Common use of Appointment of Subservicer Clause in Contracts

Appointment of Subservicer. The Servicer may at any 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 any applicable Rating Agency Condition shall have been satisfied in connection therewith; provided, further, that the Servicer shall remain obligated and be liable to the Issuer, the Eligible Lender Trustee, the Indenture Trustee and the Noteholders for the servicing and administering of the Trust 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 Trust Student Loans. The fees and expenses of the subservicer shall be as agreed between the Servicer and its subservicer from time to time and none of the Issuer, the Eligible Lender Trustee, the Indenture Trustee or the Noteholders shall have any responsibility therefor. With respect to satisfying the Rating Agency Condition referred to above, the term “subservicer” shall be deemed not to include systems providers, systems developers or systems maintenance contractors, collection agencies, credit bureaus, lock box providers, mail service providers and other similar types of service providers.

Appears in 12 contracts

Samples: Servicing Agreement (SLM Funding LLC), Servicing Agreement (SLM Student Loan Trust 2005-8), Servicing Agreement (SLM Student Loan Trust 2005-9)

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Appointment of Subservicer. The Servicer may at any 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 any applicable Rating Agency Condition shall have been satisfied in connection therewith; provided, further, provided further that the Servicer shall remain obligated and be liable to the Issuer, the Eligible Lender Trustee, the Indenture Trustee and the Noteholders for the servicing and administering of the Trust 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 Trust Student Loans. The fees and expenses of the subservicer shall be as agreed between the Servicer and its subservicer from time to time and none of the Issuer, the Eligible Lender Trustee, the Indenture Trustee or the Noteholders shall have any responsibility therefor. With respect to satisfying the Rating Agency Condition referred to above, the term "subservicer" shall be deemed not to include systems providers, systems developers or systems maintenance contractors, collection agencies, credit bureaus, lock box providers, mail service providers and other similar types of service providers.

Appears in 9 contracts

Samples: Servicing Agreement (SLM Funding Corp), Servicing Agreement (SLM Funding Corp), Servicing Agreement (SLM Funding LLC)

Appointment of Subservicer. The Servicer may at any time, upon the written consent of the Administrator, appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; providedPROVIDED, howeverHOWEVER, that any applicable Rating Agency Condition shall have been satisfied in connection therewith; provided, further, PROVIDED FURTHER that the Servicer shall remain obligated and be liable to the Issuer, the Eligible Lender Trustee, the Indenture Trustee and the Noteholders for the servicing and administering of the Trust 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 Trust Student Loans. The fees and expenses of the subservicer shall be as agreed between the Servicer and its subservicer from time to time and none of the Issuer, the Eligible Lender Trustee, the Indenture Trustee or the Noteholders shall have any responsibility therefor. With respect to satisfying the Rating Agency Condition referred to above, the term "subservicer" shall be deemed not to include systems providers, systems developers or systems maintenance contractors, collection agencies, credit bureaus, lock box providers, mail service providers and other similar types of service providers.

Appears in 7 contracts

Samples: Servicing Agreement (SLM Funding Corp), Servicing Agreement (SLM Funding LLC), Servicing Agreement (SLM Funding Corp)

Appointment of Subservicer. The Servicer may at any 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 any applicable Rating Agency Condition shall have been satisfied in connection therewith; provided, further, provided further that the Servicer shall remain obligated and be liable to the Issuer, the Eligible Lender Trustee, the Indenture Trustee Trustee, the Certificateholders and the Noteholders for the servicing and administering of the Trust 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 Trust Student Loans. The fees and expenses of the subservicer shall be as agreed between the Servicer and its subservicer from time to time and none of the Issuer, the Eligible Lender Trustee, the Indenture Trustee Trustee, the Certificateholders or the Noteholders shall have any responsibility therefor. With respect to satisfying the Rating Agency Condition referred to above, the term "subservicer" shall be deemed not to include systems providers, systems developers or systems maintenance contractors, collection agencies, credit bureaus, lock box providers, mail service providers and other similar types of service providers.

