, (i) the Class A Certificate Insurer, the Servicer Subservicer is hereby authorized to enter into a financing or other an advance facility (an "ADVANCE FACILITY"“Advance Facility”) under which (lA) the Servicer Subservicer sells, assigns or pledges to another Person (together with such person’s successors and assigns, an "ADVANCING PERSON"“Advancing Person”) the Servicer's Subservicer’s rights under this Agreement to be reimbursed for any Monthly Advances or Servicing Advances and/or (2B) an Advancing Person agrees to fund some or all P&I Monthly Advances or Servicing Advances required to be made by the Servicer Subservicer pursuant to this AgreementAgreement and (ii) the Subservicer is hereby authorized to assign its rights to the Subservicing Fee; it being understood that neither the Trust Fund nor any party hereto shall have a right or claim (including without limitation any right of offset) to the portion of the Subservicing Fee so assigned. Except as provided in the preceding sentence, no No consent of the Indenture Trustee, Noteholders or any other party is required before the Servicer Subservicer may enter into an Advance Facility. Notwithstanding the existence of any Advance Facility under which an Advancing Person agrees to fund P&I Monthly Advances and/or Servicing Advances on the Servicer's Subservicer’s behalf, the Servicer Subservicer shall remain obligated pursuant to this Agreement to make P&I Monthly Advances and Servicing Advances pursuant to and as required by this Agreement, and shall not be relieved of such obligations by virtue of such Advance Facility.
(b) If the Subservicer enters into an Advance Facility, and for so long as an Advancing Person remains entitled to receive reimbursement for any Monthly Advances including Non-recoverable Advances related thereto (“Monthly Advance Reimbursement Amounts”) and/or Servicing Advances including Non-recoverable Advances related thereto (“Servicing Advance Reimbursement Amounts” and, together with Monthly Advance Reimbursement Amounts, “Reimbursement Amounts”) (in each case to the extent that such type of Reimbursement Amount is included in the Advance Facility), then the Subservicer shall identify such Reimbursement Amounts as received, consistently with the reimbursement rights set forth in this Agreement, and shall remit such Reimbursement Amounts in accordance with the documentation establishing the Advance Facility to such Advancing Person or to a trustee, agent or custodian (an “Advance Facility Indenture Trustee”) designated by such Advancing Person. If the Subservicer enters into an Advance Facility, the Subservicer and the related Advancing Person shall deliver to the Indenture Trustee and the Securities Administrator a written notice of the existence of such Advance Facility (an “Advance Facility Notice”), stating the identity of the Advancing Person and any related Advance Facility Trustee. An Advance Facility Notice may only be terminated by the joint written direction of the Subservicer and the related Advancing Person as described in Section 7.13(h) below.
(c) Reimbursement amounts ("ADVANCE REIMBURSEMENT AMOUNTS") Amounts shall consist solely of amounts in respect of P&I Monthly Advances and/or Servicing Advances made with respect to the Mortgage Loans for which the Servicer Subservicer would be permitted to reimburse itself in accordance with this Agreement, assuming the Servicer Subservicer had made the related P&I Monthly Advance(s) and/or Servicing Advance(s). The Indenture Trustee, the Securities Administrator and the Master Servicer shall have no duty or liability with respect to the calculation of any Reimbursement Amount, nor shall the Indenture Trustee, the Securities Administrator and the Master Servicer have any responsibility to track or monitor the administration of the Advance Facility or the payment of Reimbursement Amounts to the related Advancing Person or Advance Facility Trustee. The Subservicer shall maintain and provide to any successor Servicer subservicer a detailed accounting on a loan-by-loan by loan basis as to amounts advanced by, pledged or assigned to, and reimbursed to any Advancing Person. The successor Servicer subservicer shall be entitled to rely on any such information provided by the predecessor Servicersubservicer, and the successor Servicer subservicer shall not be liable for any errors in such information. .
