Common use of Appointment of Subservicer Clause in Contracts

Appointment of Subservicer. The Servicer may at any time appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that the Rating Agency Condition shall have been satisfied in connection therewith (other than with respect to the appointment of CNHICA, as subservicer, with respect to the Receivables); and provided further, that the Servicer shall remain obligated and be liable to the Issuing Entity, the Trustee, the Indenture Trustee, the Certificateholders and the Noteholders for the servicing and administering of the Receivables in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Receivables. The fees and expenses of any subservicer shall be as agreed between the Servicer and such subservicer from time to time and none of the Issuing Entity, the Trustee, the Indenture Trustee, the Certificateholders or the Noteholders shall have any responsibility therefor.

Appears in 53 contracts

Samples: Sale and Servicing Agreement (CNH Equipment Trust 2024-B), Sale and Servicing Agreement (CNH Equipment Trust 2024-B), Sale and Servicing Agreement (CNH Equipment Trust 2024-A)

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Appointment of Subservicer. The Servicer may at any time appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that the Rating Agency Condition shall have been satisfied in connection therewith (other than with respect to the appointment of CNHICA, as subservicer, with respect to the Receivables)therewith; and provided provided, further, that the Servicer shall remain obligated and be liable to the Issuing Entity, the Owner Trustee, the Indenture Trustee, the Certificateholders and the Noteholders for the servicing and administering of the Receivables in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Receivables. The fees and expenses of any the subservicer shall be as agreed between the Servicer and such its subservicer from time to time time, and none of the Issuing Entity, the Owner Trustee, the Indenture Trustee, the Certificateholders or the Noteholders shall have any responsibility therefor.. The Servicer shall give the Indenture Trustee written notice of any subservicer appointed hereunder,

Appears in 38 contracts

Samples: Sale and Servicing Agreement (World Omni Auto Receivables Trust 2016-A), Sale and Servicing Agreement (World Omni Auto Receivables Trust 2016-A), Sale and Servicing Agreement (World Omni Auto Receivables LLC)

Appointment of Subservicer. The Servicer may at any time appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that the Rating Agency Condition shall have been satisfied in connection therewith (other than with respect to the appointment of CNHICACNHCA, as subservicer, with respect to the Receivables); and provided further, that the Servicer shall remain obligated and be liable to the Issuing Entity, the Trustee, the Indenture Trustee, the Certificateholders and the Noteholders for the servicing and administering of the Receivables in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Receivables. The fees and expenses of any subservicer shall be as agreed between the Servicer and such subservicer from time to time and none of the Issuing Entity, the Trustee, the Indenture Trustee, the Certificateholders or the Noteholders shall have any responsibility therefor.

Appears in 22 contracts

Samples: Sale and Servicing Agreement (CNH Equipment Trust 2014-A), Sale and Servicing Agreement (CNH Equipment Trust 2014-A), Sale and Servicing Agreement (CNH Equipment Trust 2013-D)

Appointment of Subservicer. The Servicer may at any time appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that the Rating Agency Condition shall have been satisfied in connection therewith (other than with respect to the appointment of CNHICACNHCA, as subservicer, with respect to the Receivables); and provided further, that the Servicer shall remain obligated and be liable to the Issuing Entity, the Trustee, the Indenture Trustee, the Certificateholders and the Noteholders for the servicing and administering of the Receivables in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Receivables. The fees and expenses of any subservicer shall be as agreed between the Servicer and such subservicer from time to time and none of the Issuing Entity, the Trustee, the Indenture Trustee, the Certificateholders or the Noteholders shall have any responsibility therefor. Notwithstanding the foregoing, the Backup Servicer as Successor Servicer shall have the right to terminate any prior or existing subservicing arrangement with or without cause.