Appears in 7 contracts

Samples: Servicing Agreement (SLM Funding Corp), Servicing Agreement (SLM Funding Corp), Servicing Agreement (SLM Funding Corp)

Appointment of Subservicer. The Servicer may at any 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 any applicable Rating Agency Condition shall have been satisfied in connection therewith; provided, further, that the Servicer shall remain obligated and be liable to the Issuer, the Eligible Lender Trustee, the Indenture Trustee and the Noteholders for the servicing and administering of the Trust 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 Trust Student Loans. The fees and expenses of the subservicer shall be as agreed between the Servicer and its subservicer from time to time and none of the Issuer, the Eligible Lender Trustee, the Indenture Trustee or the Noteholders shall have any responsibility therefor. With respect to satisfying the Rating Agency Condition referred to above, the term "subservicer" shall be deemed not to include systems providers, systems developers or systems maintenance contractors, collection agencies, credit bureaus, lock box providers, mail service providers and other similar types of service providers.

Appears in 7 contracts

Samples: Servicing Agreement (SLM Funding LLC), Servicing Agreement (SLM Funding LLC), Servicing Agreement (SLM Funding LLC)

Appointment of Subservicer. The Servicer may at any 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 any applicable Rating Agency Condition shall have been satisfied in connection therewith; provided, further, provided further that the Servicer shall remain obligated and be liable to the Issuer, the Eligible Lender Trustee, the Indenture Trustee and the Noteholders for the servicing and administering of the Trust 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 Trust Student Loans. The preceding Rating Agency Conditions shall be deemed to be satisfied with respect to HEMAR Insurance Corporation of America, as a subservicer. The fees and expenses of the subservicer shall be as agreed between the Servicer and its subservicer from time to time and none of the Issuer, the Eligible Lender Trustee, the Indenture Trustee or the Noteholders shall have any responsibility therefor. With respect to satisfying the Rating Agency Condition referred to above, the term "subservicer" shall be deemed not to include systems providers, systems developers or systems maintenance contractors, collection agencies, credit bureaus, lock box providers, mail service providers and other similar types of service providers.

Appears in 6 contracts

Samples: Servicing Agreement (SLM Education Credit Funding LLC), Servicing Agreement (SLM Education Credit Funding LLC), Servicing Agreement (SLM Education Credit Funding LLC)

Appointment of Subservicer. The Servicer may at any time, upon the written consent of the Administrator, time appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that any applicable the Rating Agency Condition shall have been satisfied in connection therewith; and provided, further, that the Servicer shall remain obligated and be liable to the Issuer, the Eligible Lender Owner Trustee, the Indenture Trustee Trustee, the Certificateholders and the Noteholders for the servicing and administering of the Trust Student Loans 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 Trust Student LoansReceivables. The fees and expenses of the subservicer shall be as agreed between the Servicer and its subservicer from time to time time, and none of the Issuer, the Eligible Lender Owner Trustee, the Indenture Trustee Trustee, the Certificateholders or the Noteholders shall have any responsibility therefor. With respect to satisfying The Servicer shall give the Rating Agency Condition referred to above, the term “subservicer” shall be deemed not to include systems providers, systems developers or systems maintenance contractors, collection agencies, credit bureaus, lock box providers, mail service providers and other similar types Indenture Trustee written notice of service providers.any subservicer appointed hereunder,

Appears in 6 contracts

Samples: Sale and Servicing Agreement (World Omni Auto Receivables LLC), Sale and Servicing Agreement (World Omni Auto Receivables LLC), Sale and Servicing Agreement (World Omni Auto Receivables Trust 2005-A)

Appointment of Subservicer. A. The Servicer may at any 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 any applicable Rating Agency Condition shall have been satisfied in connection therewith; provided, further, that the Servicer shall remain obligated and be liable to the Issuer, the Eligible Lender Owner Trustee, the Indenture Administrator, the Indenture Trustee and the Noteholders for the servicing and administering of the Trust 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 Trust Student Loans. The fees and expenses of the subservicer shall be as agreed between the Servicer and its subservicer from time to time and none of the Issuer, the Eligible Lender Owner Trustee, the Indenture Administrator, the Indenture Trustee or the Noteholders shall have any responsibility therefor. With respect to satisfying the Rating Agency Condition referred to above, the term “subservicer” shall be deemed not to include systems providers, systems developers or systems maintenance contractors, collection agencies, credit bureaus, lock box providers, mail service providers and other similar types of service providers.

