Assignment of Servicing Obligations Sample Clauses

Assignment of Servicing Obligations. The Servicer may assign all (but not a portion) of its servicing rights and obligations under this MRB Servicing Agreement to another servicer, provided that such assignment is evidenced by a written agreement in which the assignee agrees to assume all the Servicer's obligations hereunder and agrees to the servicing fee provided herein. Any such assignment is subject to the prior written consent of the Corporation, Xxxxxx Xxx, Xxxxxx Xxx and Xxxxxxx Mac. If the Servicer sells portions or all servicing rights without the written consent of the Corporation, at the Corporation's discretion, the Corporation may assess the Servicer a penalty of $500 for each related Mortgage Loan and the Corporation will also be entitled to all other remedies available to it by applicable law including those set forth in Article IV. Without liability therefor, the Corporation may also, in its sole discretion, require a Servicer to sell a loan or loans to a substitute Servicer approved by the Corporation for the purpose of consolidating Xxxxxx Mae, Xxxxxx Xxx or Xxxxxxx Mac securities at the same rate into one pool of loans.
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Assignment of Servicing Obligations. Except as otherwise provided in Section 2.02(n) and this Section 4.02, the Servicer may not assign any of its rights or privileges hereunder or make or enter into any delegation, subcontract, authorization or appointment with respect to any of its duties, liabilities or obligations hereunder without the prior written consent of the Master Servicer. Exhibit A hereto contains the name of each Designated Servicer, each of which Designated Servicer (other than any Designated Servicer listed on Exhibit A on the Closing Date) is subject to the approval of the Master Servicer. Notwithstanding any subservicing agreement, any of the provisions of this Agreement relating to agreements or arrangements between the Servicer and a Designated Servicer, or reference to actions taken through a Designated Servicer or otherwise, the Servicer shall remain obligated and primarily liable for the servicing and administration of the Loans in accordance with the provisions of this Agreement without diminution of such obligation or liability by virtue of such subservicing agreement or arrangement or by virtue of indemnification from the Designated Servicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Loans. For purposes of this Agreement, the Servicer shall be deemed to have received payments on Loans when any Designated Servicer has received such payment. The Servicer shall be entitled to enter into any agreement with a Designated Servicer providing for indemnification of the Servicer by the Designated Servicer, and nothing contained in this Agreement shall be deemed to limit or modify such indemnification.
Assignment of Servicing Obligations. Celink may not assign any of its rights or privileges hereunder or make or enter into any delegation, subcontract, authorization or appointment with respect to any of its duties, liabilities or obligations hereunder to any third Party, subsidiary or affiliate of Celink without the prior written consent of RMF.
Assignment of Servicing Obligations. GMACM shall have the right to assign all or any part of its rights, responsibilities, duties or obligations under this Agreement to any successor to GMACM with the prior written consent of the Bank, which consent shall not be unreasonably withheld or delayed. Upon any assignee’s assumption of such of GMACM’s rights, responsibilities, duties or liabilities as were assigned in accordance with this Section 7.4, GMACM shall be released from any liability therefor arising from the actions or inaction of such assignee from and after the effective date of such assumption.
Assignment of Servicing Obligations. Subject to Section 2.01(b), the Servicer may assign for consideration all (but not a portion) of its servicing rights and obligations under this Agreement to another servicer, provided that such assignment shall be evidenced by a written agreement in which the assignee agrees to assume all of the Servicer’s obligations hereunder and agrees to provide its services for the same fees as provided in this Agreement. Any such assignment is subject to the prior written consent of the applicable GSEs and the Corporation, or in each case its successors or assigns, provided that the consent of the Corporation shall not be unreasonably withheld, conditioned, or delayed.

Related to Assignment of Servicing Obligations

  • Servicing Obligations (a) Seller shall pay, perform and discharge all liabilities and obligations relating to the Servicing, including all liabilities and obligations under the Mortgage Loan Documents, Applicable Law and the Servicing Agreements; and shall pay, perform and discharge all the rights, obligations and duties with respect to the Related Escrow Accounts as required by the Servicing Agreements, the Mortgage Loan Documents, all Applicable Law and, with respect to any Mortgage Loans owned by an Agency, such Agency.