Appears in 9 contracts

Samples: Sale and Servicing Agreement (CNH Equipment Trust 2011-A), Sale and Servicing Agreement (CNH Equipment Trust 2011-A), Sale and Servicing Agreement (CNH Equipment Trust 2010-C)

Appointment of Subservicer. The Servicer may at any time appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that the Rating Agency Condition shall have been satisfied in connection therewith (other than with respect to the appointment of CNHICANH Credit, as subservicer, with respect to the NH Receivables); and provided further, that the Servicer shall remain obligated and be liable to the Issuing EntityIssuer, the Trustee, the Indenture Trustee, the Certificateholders and the Noteholders for the servicing and administering of the Receivables in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Receivables. The fees and expenses of any the subservicer shall be as agreed between the Servicer and such its subservicer from time to time and none of the Issuing EntityIssuer, the Trustee, the Indenture Trustee, the Certificateholders or the Noteholders shall have any responsibility therefor.

Appears in 6 contracts

Samples: Sale and Servicing Agreement (CNH Capital Receivables Inc), Sale and Servicing Agreement (CNH Capital Receivables Inc), Sale and Servicing Agreement (CNH Capital Receivables Inc)

Appointment of Subservicer. The Servicer may at any time appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that the Rating Agency Condition shall have been satisfied in connection therewith (other than with respect to the appointment of CNHICACNHCA, as subservicer, with respect to the Receivables); and provided further, that the Servicer shall remain obligated and be liable to the Issuing Entity, the Trustee, the Indenture Trustee, the Counterparties, the Certificateholders and the Noteholders for the servicing and administering of the Receivables in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Receivables. The fees and expenses of any subservicer shall be as agreed between the Servicer and such subservicer from time to time and none of the Issuing Entity, the Trustee, the Indenture Trustee, the Counterparties, the Certificateholders or the Noteholders shall have any responsibility therefor. Notwithstanding the foregoing, the Backup Servicer as Successor Servicer shall have the right to terminate any prior or existing subservicing arrangement with or without cause.

Appears in 6 contracts

Samples: Sale and Servicing Agreement (CNH Capital Receivables LLC), Sale and Servicing Agreement (CNH Capital Receivables LLC), Sale and Servicing Agreement (CNH Capital Receivables LLC)

Appointment of Subservicer. The Servicer may at any time appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that the Rating Agency Condition shall have been satisfied in connection therewith (other than with respect to the appointment of CNHICA, as subservicer, with respect to the Receivables)therewith; and provided provided, further, that the Servicer shall remain obligated and be liable to the Issuing EntityIssuer, the Backup Servicer, the Owner Trustee, the Indenture Trustee, the Certificateholders and the Noteholders for the servicing and administering of the Receivables in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Receivables. The fees and expenses of any the subservicer shall be as agreed between the Servicer and such its subservicer from time to time time, and none of the Issuing EntityIssuer, the Backup Servicer, the Owner Trustee, the Indenture Trustee, the Certificateholders or the Noteholders shall have any responsibility therefor.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (Chrysler Financial Auto Securitization Trust 2010-A), Sale and Servicing Agreement (Chrysler Financial Auto Securitization Trust 2009-B), Form of Sale and Servicing Agreement (Chrysler Financial Services Americas LLC)

Appointment of Subservicer. The Servicer may at any time appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that the Rating Agency Condition shall have been satisfied in connection therewith (other than with respect to the appointment of CNHICA, as subservicer, with respect to the Receivables); and provided further, that the Servicer shall remain obligated and be liable to the Issuing Entity, the Trustee, the Indenture Trustee, [the Counterparties,] the Certificateholders and the Noteholders for the servicing and administering of the Receivables in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Receivables. The fees and expenses of any subservicer shall be as agreed between the Servicer and such subservicer from time to time and none of the Issuing Entity, the Trustee, the Indenture Trustee, [the Counterparties,] the Certificateholders or the Noteholders shall have any responsibility therefor.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (CNH Capital Receivables LLC), Sale and Servicing Agreement (CNH Capital Receivables LLC), Sale and Servicing Agreement (CNH Capital Receivables LLC)