Appears in 6 contracts

Samples: Servicing Agreement (SLC Student Loan Trust 2008-2), Servicing Agreement (SLC Student Loan Trust 2008-1), Servicing Agreement (SLC Student Loan Trust 2007-1)

Appointment of Subservicer. The Servicer may at any 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 any applicable Rating Agency Condition shall have been satisfied in connection therewith; provided, further, that the Servicer shall remain obligated and be liable to the Issuer, the Eligible Lender Owner Trustee, the Indenture Administrator, the Indenture Trustee and the Noteholders for the servicing and administering of the Trust 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 Trust Student Loans. The fees and expenses of the subservicer shall be as agreed between the Servicer and its subservicer from time to time and none of the Issuer, the Eligible Lender Owner Trustee, the Indenture Administrator, the Indenture Trustee or the Noteholders shall have any responsibility therefor. With respect to satisfying the Rating Agency Condition referred to above, the term "subservicer" shall be deemed not to include systems providers, systems developers or systems maintenance contractors, collection agencies, credit bureaus, lock box providers, mail service providers and other similar types of service providers.

Appears in 5 contracts

Samples: Servicing Agreement (SLC Student Loan Trust 2005-2), Servicing Agreement (SLC Student Loan Receivables I Inc), Servicing Agreement (SLC Student Loan Trust 2005-3)

Appointment of Subservicer. The Servicer may at any 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 -------- ------- any applicable Rating Agency Condition shall have been satisfied in connection therewith; provided, further, provided further that the Servicer shall remain obligated and be ---------------- liable to the Issuer, the Eligible Lender Trustee, the Indenture Trustee and the Noteholders for the servicing and administering of the Trust 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 Trust Student Loans. The fees and expenses of the subservicer shall be as agreed between the Servicer and its subservicer from time to time and none of the Issuer, the Eligible Lender Trustee, the Indenture Trustee or the Noteholders shall have any responsibility therefor. With respect to satisfying the Rating Agency Condition referred to above, the term "subservicer" shall be deemed not to include systems providers, systems developers or systems maintenance contractors, collection agencies, credit bureaus, lock box providers, mail service providers and other similar types of service providers.

Appears in 4 contracts

Samples: Servicing Agreement (SLM Funding Corp), Servicing Agreement (SLM Funding Corp), Servicing Agreement (SLM Funding Corp)

Appointment of Subservicer. The Servicer may at any time, upon the written consent of the Administrator, time appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; providedPROVIDED, howeverHOWEVER, that any applicable the Rating Agency Condition shall have been satisfied in connection therewith; provided, further, PROVIDED FURTHER that the Servicer shall remain obligated and be liable to the Issuer, the Eligible Lender Owner Trustee, the Indenture Trustee Trustee, the Security Insurer, the Certificateholders and the Noteholders for the servicing and administering of the Trust Student Loans 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 Trust Student LoansReceivables. The fees and expenses of the subservicer shall be as agreed between the Servicer and its subservicer from time to time and none of the Issuer, the Eligible Lender Owner Trustee, the Indenture Trustee Trustee, the Security Insurer, the Certificateholders or the Noteholders shall have any responsibility therefor. With respect Any such subservicer shall perform its duties with the same standard of care applicable to satisfying the Rating Agency Condition referred Servicer pursuant to above, the term “subservicer” shall be deemed not to include systems providers, systems developers or systems maintenance contractors, collection agencies, credit bureaus, lock box providers, mail service providers and other similar types Section 4.1 of service providersthis Agreement.