(d) An Advancing Person who purchases or receives an assignment or pledge of the rights to be reimbursed for P&I Monthly Advances and/or Servicing Advances, and/or whose obligations hereunder are limited to the making or funding of P&I Monthly Advances and/or Servicing Advances shall will not be deemed to be a sub-Subservicer under this Agreement or be required to meet the criteria for qualification of as a subservicer set forth in sub-Subservicer under this Agreement. The documentation establishing any Advance Facility shall require that Advance .
(e) Reimbursement Amounts distributed allocated to reimburse Monthly Advances or Servicing Advances made with respect to each any particular Mortgage Loan shall be allocated to outstanding the reimbursement of the unreimbursed P&I Monthly Advances or Servicing Advances (as the case may be) made wxxx xxxxxxx xx with respect to that Mortgage Loan on a "“first-in, first out" ” (“FIFO”) basis, such that the Reimbursement Amounts shall be applied to reimburse the Monthly Advance or Servicing Advance (as the case may be) for that Mortgage Loan that was disbursed earliest in time first, and to reimburse the Monthly Advance or Servicing Advance (as the case may be) for that Mortgage Loan that was disbursed latest in time last. Such documentation Liquidation Proceeds with respect to a Mortgage Loan shall also require the Servicer be applied to reimburse Servicing Advances outstanding with respect to that Mortgage Loan before being applied to reimburse Monthly Advances outstanding with respect to that Mortgage Loan. The Subservicer shall provide to the related Advancing Person or its designee Advance Facility Trustee loan-by-loan information with respect to each Advance Reimbursement Amount distributed remitted to such Advancing Person or to a trustee or custodian (an "ADVANCE FACILITY TRUSTEE") on each Distribution DateAdvance Facility Trustee, to enable the Advancing Person or Advance Facility Trustee to make the FIFO allocation of each Advance such Reimbursement Amount with respect to each Mortgage Loan. .
(f) The Servicer Subservicer who enters into an Advance Facility shall remain entitled indemnify the Indenture Trustee, the Trust, the Master Servicer, the Securities Administrator, the Depositor and any successor subservicer for any claim, loss, liability or damage resulting from any claim by the related Advancing Person, except to the extent that such claim, loss, liability or damage resulted from or arose out of negligence, recklessness or willful misconduct on the part of the Indenture Trustee, the Master Servicer, the Securities Administrator, the Depositor or the successor subservicer.
(g) Any rights of set-off that the Trust Fund, the Indenture Trustee, the Depositor, the Master Servicer, the Securities Administrator, any successor subservicer or any other Person might otherwise have against the Subservicer under this Agreement shall not attach to any rights to be reimbursed pursuant for Monthly Advances or Servicing Advances that have been sold, transferred, pledged, conveyed or assigned to any Advancing Person.
(h) At any time when an Advancing Person shall have ceased funding Monthly Advances and/or Servicing Advances (as the case may be) and the Advancing Person or related Advance Facility Trustee shall have received Reimbursement Amounts sufficient in the aggregate to reimburse all Monthly Advances and/or Servicing Advances (as the case may be) the right to reimbursement for which were assigned to the Advance Facility Advancing Person, then upon the delivery of a written notice signed by the Advancing Person or and the related Subservicer to the Indenture Trustee terminating the Advance Facility Trustee for all P&I Advances Notice (the “Notice of Facility Termination”), the Subservicer shall again be entitled to withdraw and Servicing Advances funded retain the related Reimbursement Amounts from the Custodial Account pursuant to the applicable Sections of this Agreement.
(i) Any amendment to this Section 7.13 or to any other provision of this Agreement that may be necessary or appropriate to effect the terms of an Advance Facility as described generally in this Section 7.13 including amendments to add provisions relating to a successor subservicer, may be entered into by the Servicer Depositor, the Indenture Trustee and the Subservicer without the consent of any Noteholder or the Ownership Certificateholder, notwithstanding anything to the extent contrary in this Agreement.
(j) After delivery of any Advance Facility Notice, and until any such Advance Facility Notice has been terminated by a Notice of Facility Termination, this Section 7.13 may not be amended or otherwise modified without the prior written consent of the related rights to be reimbursed therefor have not been sold, assigned or pledged to an Advancing Person.