Appointment of Subservicer. The Servicer may at any time appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that 10 days' prior notice of such appointment shall have been given to each Rating Agency, and each Rating Agency shall have notified the Servicer, the Owner Trustee and the Indenture Trustee in writing that such appointment satisfies the Rating Agency Condition shall have been satisfied in connection therewith (other than with respect to the appointment of CNHICA, as subservicer, with respect to the Receivables)Condition; and provided further, that the Servicer shall remain obligated and be liable to the Issuing Entity, the Owner Trustee, the Indenture Trustee, the Certificateholders Trustee and the Noteholders Securityholders for the servicing and administering of the Receivables in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Receivables. The fees and expenses of any subservicer shall be as agreed between the Servicer and such subservicer from time to time time, and none of the Issuing Entity, the Owner Trustee, the Indenture Trustee, the Certificateholders Issuer or the Noteholders Securityholders shall have any responsibility therefor.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (Hyundai Abs Funding Corp), Sale and Servicing Agreement (Hyundai Abs Funding Corp), Sale and Servicing Agreement (Hyundai Abs Funding Corp)

Appointment of Subservicer. (a) The Servicer may at any time appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, other than with respect to the appointment of the Subservicer pursuant to clause (b) below, that the Rating Agency Condition shall have been satisfied in connection therewith (other than with respect to the appointment of CNHICA, as subservicer, with respect to the Receivables)therewith; and provided provided, further, that the Servicer shall remain obligated and be liable to the Issuing EntityIssuer, the Eligible Lender Trustee, the Indenture Trustee, the Certificateholders Trustee and the Noteholders for the servicing and administering of the Receivables Financed Student Loans in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the ReceivablesFinanced Student Loans. The fees and expenses of any the subservicer shall be as agreed between the Servicer and such its subservicer from time to time and none of the Issuing EntityIssuer, the Eligible Lender Trustee, the Indenture Trustee, the Certificateholders Trustee or the Noteholders shall have any responsibility therefor., and

Appears in 3 contracts

Samples: Servicing Agreement (Gs Mortgage Securities Corp), Servicing Agreement (Goldman Sachs Asset Backed Securities Corp), SMS Student Loan Trust 2000-B

Appointment of Subservicer. The Servicer may at any time -------------------------- appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that the Rating Agency Condition shall have been satisfied in connection therewith (other than with respect to the appointment of CNHICA, as subservicer, with respect to the Receivables)therewith; and provided provided, further, that the Servicer shall remain obligated and be liable to the Issuing EntityIssuer, the Owner Trustee, the Indenture Trustee, the Certificateholders and the Noteholders for the servicing and administering of the Receivables in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Receivables. The fees and expenses of any the subservicer shall be as agreed between the Servicer and such its subservicer from time to time time, and none of the Issuing EntityIssuer, the Owner Trustee, the Indenture Trustee, the Certificateholders or the Noteholders shall have any responsibility therefor.

Appears in 2 contracts

Samples: Form of Sale and Servicing Agreement (Morgan Stanley Abs Capital Ii Inc), Sale and Servicing Agreement (Asset Backed Securities Corp)

Appointment of Subservicer. The Servicer may at any time appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that 10 days' prior notice of such appointment shall have been given to each Rating Agency and each Rating Agency shall have notified the Servicer, the Owner Trustee and the Indenture Trustee in writing that such appointment satisfies the Rating Agency Condition shall have been satisfied in connection therewith (other than with respect to the appointment of CNHICA, as subservicer, with respect to the Receivables)Condition; and provided further, however, that the Servicer shall remain obligated and be liable to the Issuing Entity, the Owner Trustee, the Indenture Trustee, the Certificateholders Trustee and the Noteholders Securityholders for the servicing and administering of the Receivables in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Receivables. The fees and expenses of any subservicer shall be as agreed between the Servicer and such subservicer from time to time time, and none of the Issuing Entity, the Owner Trustee, the Indenture Trustee, the Certificateholders Bond Administrator, the Issuer or the Noteholders shall have any responsibility therefor.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (SSB Vehicle Securities Inc SSB Auto Loan Trust 2002-1), Sale and Servicing Agreement (SSB Vehicle Securities Inc SSB Auto Loan Trust 2002-1)

Appointment of Subservicer. The Servicer may at any time appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that the Rating Agency Condition shall have been satisfied in connection therewith (other than with respect to the appointment of CNHICANH Credit, as subservicer, with respect to the NH Receivables); and provided further, that the Servicer shall remain obligated and be liable to the Issuing EntityIssuer, the Trustee, the Indenture Trustee, the Certificateholders and the Noteholders for the servicing and administering of the Receivables in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Receivables. The fees and expenses of any subservicer shall be as agreed between the Servicer and such subservicer from time to time and none of the Issuing EntityIssuer, the Trustee, the Indenture Trustee, the Certificateholders or the Noteholders shall have any responsibility therefor.