Appears in 4 contracts

Samples: Sale and Servicing (TMS Auto Holdings Inc), Sale and Servicing (TMS Auto Holdings Inc), Sale and Servicing (TMS Auto Holdings Inc)

Appointment of Subservicer. The Each Master Servicer may at any time, upon the written consent of the AdministratorSurety Provider and with notice to the Rating Agencies, appoint a subservicer to perform all or any portion of its obligations as Master Servicer hereunderhereunder and under any Supplemental Sale and Servicing Agreement; providedPROVIDED, howeverHOWEVER, that any applicable Rating Agency Condition shall have been satisfied in connection therewith; provided, further, that the such Master Servicer shall remain obligated and be liable to the Issuer, the Eligible Lender Trustee, the Indenture Trustee Trustee, the Certificateholders, the Noteholders and the Noteholders Surety Provider for the servicing and administering of the Trust Financed Student Loans in accordance with the provisions hereof and of any Supplemental Sale and Servicing Agreements 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 such Master Servicer alone were servicing and administering the Trust Financed Student Loans. The Surety Provider may, pursuant to and in accordance with Section 4.08 of the Insurance Agreement, direct such Master Servicer, which shall act in accordance with such direction within a reasonable period of time after receipt thereof, to remove any subservicer. The fees and expenses of the subservicer shall be as agreed between the such Master Servicer and its subservicer from time to time and none of the Issuer, the Eligible Lender Trustee, the Indenture Trustee Trustee, the Certificateholders, the Noteholders or the Noteholders Surety Provider shall have any responsibility therefor. With respect to satisfying the Rating Agency Condition referred to above, the term “subservicer” shall be deemed not to include systems providers, systems developers or systems maintenance contractors, collection agencies, credit bureaus, lock box providers, mail service providers and other similar types of service providers.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Classnotes Inc), Sale and Servicing Agreement (Classnotes Inc), Second Supplemental Sale and Servicing Agreement (Classnotes Inc)

Appointment of Subservicer. A. The Servicer may at any 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 any applicable Rating Agency Condition shall have been satisfied in connection therewith; provided, further, that the Servicer shall remain obligated and be liable to the Issuer, the Eligible Lender Owner Trustee, the Indenture Administrator, the Indenture Trustee and the Noteholders for the servicing and administering of the Trust 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 Trust Student Loans. The fees and expenses of the subservicer shall be as agreed between the Servicer and its subservicer from time to time and none of the Issuer, the Eligible Lender Owner Trustee, the Indenture Administrator, the Indenture Trustee or the Noteholders shall have any responsibility therefor. With respect to satisfying the Rating Agency Condition referred to above, the term "subservicer" shall be deemed not to include systems providers, systems developers or systems maintenance contractors, collection agencies, credit bureaus, lock box providers, mail service providers and other similar types of service providers.

Appears in 3 contracts

Samples: Servicing Agreement (SLC Student Loan Trust 2006-1), Servicing Agreement (SLC Student Loan Trust 2006-2), SLC Student Loan Receivables I Inc

Appointment of Subservicer. The Servicer may at any 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 any applicable Rating Agency Condition shall have been satisfied in connection therewith; provided, further, provided further that the Servicer shall remain obligated and be liable to the Issuer, the Eligible Lender Trustee, the Indenture Trustee and the Noteholders for the servicing and administering of the Trust 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 Trust Student Loans. The fees and expenses of the subservicer shall be as agreed between the Servicer and its subservicer from time to time and none of the Issuer, the Eligible Lender Trustee, the Indenture Trustee or the Noteholders shall have any responsibility therefor. With respect to satisfying the Rating Agency Condition referred to above, the term “subservicer” shall be deemed not to include systems providers, systems developers or systems maintenance contractors, collection agencies, credit bureaus, lock box providers, mail service providers and other similar types of service providers.

Appears in 3 contracts

Samples: Servicing Agreement (SLM Funding LLC), Servicing Agreement (SLM Funding LLC), Servicing Agreement (SLM Funding LLC)

Appointment of Subservicer. A. The Servicer may at any time, upon the written consent of the Administrator, appoint a subservicer one or more subservicers to perform all or any portion of its obligations as Servicer hereunder; provided, however, that any applicable Rating Agency Notice Condition shall have been satisfied in connection therewith; provided, further, that the Servicer shall remain obligated and be liable to the Issuer, the Eligible Lender Owner Trustee, the Indenture Administrator, the Indenture Trustee and the Noteholders for the servicing and administering of the Trust Student Loans in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of any such subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Trust Student Loans. The fees and expenses of the a subservicer shall be as agreed between the Servicer and its such subservicer from time to time and none of the Issuer, the Eligible Lender Owner Trustee, the Indenture Administrator, the Indenture Trustee or the Noteholders shall have any responsibility therefor. With respect to satisfying the Rating Agency Notice Condition referred to above, the term “subservicer” shall be deemed not to include systems providers, systems developers or systems maintenance contractors, collection agencies, credit bureaus, lock box providers, mail service providers and other similar types of service providers.

