Appointment and Duties of Servicer. The Purchaser and the Seller each hereby appoint CFC as the Servicer and CFC accepts such appointment. The Servicer, for the benefit of the Purchaser (to the extent provided herein), shall manage, service, administer, make collections and discharge liens on the Purchased Receivables with reasonable care, using that degree of skill and attention that the Servicer exercises with respect to all comparable automotive receivables that it services for itself or others. If the Servicer shall commence a legal proceeding to enforce a Purchased Receivable, the Purchaser shall thereupon be deemed to have automatically assigned, solely for the purpose of collection, such Purchased Receivables to the Servicer. If in any enforcement suit or legal proceeding it shall be held that the Servicer may not enforce a Purchased Receivable on the ground that it shall not be a real party in interest or a holder entitled to enforce such Purchased Receivable, the Administrative Agent shall, at the Servicer's expense and direction, take steps to enforce such Receivable, including bringing suit in its name or the name of the Purchaser. The Purchaser shall upon the written request of the Servicer furnish the Servicer with any powers of attorney and other documents reasonably necessary or appropriate to enable the Servicer to carry out its servicing and administrative duties hereunder.
Appointment and Duties of Servicer. (a) The managing, ---------------------------------- servicing, administering and making collections on the Contracts shall be conducted by the Person so designated from time to time as Servicer in accordance with this Agreement. PeopleFirst is hereby initially designated as, and hereby agrees to perform, the duties and obligations of the Servicer pursuant to the terms hereof and the other Basic Documents. Subject to the resignation of PeopleFirst as Servicer pursuant to Section 7.5 or the termination of PeopleFirst as Servicer pursuant to Section 8.1 and, in either case, the assumption by the Backup Servicer, or the designation of a successor Servicer hereunder as the case may be, of the Servicer's duties and responsibilities in accordance with Section 8A.7, PeopleFirst shall continue to manage, service, administer and collect on the Receivables pursuant to this Agreement, unless and until expressly agreed otherwise by the Seller, the Issuer and the Controlling Party. The Servicer, as agent for the Issuer and the Insurer (to the extent provided herein), shall manage, service, administer and make collections on the Receivables (other than Purchased Receivables) in accordance with all applicable federal, state or local laws and regulations and with reasonable care, using that degree of skill and attention that the Servicer exercises with respect to all comparable automotive receivables that it services for itself or others, and in any event with no less degree of skill and care than would be exercised by a prudent servicer of motor vehicle loans (the "Servicing Standard"), except that the Servicer shall not be obligated, and does not currently intend, to (i) obtain force-placed insurance concerning any Financed Vehicle or (ii) monitor any Obligor's maintenance of such insurance. The Servicer's duties shall include collection and posting of all payments, responding to inquiries of Obligors on such Receivables, investigating delinquencies, sending payment statements to Obligors, accounting for collections and furnishing monthly and annual statements to the Owner Trustee, Indenture Trustee and the Insurer with respect to distributions, reporting tax information, if any, to Obligors and delivering Receivable Files to the Custodian. Subject to the provisions of Section 4.2, the Servicer shall follow its customary standards, policies and procedures in performing its duties as Servicer. Without limiting the generality of the foregoing, the Servicer is authorized a...
Appointment and Duties of Servicer. 33 Section 4.2 Collection and Allocation of Receivable Payments..............34 Section 4.3 Realization upon Receivables..................................35 Section 4.4 [RESERVED]....................................................36 Section 4.5 Maintenance of Security Interests in Financed Vehicles........36 Section 4.6
Appointment and Duties of Servicer. 9. SERVICER FUNCTIONS
Appointment and Duties of Servicer. 16 Section 6.2.
Appointment and Duties of Servicer. (a) FPF hereby appoints the Originator as the Servicer, and the Originator shall remain as Servicer until the earlier to occur of (i) the payment in full of all amounts due to FPF under a termination of the Sale Agreement, (ii) written notice from FPF or its designees to the Servicer of termination of the Servicer hereunder due to the occurrence of a Default under the Sale Agreement, or (iii) written notice from FPF or its designees to the Servicer of termination of the Servicer hereunder due to the occurrence of an Event of Servicing Default. The Servicer shall perform the services required of it pursuant to the terms of this Servicing Agreement. In performing its duties hereunder, the Servicer shall have full power and authority to do or cause to be done any and all things in connection with such servicing and administration which it may deem necessary or desirable in accordance with the standard of care specified herein.