Appears in 1 contract

Samples: Sale and Servicing Agreement (CNH Capital Receivables Inc)

Appointment of Subservicer. The Servicer may at any time appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that the Rating Agency Condition shall have been satisfied in connection therewith (other than with respect to the appointment of CNHICACNHCA, as subservicer, with respect to the CNHCA Receivables); and provided further, that the Servicer shall remain obligated and be liable to the Issuing EntityIssuer, the Trustee, the Indenture Trustee, the Certificateholders and the Noteholders for the servicing and administering of the Receivables in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Receivables. The fees and expenses of any subservicer shall be as agreed between the Servicer and such subservicer from time to time and none of the Issuing EntityIssuer, the Trustee, the Indenture Trustee, the Certificateholders or the Noteholders shall have any responsibility therefor. Notwithstanding the foregoing, the Backup Servicer as Successor Servicer shall have the right to terminate any prior or existing subservicing arrangement with or without cause.

Appears in 1 contract

Samples: Sale and Servicing Agreement (CNH Equipment Trust 2005-B)

Appointment of Subservicer. The Servicer may at any time appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that the Rating Agency Condition shall have been satisfied in connection therewith (other than with respect to the appointment of CNHICACNHCA, as subservicer, with respect to the Receivables); and provided further, that the Servicer shall remain obligated and be liable to the Issuing Entity, the Trustee, the Indenture Trustee, [the Counterparties,] the Certificateholders and the Noteholders for the servicing and administering of the Receivables in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Receivables. The fees and expenses of any subservicer shall be as agreed between the Servicer and such subservicer from time to time and none of the Issuing Entity, the Trustee, the Indenture Trustee, [the Counterparties,] the Certificateholders or the Noteholders shall have any responsibility therefor. [Notwithstanding the foregoing, the Backup Servicer as Successor Servicer shall have the right to terminate any prior or existing subservicing arrangement with or without cause.]

Appears in 1 contract

Samples: Sale and Servicing Agreement (CNH Capital Receivables LLC)

Appointment of Subservicer. The Servicer may at any time appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that 10 days’ prior notice of such appointment shall have been given to each Rating Agency, and each Rating Agency shall have notified the Servicer, the Owner Trustee and the Indenture Trustee in writing that such appointment satisfies the Rating Agency Condition shall have been satisfied in connection therewith (other than with respect to the appointment of CNHICA, as subservicer, with respect to the Receivables)Condition; and provided further, that the Servicer shall remain obligated and be liable to the Issuing Entity, the Owner Trustee, the Indenture Trustee, the Certificateholders Trustee and the Noteholders Securityholders for the servicing and administering of the Receivables in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Receivables. The fees and expenses of any subservicer shall be as agreed between the Servicer and such subservicer from time to time time, and none of the Issuing Entity, the Owner Trustee, the Indenture Trustee, the Certificateholders Issuer or the Noteholders Securityholders shall have any responsibility therefor.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Hyundai Abs Funding Corp)

Appointment of Subservicer. The Each Servicer may at any time time, upon the written consent of the Administrator, appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that the Rating Agency Condition shall have been satisfied in connection therewith (other than with respect to the appointment of CNHICA, as subservicer, with respect to the Receivables)therewith; and provided further, further that the each Servicer shall remain obligated and be liable to the Issuing EntityIssuer, the Eligible Lender Trustee, the Indenture Trustee, the Certificateholders holders of Certificates and the Noteholders holders of Notes for the servicing and administering of the Receivables Financed Student Loans it services, as specified on Schedules A and B hereto in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the ReceivablesFinanced Student Loans it services. The fees and expenses of any the subservicer shall be as agreed between the applicable Servicer and such its subservicer from time to time and none of the Issuing EntityIssuer, the Eligible Lender Trustee, the Indenture Trustee, the Certificateholders holders of Certificates or the Noteholders holders of Notes shall have any responsibility therefor.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Key Bank Usa National Association)