Appears in 3 contracts

Samples: Servicing Agreement (SLC Student Loan Trust 2010-1), Servicing Agreement (SLC Student Loan Receivables I Inc), Servicing Agreement (SLC Student Loan Trust 2009-3)

Appointment of Subservicer. The Servicer may at any 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 -------- ------- any applicable Rating Agency Condition shall have been satisfied in connection therewith; provided, further, provided further that the Servicer shall remain obligated and be -------- ------- liable to the Issuer, the Eligible Lender Trustee, the Indenture Trustee and the Noteholders for the servicing and administering of the Trust 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 Trust Student Loans. The fees and expenses of the subservicer shall be as agreed between the Servicer and its subservicer from time to time and none of the Issuer, the Eligible Lender Trustee, the Indenture Trustee or the Noteholders shall have any responsibility therefor. With respect to satisfying the Rating Agency Condition referred to above, the term "subservicer" shall be deemed not to include systems providers, systems developers or systems maintenance contractors, collection agencies, credit bureaus, lock box providers, mail service providers and other similar types of service providers.

Appears in 2 contracts

Samples: Servicing Agreement (SLM Funding Corp), Servicing Agreement (SLM Funding Corp)

Appointment of Subservicer. The Servicer may at any 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 any applicable Rating Agency Condition shall have been satisfied in connection therewith; provided, further, provided further that the Servicer shall remain obligated and be liable to the Issuer, the Eligible Lender Trustee, the Indenture Trustee and the Noteholders for the servicing and administering of the Trust 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 Trust Student Loans. The preceding Rating Agency Conditions shall be deemed to be satisfied with respect to Pioneer Credit Recovery, Inc., General Revenue Corporation or any other Affiliate of the Servicer engaged in debt management operations, as a subservicer. The fees and expenses of the subservicer shall be as agreed between the Servicer and its subservicer from time to time and none of the Issuer, the Eligible Lender Trustee, the Indenture Trustee or the Noteholders shall have any responsibility therefor. With respect to satisfying the Rating Agency Condition referred to above, the term “subservicer” shall be deemed not to include systems providers, systems developers or systems maintenance contractors, collection agencies, credit bureaus, lock box providers, mail service providers and other similar types of service providers.

Appears in 2 contracts

Samples: Servicing Agreement (SLM Private Credit Student Loan Trust 2005-A), Servicing Agreement (SLM Private Credit Student Loan Trust 2005-B)

Appointment of Subservicer. The Servicer may at any 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 -------- ------- any applicable Rating Agency Condition shall have been satisfied in connection therewith; provided, further, provided further that the Servicer shall remain obligated and be ---------------- liable to the Issuer, the Eligible Lender Trustee, the Indenture Trustee Trustee, the Certificateholders and the Noteholders for the servicing and administering of the Trust 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 Trust Student Loans. The fees and expenses of the subservicer shall be as agreed between the Servicer and its subservicer from time to time and none of the Issuer, the Eligible Lender Trustee, the Indenture Trustee Trustee, the Certificateholders or the Noteholders shall have any responsibility therefor. With respect to satisfying the Rating Agency Condition referred to above, the term "subservicer" shall be deemed not to include systems providers, systems developers or systems maintenance contractors, collection agencies, credit bureaus, lock box providers, mail service providers and other similar types of service providers.