  • Servicing and Subservicing; Enforcement of the Obligations of Servicer (a) The Servicer may arrange for the subservicing of any Mortgage Loan by a subservicer, which may be an affiliate (each, a "subservicer") pursuant to a subservicing agreement (each, a "Subservicing Agreement"); provided, however, that such subservicing arrangement and the terms of the related subservicing agreement must provide for the servicing of such Mortgage Loans in a manner consistent with the servicing arrangements contemplated hereunder. Notwithstanding the provisions of any subservicing agreement, any of the provisions of this Agreement relating to agreements or arrangements between the Servicer and a subservicer or reference to actions taken through a subservicer or otherwise, the Servicer shall remain obligated and liable to the Depositor, the Trustee and the Certificateholders for the servicing and administration of the Mortgage Loans in accordance with the provisions of this Agreement without diminution of such obligation or liability by virtue of such subservicing agreements or arrangements or by virtue of indemnification from the subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Mortgage Loans. Every subservicing agreement entered into by the Servicer shall contain a provision giving any successor Servicer the option to terminate such agreement in the event a successor Servicer is appointed. All actions of the each subservicer performed pursuant to the related subservicing agreement shall be performed as an agent of the Servicer with the same force and effect as if performed directly by the Servicer.

  • Replacement of Servicer (a) If a Servicer Replacement Event shall have occurred and be continuing, the Indenture Trustee shall, at the direction of Holders of at least 66 2/3% of the aggregate outstanding principal balance of the Outstanding Notes, by notice given to the Servicer, the Owner Trustee, the Issuer, the Administrator and the Noteholders, terminate the rights and obligations of the Servicer under this Agreement with respect to the Receivables. In the event the Servicer is removed or resigns as Servicer with respect to servicing the Receivables, the Indenture Trustee shall appoint a successor Servicer. Upon the Servicer’s receipt of notice of termination the predecessor Servicer will continue to perform its functions as Servicer under this Agreement only until the date specified in such termination notice or, if no such date is specified in such termination notice, until receipt of such notice. If a successor Servicer has not been appointed at the time when the predecessor Servicer ceases to act as Servicer in accordance with this Section, the Indenture Trustee without further action will automatically be appointed the successor Servicer. Notwithstanding the above, the Indenture Trustee, if it is legally unable or is unwilling to so act, will appoint, or petition a court of competent jurisdiction to appoint, a successor Servicer. Any successor Servicer shall be an established institution having a net worth of not less than $100,000,000 and whose regular business includes the servicing of comparable motor vehicle receivables having an aggregate outstanding principal balance of not less than $50,000,000.

  • Subservicing Agreements and Successor Subservicer (a) The Servicer may enter into subservicing agreements for any servicing and administration of the Mortgage Loans with any institution which (i) is an approved Xxxxxx Xxx or Xxxxxxx Mac Seller/Servicer as indicated in writing, (ii) which represents and warrants that it is in compliance with the laws of each state as necessary to enable it to perform its obligations under such subservicing agreement and (iii) which is acceptable to the NIMS Insurer. For this purpose, subservicing shall not be deemed to include the use of a tax service, or services for reconveyance, insurance or brokering REO Property or the retention of third party contractors to perform certain servicing and loan administration functions, including without limitation, hazard insurance administration, tax payment and administration, flood certification and administration, collection services and similar functions. The Servicer shall give prior written notice to the Master Servicer and the NIMS Insurer of the appointment of any subservicer and shall furnish to the Master Servicer and the NIMS Insurer a copy of such subservicing agreement. For purposes of this Agreement, the Servicer shall be deemed to have received payments on Mortgage Loans immediately upon receipt by any subservicer of such payments. Any such subservicing agreement shall be acceptable to the NIMS Insurer and be consistent with and not violate the provisions of this Agreement. Each subservicing agreement shall provide that a successor Servicer shall have the option to terminate such agreement without payment of any fees if the predecessor Servicer is terminated or resigns.

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