Appointment of Subservicer. The Servicer may at any time appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that the Rating Agency Condition shall have been satisfied in connection therewith (other than with respect to the appointment of CNHICANH Credit, as subservicer, with respect to the NH Receivables); and provided further, that the Servicer shall remain obligated and be liable to the Issuing EntityIssuer, the Trustee, the Indenture Trustee, Trustee the Certificateholders and the Noteholders for the servicing and administering of the Receivables in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Receivables. The fees and expenses of any the subservicer shall be as agreed between the Servicer and such its subservicer from time to time and none of the Issuing EntityIssuer, the Trustee, the Indenture Trustee, the Certificateholders or the Noteholders shall have any responsibility therefor.

Appears in 1 contract

Samples: Sale and Servicing Agreement (CNH Capital Receivables Inc)

Appointment of Subservicer. (a) The Servicer may at any time appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; providedPROVIDED, howeverHOWEVER, other than with respect to the appointment of the Subservicer pursuant to clause (b) below, that the Rating Agency Condition shall have been satisfied in connection therewith (other than with respect to the appointment of CNHICA, as subservicer, with respect to the Receivables)therewith; and provided furtherPROVIDED, FURTHER, that the Servicer shall remain obligated and be liable to the Issuing EntityIssuer, the Eligible Lender Trustee, the Indenture Trustee, the Certificateholders Trustee and the Noteholders for the servicing and administering of the Receivables Financed Student Loans in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the ReceivablesFinanced Student Loans. The fees and expenses of any the subservicer shall be as agreed between the Servicer and such its subservicer from time to time and none of the Issuing EntityIssuer, the Eligible Lender Trustee, the Indenture Trustee, the Certificateholders Trustee or the Noteholders shall have any responsibility therefor., and

Appears in 1 contract

Samples: Asset Backed Securities Corp

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Appointment of Subservicer. The Servicer may at any time appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that (i) the Rating Agency Condition Administrative Agent shall have been satisfied approved such appointment in connection therewith writing; (other than with respect to the appointment of CNHICA, as subservicer, with respect to the Receivables); and provided further, that ii) the Servicer shall remain obligated and be liable to the Issuing Entity, the Trustee, the Indenture Trustee, the Certificateholders Borrower and the Noteholders Administrative Agent for the servicing and administering of the Receivables Medallion Loans in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the ReceivablesMedallion Loans; and (iii) the agreement with the subservicer provides that it may be terminated by any successor servicer if the Servicer that had entered into such subservicing agreement is terminated as Servicer hereunder. The fees and expenses of any the subservicer shall be as agreed between the Servicer and such its subservicer from time to time and none neither of the Issuing Entity, the Trustee, the Indenture Trustee, the Certificateholders or the Noteholders Borrower nor any Secured Party shall have any responsibility therefor.

Appears in 1 contract

Samples: Servicing Agreement (Medallion Financial Corp)

Appointment of Subservicer. The Servicer may at any time appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that the Rating Agency Condition shall have been satisfied in connection therewith (other than with respect to the appointment of CNHICA, as subservicer, with respect to the Receivables); and provided further, that the Servicer shall remain obligated and be liable to the Issuing Entity, the Trustee, the Indenture Trustee, [the Counterparties,] the Certificateholders and the Noteholders for the servicing and administering of the Receivables in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Receivables. The fees and expenses of any subservicer shall be as agreed between the Servicer and such subservicer from time to time and none of the Issuing Entity, the Trustee, the Indenture Trustee, [the Counterparties,] the Certificateholders or the Noteholders shall have any responsibility therefor. [Notwithstanding the foregoing, the Backup Servicer as Successor Servicer shall have the right to terminate any prior or existing subservicing arrangement with or without cause.]