Appears in 2 contracts

Samples: Servicing Agreement (SLM Funding Corp), Servicing Agreement (SLM Funding Corp)

Appointment of Subservicer. The Servicer may at any time, upon the written consent of the Administrator, appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; providedPROVIDED, howeverHOWEVER, that any applicable Rating Agency Condition shall have been satisfied in connection therewith; provided, further, PROVIDED FURTHER that the Servicer shall remain obligated and be liable to the Issuer, the Eligible Lender Trustee, the Indenture Trustee Trustee, the Certificateholders and the Noteholders for the servicing and administering of the Trust 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 Trust Student Loans. The fees and expenses of the subservicer shall be as agreed between the Servicer and its subservicer from time to time and none of the Issuer, the Eligible Lender Trustee, the Indenture Trustee Trustee, the Certificateholders or the Noteholders shall have any responsibility therefor. With respect to satisfying the Rating Agency Condition referred to above, the term "subservicer" shall be deemed not to include systems providers, systems developers or systems maintenance contractors, collection agencies, credit bureaus, lock box providers, mail service providers and other similar types of service providers.

Appears in 2 contracts

Samples: Servicing Agreement (SLM Funding Corp), Servicing Agreement (SLM Funding Corp)

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Appointment of Subservicer. The Servicer may at any 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 -------- ------- any applicable Rating Agency Condition shall have been satisfied in connection therewith; provided, further, provided further that the Servicer shall remain obligated and be -------- ------- liable to the Issuer, the Eligible Lender Trustee, the Indenture Trustee and the Noteholders for the servicing and administering of the Trust 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 Trust Student Loans. The fees and expenses of the subservicer shall be as agreed between the Servicer and its subservicer from time to time and none of the Issuer, the Eligible Lender Trustee, the Indenture Trustee or the Noteholders shall have any responsibility therefor. With respect to satisfying the Rating Agency Condition referred to above, the term "subservicer" shall be deemed not to include systems providers, systems developers or systems maintenance contractors, collection agencies, credit bureaus, lock box providers, mail service providers and other similar types of service providers.

Appears in 1 contract

Samples: Servicing Agreement (SLM Funding Corp)

Appointment of Subservicer. The Servicer may at any time, upon the written consent of the Administrator, time appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that any applicable the Rating Agency Condition shall have been satisfied in connection therewith; and provided, further, that the Servicer shall remain obligated and be liable to the Issuer, the Eligible Lender Trustee, the Indenture Trustee Trustee, the Subordinate Note Insurer and the Noteholders for the servicing and administering of the Trust 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 Trust Financed Student Loans. The fees and expenses of the subservicer shall be as agreed between the Servicer and its subservicer from time to time and none of the Issuer, the Eligible Lender Trustee, the Indenture Trustee Trustee, the Subordinate Note Insurer or the Noteholders shall have any responsibility therefor. With respect to satisfying the Rating Agency Condition referred to above, the term “subservicer” shall be deemed not to include systems providers, systems developers or systems maintenance contractors, collection agencies, credit bureaus, lock box providers, mail service providers and other similar types of service providers.

Appears in 1 contract

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

Appointment of Subservicer. (a) The Servicer may at any time, upon time after the written consent execution of the Administrator, this Agreement appoint a subservicer to perform all or any portion of its obligations as Servicer hereunderhereunder if each Rating Agency has received reasonable advance notice of the Servicer’s intention to do so and has not notified the Servicer that such an appointment would or might result in the qualification, reduction or withdrawal of a rating then assigned by such rating Agency to any Class of Notes; provided, however, that any applicable Rating Agency Condition shall have been satisfied in connection therewith; provided, further, that the Servicer shall remain obligated and be liable to the Issuer, the Eligible Lender Owner Trustee, the Indenture Trustee Trustee, the Swap Counterparty], the Certificateholder and the Noteholders for the servicing and administering of the Trust Student Loans 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 Trust Student LoansReceivables. The Servicer has appointed such a subservicer to perform its [_____________]. The fees and expenses of the subservicer shall be as agreed between the Servicer and its subservicer from time to time time, and none of the Issuer, the Eligible Lender Owner Trustee, the Indenture Trustee Trustee, [the Swap Counterparty], the Certificateholder or the Noteholders shall have any responsibility therefor. With respect to satisfying the Rating Agency Condition referred to above, the term “subservicer” shall be deemed not to include systems providers, systems developers or systems maintenance contractors, collection agencies, credit bureaus, lock box providers, mail service providers and other similar types of service providers.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Toyota Auto Finance Receivables LLC)

