Common use of Appointment of Successor Backup Servicer; Successor Backup Servicer to Act Clause in Contracts

Appointment of Successor Backup Servicer; Successor Backup Servicer to Act. (a) The Backup Servicer may be removed, with or without cause, by the Required Holders or the Indenture Trustee, by notice given in writing to the Backup Servicer (the “Backup Servicer Termination Notice”). The Backup Servicer shall continue to perform all backup servicing functions under this Agreement until the date specified in the Backup Servicer Termination Notice or, if no such date is specified, until a date mutually agreed by the Backup Servicer and the Indenture Trustee. The Indenture Trustee shall as promptly as possible after the giving of a Backup Servicer Termination Notice appoint a Successor Backup Servicer (the “Successor Backup Servicer”), and such Successor Backup Servicer shall accept its appointment by a written assumption in a form acceptable to the Indenture Trustee and Owner Trustee.

Appears in 4 contracts

Samples: Transfer and Servicing Agreement (American Capital Strategies LTD), Transfer and Servicing Agreement (American Capital Strategies LTD), Transfer and Servicing Agreement (American Capital Strategies LTD)

AutoNDA by SimpleDocs

Appointment of Successor Backup Servicer; Successor Backup Servicer to Act. (a) The Backup Servicer may be removed, with or without cause, by the Required Holders Majority Noteholders or the Indenture Trustee, by notice given in writing to the Backup Servicer (the “Backup Servicer Termination Notice”), a copy of which shall be provided to S&P promptly after it is delivered to the Backup Servicer. The Backup Servicer shall continue to perform all backup servicing functions under this Agreement until the date specified in the Backup Servicer Termination Notice or, if no such date is specified, until a date mutually agreed by the Backup Servicer and the Indenture Trustee. The Indenture Trustee shall as promptly as possible after the giving of a Backup Servicer Termination Notice Notice, to appoint a Successor Backup Servicer (the “Successor Backup Servicer”), ) and such Successor Backup Servicer shall accept its appointment by a written assumption in a form acceptable to the Indenture Trustee and Owner Trustee.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc)

Appointment of Successor Backup Servicer; Successor Backup Servicer to Act. (a) The Backup Servicer may be removed, with or without cause, by the Required Holders or the Indenture Trustee, by notice given in writing to the Backup Servicer (the “Backup Servicer Termination Notice”). The Backup Servicer shall continue to perform all backup servicing functions under this Agreement until the date specified in the Backup Servicer Termination Notice or, if no such date is specified, until a date mutually agreed by the Backup Servicer and the Indenture Trustee. The Indenture Trustee shall as promptly as possible after the giving of a Backup Servicer Termination Notice appoint a Successor Backup Servicer (the “Successor Backup Servicer”), and such Successor Backup Servicer shall accept its appointment by a written assumption in a form acceptable to the Indenture Trustee and Owner Trustee; provided that if such Successor Backup Servicer is not an Affiliate of Xxxxx Fargo Bank, National Association, the Indenture Trustee shall deliver prior written notice to S&P of its intention to appoint such Successor Backup Servicer.

Appears in 2 contracts

Samples: Transfer and Servicing Agreement (American Capital Strategies LTD), Transfer and Servicing Agreement (American Capital Strategies LTD)

Appointment of Successor Backup Servicer; Successor Backup Servicer to Act. (a) The Backup Servicer may be removed, with or without cause, by the Required Holders or the Indenture Trustee, by notice given in writing to the Backup Servicer (the "Backup Servicer Termination Notice"). The Backup Servicer shall continue to perform all backup servicing functions under this Agreement until the date specified in the Backup Servicer Termination Notice or, if no such date is specified, until a date mutually agreed by the Backup Servicer and the Indenture Trustee. The Indenture Trustee shall as promptly as possible after the giving of a Backup Servicer Termination Notice appoint a Successor Backup Servicer (the "Successor Backup Servicer"), and such Successor Backup Servicer shall accept its appointment by a written assumption in a form acceptable to the Indenture Trustee and Owner Trustee.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (American Capital Strategies LTD)

AutoNDA by SimpleDocs

Appointment of Successor Backup Servicer; Successor Backup Servicer to Act. (a) The Backup Servicer may be removed, with or without cause, by the Required Holders Majority Noteholders or the Indenture Trustee, by notice given in writing to the Backup Servicer (the “Backup Servicer Termination Notice”). The Backup Servicer shall continue to perform all backup servicing functions under this Agreement until the date specified in the Backup Servicer Termination Notice or, if no such date is specified, until a date mutually agreed by the Backup Servicer and the Indenture Trustee. The Indenture Trustee shall as promptly as possible after the giving of a Backup Servicer Termination Notice Notice, to appoint a Successor Backup Servicer (the “Successor Backup Servicer”), ) and such Successor Backup Servicer shall accept its appointment by a written assumption in a form acceptable to the Indenture Trustee and Owner Trustee.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Capitalsource Inc)

Appointment of Successor Backup Servicer; Successor Backup Servicer to Act. (a) The Backup Servicer may be removed, with or without cause, by the Required Holders Majority Noteholders or the Indenture Trustee, by notice given in writing to the Backup Servicer (the “Backup Servicer Termination Notice”). The Backup Servicer shall continue to perform all backup servicing functions under this Agreement until the date specified in the Backup Servicer Termination Notice or, if no such date is specified, until a date mutually agreed by the Backup Servicer and the Indenture Trustee. The Indenture Trustee shall as promptly as possible after the giving of a Backup Servicer Termination Notice appoint a Successor Backup Servicer (the “Successor Backup Servicer”), and such Successor Backup Servicer shall accept its appointment by a written assumption in a form acceptable to the Indenture Trustee and Owner Trustee.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (American Capital Strategies LTD)

Time is Money Join Law Insider Premium to draft better contracts faster.