Appears in 1 contract

Samples: Sale and Servicing Agreement (CNH Capital Receivables LLC)

Appointment of Subservicer. The Servicer may at any time appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that the Rating Agency Condition shall have been satisfied in connection therewith (other than with respect to the appointment of CNHICACNHCA, as subservicer, with respect to the CNHCA Receivables); and provided further, that the Servicer shall remain obligated and be liable to the Issuing Entity, the Trustee, the Indenture Trustee, the Certificateholders and the Noteholders for the servicing and administering of the Receivables in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Receivables. The fees and expenses of any subservicer shall be as agreed between the Servicer and such subservicer from time to time and none of the Issuing Entity, the Trustee, the Indenture Trustee, the Certificateholders or the Noteholders shall have any responsibility therefor. Notwithstanding the foregoing, the Backup Servicer as Successor Servicer shall have the right to terminate any prior or existing subservicing arrangement with or without cause.

Appears in 1 contract

Samples: Sale and Servicing Agreement (CNH Capital Receivables LLC)

Appointment of Subservicer. The Servicer may at any time appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that the Rating Agency Condition shall have been satisfied in connection therewith (other than with respect to the appointment of CNHICANH Credit, as subservicer, with respect to the NH Receivables); and provided further, that the Servicer shall remain obligated and be liable to the Issuing EntityIssuer, the Trustee, the Indenture Trustee, the Certificateholders and the Noteholders for the servicing and administering of the Receivables in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Receivables. The fees and expenses of any subservicer shall be as agreed between the Servicer and such subservicer from time to time and none of the Issuing EntityIssuer, the Trustee, the Indenture Trustee, the Certificateholders or the Noteholders shall have any responsibility therefor. `Notwithstanding the foregoing, the Backup Servicer as successor Servicer shall have the right to terminate any prior or existing subservicing arrangement with or without cause.

Appears in 1 contract

Samples: Sale and Servicing Agreement (CNH Equipment Trust 2003-B)

Appointment of Subservicer. The Servicer may at any time appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that 10 days' prior notice of such appointment shall have been given to each Rating Agency and each Rating Agency shall have notified the Servicer, the Owner Trustee and the Indenture Trustee in writing that such appointment satisfies the Rating Agency Condition shall have been satisfied in connection therewith (other than with respect to the appointment of CNHICA, as subservicer, with respect to the Receivables)Condition; and provided further, however, that the Servicer shall remain obligated and be liable to the Issuing Entity, the Owner Trustee, the Indenture Trustee, the Certificateholders Trustee and the Noteholders Securityholders for the servicing and administering of the Receivables in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Receivables. The fees and expenses of any subservicer shall be as agreed between the Servicer and such subservicer from time to time time, and none of the Issuing Entity, the Owner Trustee, the Indenture Trustee, the Certificateholders Issuer or the Noteholders Securityholders shall have any responsibility therefor.

Appears in 1 contract

Samples: Sale and Servicing Agreement (SSB Vehicle Sec Huntington Auto Trust 2000-A)

Appointment of Subservicer. The Servicer may at any time appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; providedPROVIDED, howeverHOWEVER, that the Rating Agency Condition shall have been satisfied in connection therewith (other than with respect to the appointment of CNHICANH Credit, as subservicer, with respect to the NH Receivables); and provided furtherPROVIDED FURTHER, that the Servicer shall remain obligated and be liable to the Issuing EntityIssuer, the Trustee, the Indenture Trustee, Trustee the Certificateholders and the Noteholders for the servicing and administering of the Receivables in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Receivables. The fees and expenses of any the subservicer shall be as agreed between the Servicer and such its subservicer from time to time and none of the Issuing EntityIssuer, the Trustee, the Indenture Trustee, the Certificateholders or the Noteholders shall have any responsibility therefor.

Appears in 1 contract

Samples: Sale and Servicing Agreement (CNH Receivables Inc)

Appointment of Subservicer. The Servicer may at any time appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; providedPROVIDED, howeverHOWEVER, that the Rating Agency Condition shall have been satisfied in connection therewith (other than with respect to the appointment of CNHICA, as subservicer, with respect to the Receivables)therewith; and provided further, PROVIDED FURTHER that the Servicer shall remain obligated and be liable to the Issuing EntityIssuer, the Eligible Lender Trustee, the Indenture Trustee, the Certificateholders Trustee and the Noteholders for the servicing and administering of the Receivables Financed Student Loans in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the ReceivablesFinanced Student Loans. The fees and expenses of any the subservicer shall be as agreed between the Servicer and such its subservicer from time to time and none of the Issuing EntityIssuer, the Eligible Lender Trustee, the Indenture Trustee, the Certificateholders Trustee or the Noteholders shall have any responsibility therefor.

Appears in 1 contract

Samples: Servicing Agreement (Usa Group Secondary Market Services Inc)

Appointment of Subservicer. The Servicer may at any time appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that the Rating Agency Condition shall have been satisfied in connection therewith (other than with respect to the appointment of CNHICANH Credit, as subservicer, with respect to the NH Receivables); and provided further, that the Servicer shall remain obligated and be liable to the Issuing EntityIssuer, the Trustee, the Indenture Trustee, the Certificateholders and the Noteholders for the servicing and administering of the Receivables in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Receivables. The fees and expenses of any subservicer shall be as agreed between the Servicer and such subservicer from time to time and none of the Issuing EntityIssuer, the Trustee, the Indenture Trustee, the Certificateholders or the Noteholders shall have any responsibility therefor. Notwithstanding the foregoing, the Backup Servicer as Successor Servicer shall have the right to terminate any prior or existing subservicing arrangement with or without cause.

Appears in 1 contract

Samples: Sale and Servicing Agreement (CNH Equipment Trust 2005-A)

Appointment of Subservicer. The Servicer may at any -------------------------- time appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that the Rating Agency Condition shall -------- ------- have been satisfied in connection therewith (other than with respect to the appointment of CNHICA, as subservicer, with respect to the Receivables)therewith; and provided further, further that the Servicer -------- ------- shall remain obligated and be liable to the Issuing EntityIssuer, the Owner Trustee, the Indenture Trustee, the Certificateholders and the Noteholders for the servicing and administering of the Receivables Home Equity Loans in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the ReceivablesHome Equity Loans. The fees and expenses of any the subservicer shall be as agreed between the Servicer and such its subservicer from time to time and none of the Issuing EntityIssuer, the Owner Trustee, the Indenture Trustee, the Certificateholders or the Noteholders shall have any responsibility therefor.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)

Appointment of Subservicer. The Servicer may at any time appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that the Rating Agency Condition shall have been satisfied in connection therewith (other than with respect to the appointment of CNHICA, as subservicer, with respect to the Receivables)therewith; and provided further, that the Servicer shall remain obligated and be liable to the Issuing EntityIssuer, the Trustee, the Indenture Trustee, the Certificateholders Class B Agent, the Certificateholders, the Class B Noteholders and the Indenture Noteholders for the servicing and administering of the Receivables in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Receivables. The fees and expenses of any the subservicer shall be as agreed between the Servicer and such its subservicer from time to time and none of the Issuing EntityIssuer, the Trustee, the Class B Agent, the Indenture Trustee, the Certificateholders Certificateholders, the Class B Noteholders or the Indenture Noteholders shall have any responsibility therefor.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Case Receivables Ii Inc)

Appointment of Subservicer. The Servicer may at any time appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; providedPROVIDED, howeverHOWEVER, that the Rating Agency Condition shall have been satisfied in connection therewith (other than with respect to the appointment of CNHICANH Credit, as subservicer, with respect to the NH Receivables); and provided furtherAND PROVIDED FURTHER, that the Servicer shall remain obligated and be liable to the Issuing EntityIssuer, the Trustee, the Indenture Trustee, the Certificateholders and the Noteholders for the servicing and administering of the Receivables in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Receivables. The fees and expenses of any the subservicer shall be as agreed between the Servicer and such its subservicer from time to time and none of the Issuing EntityIssuer, the Trustee, the Indenture Trustee, the Certificateholders or the Noteholders shall have any responsibility therefor.

Appears in 1 contract

Samples: Sale and Servicing Agreement (CNH Capital Receivables Inc)

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