Appointment of Subservicer. The Servicer may at any time, upon the written consent of the Administrator, time -------------------------- appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that any applicable the Rating Agency Condition shall have been satisfied in connection therewith; and provided, further, that the Servicer shall remain obligated and be liable to the Issuer, the Eligible Lender Owner Trustee, the Indenture Trustee Trustee, the Certificateholders and the Noteholders for the servicing and administering of the Trust Student Loans 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 Trust Student LoansReceivables. The fees and expenses of the subservicer shall be as agreed between the Servicer and its subservicer from time to time time, and none of the Issuer, the Eligible Lender Owner Trustee, the Indenture Trustee Trustee, the Certificateholders or the Noteholders shall have any responsibility therefor. With respect to satisfying The Servicer shall give the Rating Agency Condition referred to above, the term “subservicer” shall be deemed not to include systems providers, systems developers or systems maintenance contractors, collection agencies, credit bureaus, lock box providers, mail service providers and other similar types Indenture Trustee written notice of service providers.any subservicer appointed hereunder,

Appears in 1 contract

Samples: Sale and Servicing Agreement (World Omni Auto Receivables LLC)

Appointment of Subservicer. (A) The Servicer may at any time, upon the written consent of the Administrator, appoint a subservicer Subservicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that any applicable Rating Agency Condition shall have been satisfied in connection therewith; provided, further, that the Servicer shall remain obligated and be liable to the Issuer, the Eligible Lender Trustee, the Indenture Trustee and the Noteholders for the servicing and administering of the Trust Student Loans in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such subservicer Subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Trust Student Loans. The fees and expenses of the subservicer Subservicer shall be as agreed between the Servicer and its subservicer Subservicer from time to time and none of the Issuer, the Eligible Lender Trustee, the Indenture Trustee or the Noteholders shall have any responsibility therefor. With respect to satisfying the Rating Agency Condition referred to above, the term “subservicerSubservicer” shall be deemed not to include Subcontractors such as systems providers, systems developers or systems maintenance contractors, collection agencies, credit bureaus, lock box providers, mail service providers and other similar types of service providers.

Appears in 1 contract

Samples: Servicing Agreement (SLM Private Credit Student Loan Trust 2006-C)

Appointment of Subservicer. (A) The Servicer may at any time, upon the written consent of the Administrator, appoint a subservicer Subservicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that any applicable Rating Agency Condition shall have been satisfied in connection therewith; provided, further, that the Servicer shall remain obligated and be liable to the Issuer, the Eligible Lender Trustee, the Indenture Trustee and the Noteholders for the servicing and administering of the Trust Student Loans in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such subservicer Subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Trust Student Loans. The fees and expenses of the subservicer Subservicer shall be as agreed between the Servicer and its subservicer Subservicer from time to time and none of the Issuer, the Eligible Lender Trustee, the Indenture Trustee or the Noteholders shall have any responsibility therefor. With respect to satisfying the Rating Agency Condition referred to above, the term “subservicerSubservicer” shall be deemed not to include Subcontractors such as systems providers, systems developers or systems maintenance contractors, collection agencies, credit bureaus, lock box providers, mail service providers and other similar types of service providers.

Appears in 1 contract

Samples: Servicing Agreement (SLM Private Credit Student Loan Trust 2007-A)

Appointment of Subservicer. The Servicer may at any 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 any applicable Rating Agency -------- ------- Condition shall have been satisfied in connection therewith; provided, further, provided further ---------------- that the Servicer shall remain obligated and be liable to the Issuer, the Eligible Lender Trustee, the Indenture Trustee Trustee, the Certificateholders and the Noteholders for the servicing and administering of the Trust 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 Trust Student Loans. The fees and expenses of the subservicer shall be as agreed between the Servicer and its subservicer from time to time and none of the Issuer, the Eligible Lender Trustee, the Indenture Trustee Trustee, the Certificateholders or the Noteholders shall have any responsibility therefor. With respect to satisfying the Rating Agency Condition referred to above, the term "subservicer" shall be deemed not to include systems providers, systems developers or systems maintenance contractors, collection agencies, credit bureaus, lock box providers, mail service providers and other similar types of service providers.

Appears in 1 contract

Samples: Servicing Agreement (SLM Funding Corp)

Appointment of Subservicer. The Servicer may at any 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 ----------------- any applicable Rating Agency Condition shall have been satisfied in connection therewith; provided, further, provided further that the Servicer shall remain obligated and be ---------------- liable to the Issuer, the Eligible Lender Trustee, the Indenture Trustee and the Noteholders for the servicing and administering of the Trust 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 Trust Student Loans. The fees and expenses of the subservicer shall be as agreed between the Servicer and its subservicer from time to time and none of the Issuer, the Eligible Lender Trustee, the Indenture Trustee or the Noteholders shall have any responsibility therefor. With respect to satisfying the Rating Agency Condition referred to above, the term "subservicer" shall be deemed not to include systems providers, systems developers or systems maintenance contractors, collection agencies, credit bureaus, lock box providers, mail service providers and other similar types of service providers.

Appears in 1 contract

Samples: Servicing Agreement (SLM Funding Corp)

Appointment of Subservicer. The Servicer may at any 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 any applicable Rating Agency Condition shall have been satisfied in connection therewith; provided, further, that the Servicer shall remain obligated and be liable to the Issuer, the Eligible Lender Trustee, the Indenture Trustee Trustee, the Noteholders and the Noteholders Certificateholders for the servicing and administering of the Trust 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 Trust Student Loans. The fees and expenses of the subservicer shall be as agreed between the Servicer and its subservicer from time to time and none of the Issuer, the Eligible Lender Trustee, the Indenture Trustee Trustee, the Noteholders or the Noteholders Certificateholders shall have any responsibility therefor. With respect to satisfying the Rating Agency Condition referred to above, the term “subservicer” shall be deemed not to include systems providers, systems developers or systems maintenance contractors, collection agencies, credit bureaus, lock box providers, mail service providers and other similar types of service providers.

Appears in 1 contract

Samples: Servicing Agreement (SLM Education Credit Funding LLC)

Appointment of Subservicer. A. The Servicer may at any time, upon the written consent of the Administrator, appoint a subservicer one or more subservicers to perform all or any portion of its obligations as Servicer hereunder; provided, however, that any applicable Rating Agency Condition shall have been satisfied in connection therewith; provided, further, that the Servicer shall remain obligated and be liable to the Issuer, the Eligible Lender Owner Trustee, the Indenture Administrator, the Indenture Trustee and the Noteholders for the servicing and administering of the Trust Student Loans in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of any such subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Trust Student Loans. The fees and expenses of the a subservicer shall be as agreed between the Servicer and its such subservicer from time to time and none of the Issuer, the Eligible Lender Owner Trustee, the Indenture Administrator, the Indenture Trustee or the Noteholders shall have any responsibility therefor. With respect to satisfying the Rating Agency Condition referred to above, the term “subservicer” shall be deemed not to include systems providers, systems developers or systems maintenance contractors, collection agencies, credit bureaus, lock box providers, mail service providers and other similar types of service providers.

Appears in 1 contract

Samples: Servicing Agreement (SLC Student Loan Trust 2009-2)

Appointment of Subservicer. The Servicer may at any 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 any applicable Rating Agency Condition shall have been satisfied in connection therewith; provided, further, that the Servicer shall remain obligated and be liable to the Issuer, the Eligible Lender Trustee, the Indenture Trustee Trustee, the Noteholders and the Noteholders Certificateholders for the servicing and administering of the Trust 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 Trust Student Loans. The fees and expenses of the subservicer shall be as agreed between the Servicer and its subservicer from time to time and none of the Issuer, the Eligible Lender Trustee, the Indenture Trustee Trustee, the Noteholders or the Noteholders Certificateholders shall have any responsibility therefor. With respect to satisfying the Rating Agency Condition referred to above, the term "subservicer" shall be deemed not to include systems providers, systems developers or systems maintenance contractors, collection agencies, credit bureaus, lock box providers, mail service providers and other similar types of service providers.

Appears in 1 contract

Samples: Servicing Agreement (SLM Education Credit Funding LLC)

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