Appears in 1 contract
Samples: Transfer and Servicing Agreement (FBR Securitization, Inc.)
Advance Facilities. With (a) Notwithstanding anything to the prior written consent of the Class A Certificate Insurercontrary contained herein, (i) the Servicer is hereby authorized to enter into a financing or other an advance facility (an "ADVANCE FACILITY"“Advance Facility”) under which (lA) the Servicer sells, assigns or pledges to another Person (together with such person’s successors and assigns, an "ADVANCING PERSON"“Advancing Person”) the Servicer's ’s rights under this Agreement to be reimbursed for any Monthly Advances or Servicing Advances and/or (2B) an Advancing Person agrees to fund some or all P&I Monthly Advances or Servicing Advances required to be made by the Servicer pursuant to this AgreementAgreement and (ii) the Servicer is hereby authorized to assign its rights to the Subservicing Fee; it being understood that neither the Trust Fund nor any party hereto shall have a right or claim (including without limitation any right of offset) to the portion of the Subservicing Fee so assigned. Except as provided in the preceding sentence, no No consent of the Indenture Trustee, Noteholders or any other party is required before the Servicer may enter into an Advance Facility. Notwithstanding the existence of any Advance Facility under which an Advancing Person agrees to fund P&I Monthly Advances and/or Servicing Advances on the Servicer's ’s behalf, the Servicer shall remain obligated pursuant to this Agreement to make P&I Monthly Advances and Servicing Advances pursuant to and as required by this Agreement, and shall not be relieved of such obligations by virtue of such Advance Facility.
(b) If the Servicer enters into an Advance Facility, and for so long as an Advancing Person remains entitled to receive reimbursement for any Monthly Advances including Non-recoverable Advances related thereto (“Monthly Advance Reimbursement Amounts”) and/or Servicing Advances including Non-recoverable Advances related thereto (“Servicing Advance Reimbursement Amounts” and, together with Monthly Advance Reimbursement Amounts, “Reimbursement Amounts”) (in each case to the extent that such type of Reimbursement Amount is included in the Advance Facility), then the Servicer shall identify such Reimbursement Amounts as received, consistently with the reimbursement rights set forth in this Agreement, and shall remit such Reimbursement Amounts in accordance with the documentation establishing the Advance Facility to such Advancing Person or to a trustee, agent or custodian (an “Advance Facility Indenture Trustee”) designated by such Advancing Person. If the Servicer enters into an Advance Facility, the Servicer and the related Advancing Person shall deliver to the Indenture Trustee and the Securities Administrator a written notice of the existence of such Advance Facility (an “Advance Facility Notice”), stating the identity of the Advancing Person and any related Advance Facility Trustee. An Advance Facility Notice may only be terminated by the joint written direction of the Servicer and the related Advancing Person as described in Section 7.12(h) below.
(c) Reimbursement amounts ("ADVANCE REIMBURSEMENT AMOUNTS") Amounts shall consist solely of amounts in respect of P&I Monthly Advances and/or Servicing Advances made with respect to the Mortgage Loans for which the Servicer would be permitted to reimburse itself in accordance with this Agreement, assuming the Servicer had made the related P&I Monthly Advance(s) and/or Servicing Advance(s). The Indenture Trustee, the Securities Administrator and the Master Servicer shall have no duty or liability with respect to the calculation of any Reimbursement Amount, nor shall the Indenture Trustee, the Securities Administrator and the Master Servicer have any responsibility to track or monitor the administration of the Advance Facility or the payment of Reimbursement Amounts to the related Advancing Person or Advance Facility Trustee. The Servicer shall maintain and provide to any successor Servicer servicer a detailed accounting on a loan-by-loan by loan basis as to amounts advanced by, pledged or assigned to, and reimbursed to any Advancing Person. The successor Servicer servicer shall be entitled to rely on any such information provided by the predecessor Servicerservicer, and the successor Servicer servicer shall not be liable for any errors in such information. .
(d) An Advancing Person who purchases or receives an assignment or pledge of the rights to be reimbursed for P&I Monthly Advances and/or Servicing Advances, and/or whose obligations hereunder are limited to the making or funding of P&I Monthly Advances and/or Servicing Advances shall will not be deemed to be a sub-Servicer under this Agreement or be required to meet the criteria for qualification of as a subservicer set forth in sub-Servicer under this Agreement. The documentation establishing any Advance Facility shall require that Advance .
(e) Reimbursement Amounts distributed allocated to reimburse Monthly Advances or Servicing Advances made with respect to each any particular Mortgage Loan shall be allocated to outstanding the reimbursement of the unreimbursed P&I Monthly Advances or Servicing Advances (as the case may be) made wxxx xxxxxxx xx with respect to that Mortgage Loan on a "“first-in, first out" ” (“FIFO”) basis, such that the Reimbursement Amounts shall be applied to reimburse the Monthly Advance or Servicing Advance (as the case may be) for that Mortgage Loan that was disbursed earliest in time first, and to reimburse the Monthly Advance or Servicing Advance (as the case may be) for that Mortgage Loan that was disbursed latest in time last. Such documentation Liquidation Proceeds with respect to a Mortgage Loan shall also require the be applied to reimburse Servicing Advances outstanding with respect to that Mortgage Loan before being applied to reimburse Monthly Advances outstanding with respect to that Mortgage Loan. The Servicer to shall provide to the related Advancing Person or its designee Advance Facility Trustee loan-by-loan information with respect to each Advance Reimbursement Amount distributed remitted to such Advancing Person or to a trustee or custodian (an "ADVANCE FACILITY TRUSTEE") on each Distribution DateAdvance Facility Trustee, to enable the Advancing Person or Advance Facility Trustee to make the FIFO allocation of each Advance such Reimbursement Amount with respect to each Mortgage Loan. .
(f) The Servicer who enters into an Advance Facility shall remain entitled indemnify the Indenture Trustee, the Trust, the Master Servicer, the Securities Administrator, the Depositor and any successor servicer for any claim, loss, liability or damage resulting from any claim by the related Advancing Person, except to the extent that such claim, loss, liability or damage resulted from or arose out of negligence, recklessness or willful misconduct on the part of the Indenture Trustee, the Master Servicer, the Securities Administrator, the Depositor or the successor servicer.
(g) Any rights of set-off that the Trust Fund, the Indenture Trustee, the Depositor, the Master Servicer, the Securities Administrator, any successor servicer or any other Person might otherwise have against the Servicer under this Agreement shall not attach to any rights to be reimbursed pursuant for Monthly Advances or Servicing Advances that have been sold, transferred, pledged, conveyed or assigned to any Advancing Person.
(h) At any time when an Advancing Person shall have ceased funding Monthly Advances and/or Servicing Advances (as the case may be) and the Advancing Person or related Advance Facility Trustee shall have received Reimbursement Amounts sufficient in the aggregate to reimburse all Monthly Advances and/or Servicing Advances (as the case may be) the right to reimbursement for which were assigned to the Advance Facility Advancing Person, then upon the delivery of a written notice signed by the Advancing Person or Advance Facility Trustee for all P&I Advances and Servicing Advances funded by the related Servicer to the extent Indenture Trustee terminating the Advance Facility Notice (the “Notice of Facility Termination”), the Servicer shall again be entitled to withdraw and retain the related rights Reimbursement Amounts from the Custodial Account pursuant to the applicable Sections of this Agreement.
(i) Any amendment to this Section 7.12 or to any other provision of this Agreement that may be reimbursed therefor have necessary or appropriate to effect the terms of an Advance Facility as described generally in this Section 7.12 including amendments to add provisions relating to a successor servicer, may be entered into by the Depositor, the Indenture Trustee and the Servicer without the consent of any Noteholder or the Ownership Certificateholder, notwithstanding anything to the contrary in this Agreement.
(j) After delivery of any Advance Facility Notice, and until any such Advance Facility Notice has been terminated by a Notice of Facility Termination, this Section 7.12 may not been sold, assigned be amended or pledged to an otherwise modified without the prior written consent of the related Advancing Person.
Appears in 1 contract
Samples: Transfer and Servicing Agreement (First NLC Securitization, Inc.)
Advance Facilities. With the prior written consent of the Class A Certificate Insurer, the Servicer is hereby authorized to enter into a financing or other facility (an "ADVANCE FACILITY") under which (l) the Servicer sells, assigns or pledges to another Person (an "ADVANCING PERSON") the Servicer's rights under this Agreement to be reimbursed for any Advances and/or (2) an Advancing Person agrees to fund some or all P&I Advances or Servicing Advances required to be made by the Servicer pursuant to this Agreement; PROVIDED, HOWEVER, that the Class A Certificate Insurer hereby consents to JP Morgan Chase Bank, pursuant to that certain 8/02 Fairbanks Cxxxxxx Xxrx. Xxnior Secured Credit Agreement dated as of August 1, 2002 by and among Fairbanks, as borrower, JPMorgan Chase Bank, as administrative agent, collateral agent and a lender and the other lenders party thereto (the "JPMORGAN CREDIT AGREEMENT"); PROVIDED, FURTHER, that such consent is conditioned upon receipt by the Class A Certificate Insurer of a letter from JPMorgan Chase Bank and the Servicer to the Class A Certificate Insurer within eight Business Days of the Closing Date, in form and substance satisfactory to the Class A Certificate Insurer, and thereafter the Class A Certificate Insurer shall have seven Business Days following receipt of such letter to confirm or withdraw such consent (collectively, the "CONSENT PROCEDURES"). Except as provided in the preceding sentence, no consent of any party is required before the Servicer may enter into an Advance Facility. Notwithstanding the existence of any Advance Facility under which an Advancing Person agrees to fund P&I Advances and/or Servicing Advances on the Servicer's behalf, the Servicer shall remain obligated pursuant to this Agreement to make P&I Advances and Servicing Advances pursuant to and as required by this Agreement, and shall not be relieved of such obligations by virtue of such Advance Facility. Reimbursement amounts ("ADVANCE REIMBURSEMENT AMOUNTS") shall consist solely of amounts in respect of P&I Advances and/or Servicing Advances made with respect to the Mortgage Loans for which the Servicer would be permitted to reimburse itself in accordance with this Agreement, assuming the Servicer had made the related P&I Advance(s) and/or Servicing Advance(s). The Servicer shall maintain and provide to any successor Servicer a detailed accounting on a loan-by-loan basis as to amounts advanced by, pledged or assigned to, and reimbursed to any Advancing Person. The successor Servicer shall be entitled to rely on any such information provided by the predecessor Servicer, and the successor Servicer shall not be liable for any errors in such information. An Advancing Person who purchases or receives an assignment or pledge of the rights to be reimbursed for P&I Advances and/or Servicing Advances, and/or whose obligations hereunder are limited to the funding of P&I Advances and/or Servicing Advances shall not be required to meet the criteria for qualification of a subservicer set forth in this Agreement. The documentation establishing any Advance Facility shall require that Advance Reimbursement Amounts distributed with respect to each Mortgage Loan be allocated to outstanding unreimbursed P&I Advances or Servicing Advances (as the case may be) made wxxx xxxxxxx xx that Mortgage Loan on a "first-in, first out" (FIFO) basis. Such documentation shall also require the Servicer to provide to the related Advancing Person or its designee loan-by-loan information with respect to each Advance Reimbursement Amount distributed to such Advancing Person or to a trustee or custodian (an "ADVANCE FACILITY TRUSTEE") on each Distribution Date, to enable the Advancing Person or Advance Facility Trustee to make the FIFO allocation of each Advance Reimbursement Amount with respect to each Mortgage Loan. The Servicer shall remain entitled to be reimbursed pursuant to the Advance Facility by the Advancing Person or Advance Facility Trustee for all P&I Advances and Servicing Advances funded by the Servicer to the extent the related rights to be reimbursed therefor have not been sold, assigned or pledged to an Advancing Person.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley Abs Cap I Inc MRT PSS THR Cert Se 2002-He3)