Appointment and Duties of the Servicer. (a) The Owner Trustee hereby appoints COAF as Servicer. The Servicer shall perform the services required 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, within the terms of this Servicing Agreement.
Appointment and Duties of the Servicer. The Company hereby appoints the Servicer as its servicer under this Agreement to perform the investment management functions of the Company set forth herein, and the Servicer hereby accepts such appointment. For so long as no Market Value Event has occurred and no Event of Default has occurred and is continuing and subject to Section 1.04, the services to be provided by the Servicer shall consist of (x) supervising the Portfolio, including communicating with obligors, executing amendments, providing consents and waivers, enforcing and collecting on the Portfolio and otherwise managing the Portfolio on behalf of the Company, delivering Notices of Acquisition on behalf of and in the name of the Company and (y) acting on behalf of the Company for all other purposes hereof and the transactions contemplated hereby. The Servicer agrees to comply with all covenants and restrictions imposed on the Company herein and in each other Loan Document and not to act in contravention of this Agreement. The Company hereby irrevocably appoints the Servicer its true and lawful agent and attorney-in-fact (with full power of substitution) in its name, place and stead and at its expense, in connection with the performance of its duties provided for herein. Without limiting the foregoing:
Appointment and Duties of the Servicer. The Issuer hereby appoints [ ] as the Servicer and [ ] accepts such appointment. The Servicer, for the benefit of the Issuer (to the extent provided herein), shall manage, service, administer, make collections and discharge liens on the 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 and others. The Servicer's duties shall include collection and posting of all payments, responding to inquiries of Obligors on such Receivables, investigating delinquencies, sending payment coupons to Obligors, reporting tax information to Obligors, accounting for collections and furnishing monthly and annual statements to the Owner Trustee with respect to distributions. 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 and empowered to execute and deliver, on behalf of itself, the Issuer and the Owner Trustee 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 Receivables or to the Financed Vehicles securing such Receivables. If the Servicer shall commence a legal proceeding to enforce a Receivable, the Issuer shall thereupon be deemed to have automatically assigned, solely for the purpose of collection, such Receivables to the Servicer. If in any enforcement suit or legal proceeding it shall be held that the Servicer may not enforce a Receivable on the ground that it shall not be a real party in interest or a holder entitled to enforce such Receivable, the Owner Trustee shall, at the Servicer's expense and direction, take steps to enforce such Receivable, including bringing suit in its name. The Owner Trustee shall upon the written request of the Servicer furnish the Servicer with any powers of attorney and execute any other documents reasonably necessary or appropriate to enable the Servicer to carry out its servicing and administrative duties hereunder. The Owner Trustee shall have no liability for furnishing any power of attorney requested by the Servicer or for executing any other document requested by the Servicer, and shall be entitled to rely on the request of the Servicer without independent investigation in determining that such accou...
Appointment and Duties of the Servicer. (a) The Issuer hereby appoints Bay View Acceptance as the Servicer for an initial term commencing on the Closing Date, which term shall be automatically extended for successive 364-day terms, until the Notes are paid in full, unless the Agent, in its sole discretion, delivers a Servicer Termination Notice as set forth below. The Servicer hereby agrees that, as of the date hereof, the Servicer shall become bound, for the initial term beginning on the Closing Date and for the duration of each successive term to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. At any time during the initial term or any subsequent term, the Agent may, in its sole discretion, deliver to the Servicer a written notice (a “Servicer Termination Notice”) providing that the then current Servicer’s duties as Servicer shall terminate at the end of the then current term.
Appointment and Duties of the Servicer. The Company hereby appoints the Servicer as its servicer under this Agreement and the other Loan Documents and to perform the investment servicing functions of the Company set forth herein and therein, and the Servicer hereby accepts such appointment. For so long as no Market Value Cure Failure has occurred and no Event of Default has occurred and is continuing and subject to Section 1.04, the services to be provided by the Servicer shall consist of (x) selecting, purchasing, managing and directing the investment, reinvestment and disposition of Portfolio Investments, delivering Approval Requests on behalf of and in the name of the Company and (y) acting on behalf of the Company for all other purposes hereof and the transactions contemplated hereby expressly set forth in this Agreement and the other Loan Documents. The Company hereby irrevocably appoints the Servicer its true and lawful agent and attorney-in-fact (with full power of substitution) in its name, place and stead and at its expense, in connection with the performance of its duties provided for herein. Without limiting the foregoing: the Servicer shall perform its obligations hereunder with reasonable care, using a degree of skill not less than that which the Servicer exercises with respect to assets of the nature of the Portfolio Investments that it manages or services for itself and others having similar investment objectives and restrictions. The Servicer may employ third parties (including its Affiliates) to render advice (including investment advice) and assistance to the Company and to perform any of the Servicer's duties hereunder, provided that the Servicer shall not be relieved of any of its duties or liabilities hereunder regardless of the performance of any services by third parties. For the avoidance of doubt, neither the Administrative Agent nor any Lender shall have the right to remove or replace the Servicer hereunder.
Appointment and Duties of the Servicer. The Purchasers and the Seller each hereby appoint CFC as the Servicer and CFC accepts such appointment. The Servicer, for the benefit of the Purchasers (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 Purchasers 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 Purchasers. The Purchasers 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 the Servicer. 10.1.1 The Compartment has appointed, and the Servicer has accepted such appointment, the Servicer entrusting it with duties of, and conferring to it powers for, the collection and possible recovery of, and the carrying out of, cash and payment services with respect to, the Purchased Receivables pursuant to the Servicing Procedures and the terms and conditions of the Transfer and Servicing Agreement.
Appointment and Duties of the Servicer. (a) In connection with the purchase of Receivables by the FCT, the Servicer, the Management Company and the Custodian have entered into the Servicing Agreement pursuant to which the parties have agreed that the servicing of the Purchased Receivables will continue to be carried out by RCI Banque Niederlassung Deutschland acting as Servicer. Pursuant to the Servicing Agreement, the Servicer shall, for the benefit of the FCT, take the necessary steps (or ensure that the same is taken) to preserve and exercise the rights of the FCT arising under the Purchased Receivables.
Appointment and Duties of the Servicer. (a) The Issuer hereby reaffirms its appointment of AmeriCredit, as assignee of Bay View Acceptance Corporation, as the Servicer for the current term that commenced on June 19, 2006 and ends on September 6, 2007. Beginning with the expiration of such term on September 6, 2007, the term of the appointment of AmeriCredit as Servicer shall be automatically extended for successive 364-day terms, until the Notes are paid in full, unless the Agent, in its sole discretion, delivers a Servicer Termination Notice as set forth below. The Servicer hereby reaffirms its agreement to be bound for the current term that began on June 19, 2006 and ends on September 6, 2007, and for the duration of each successive term to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. At any time during the initial term or any subsequent term, the Agent may, in its sole discretion, deliver to the Servicer a written notice (a “Servicer Termination Notice”) providing that the then current Servicer’s duties as Servicer shall terminate at the end of the then current term.
Appointment and Duties of the Servicer. (a) The Issuer hereby appoints COAF as Servicer. The Servicer shall perform the services required 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, within the terms of this Servicing Agreement.