Appointment and Duties of Servicer. (a) The managing, servicing, administering and making collections on the Contracts shall be conducted by the Person so designated from time to time as Servicer in accordance with this Agreement. PeopleFirst is hereby initially designated as, and hereby agrees to perform, the duties and obligations of the Servicer pursuant to the terms hereof and the other Basic Documents. Subject to the resignation of PeopleFirst as Servicer pursuant to Section 7.5 or the termination of PeopleFirst as Servicer pursuant to Section 8.1 and, in either case, the assumption by the Backup Servicer, or the designation of a successor Servicer hereunder as the case may be, of the Servicer's duties and responsibilities in accordance with Section 8A.7, PeopleFirst shall continue to manage, service, administer and collect on the Receivables pursuant to this Agreement, unless and until expressly agreed otherwise by the Seller, the Issuer and the Controlling Party. The Servicer, as agent for the Issuer and, to the extent provided herein, the Insurer and the Indenture Trustee, shall manage, service, administer and make collections on the Receivables (other than Purchased Receivables) in accordance with all applicable federal, state or local laws and regulations and with reasonable care, using that degree of skill and attention that the Servicer exercises with respect to all comparable automotive receivables that it services for itself or others, and in any event with no less degree of skill and care than would be
Appointment and Duties of Servicer. (a) The Purchaser and the Seller each hereby appoint CFC as the Servicer and CFC accepts such appointment. The Servicer, for the benefit of the Purchaser (or the extent provided herein), shall manage, service, administer and make collections on the Purchased Receivables with reasonable care, using that degree of skill and attention that the Servicer exercises with respect to all comparable automotive receivables that it services for itself or others. The Servicer's duties shall include collection and posting of all payments, responding to inquiries of Obligors on such Purchased Receivables, investigating delinquencies, sending payment coupons to Obligors, reporting tax information to Obligors, accounting for collections and furnishing reports required hereunder. The Servicer shall follow its customary standards, policies and procedures in performing its duties as Servicer. Without limiting the generality of the foregoing, the Servicer is authorized and empowered to execute and deliver, on behalf of itself, the Seller, the Purchaser, the Administrative Agent or any of them, any and all instruments of satisfaction or cancellation, or partial or full release or discharge, and all other comparable instruments, with respect to such Purchased Receivables or to the Financed Vehicles securing such Purchased Receivables. If the Servicer shall commence a legal proceeding to enforce a Purchased Receivable, the Purchaser shall thereupon be deemed to have automatically assigned, solely for the purpose of collection, such Purchased Receivables to the Servicer. If in any enforcement suit or legal proceeding it shall be held that the Servicer may not enforce a Purchased Receivable on the ground that it shall not be a real party, in interest or a holder entitled to enforce such Purchased Receivable, the Administrative Agent shall, at the Servicer's expense and direction, take steps to enforce such Receivable, including bringing suit in its name or the name of the Purchaser. The Purchaser shall upon the written request of the Servicer furnish the Servicer with any powers of attorney and other documents reasonably necessary or appropriate to enable the Servicer to carry out its servicing and administrative duties hereunder.
Appointment and Duties of Servicer. (a) Xxxxxx hereby appoints Western as Servicer under this Servicing Agreement. Servicer shall perform the services required of it pursuant to the terms of this Servicing Agreement. In performing its duties hereunder, Servicer shall have full power and authority to do or cause to be done any and all things in connection with such servicing and administration which it may deem necessary, appropriate or desirable in accordance with the standard of care specified herein.
Appointment and Duties of Servicer. Client hereby appoints the Servicer to manage, administer, service and receive collections on the Receivables as specified herein and to otherwise perform the duties of servicer. In performing its duties hereunder, the Servicer shall have full power and authority to do or cause to be done any and all things in connection with such servicing and administration which it may deem necessary or desirable, within the terms of this Servicing Agreement. Specifically, Servicer will provide the following services:
