ASSIGNMENT OR DELEGATION OF DUTIES BY THE SERVICER AND THE COMPANY. (a) The Servicer may at any time without notice or consent delegate certain computational, data processing, collection and foreclosure duties hereunder to any entity. No such delegation shall relieve the Servicer in any respect of its responsibility with respect to such duties. (b) Neither the Servicer nor the Company may assign the Pooling and Servicing Agreement or any of its rights, power, duties or obligations hereunder (except as provided in Section 6.07(a) above), provided that the Servicer and the Company may assign the Pooling and Servicing Agreement in connection with a consolidation, merger, conveyance, transfer or lease made in compliance with Section 6.04 hereof. (c) Except as provided in Sections 6.04 and 6.06 hereof, the duties and obligations of the Servicer and the Company under the Pooling and Servicing Agreement shall continue until the Pooling and Servicing Agreement shall have been terminated as provided in Section 9.01 hereof, and shall survive the exercise by the Trustee of any right or remedy under the Pooling and Servicing Agreement, or the enforcement by the Trustee of any provisions of the Pooling and Servicing Agreement.
Appears in 8 contracts
Samples: Pooling and Servicing Agreement (Bombardier Capital Mortgage Securitization Corp), Pooling and Servicing Agreement (Bombardier Capital Mortgage Securitization Corp), Pooling and Servicing Agreement (Deutsche Financial Capital Securitization LLC)
ASSIGNMENT OR DELEGATION OF DUTIES BY THE SERVICER AND THE COMPANY. (a) The Servicer may at any time without notice or consent delegate certain computational, data processing, collection and foreclosure and other duties hereunder to any entity. No such delegation shall relieve the Servicer in any respect of its responsibility with respect to such duties.
(b) Neither the Servicer nor the Company may assign the Pooling and Servicing Agreement or any of its rights, power, duties or obligations hereunder (except as provided in Section 6.07(a) above), provided that the Servicer and the Company may assign the Pooling and Servicing Agreement in connection with a consolidation, merger, conveyance, transfer or lease made in compliance with Section 6.04 hereof.
(c) Except as provided in Sections 6.04 and 6.06 hereof, the duties and obligations of the Servicer and the Company under the Pooling and Servicing Agreement shall continue until the Pooling and Servicing Agreement shall have been terminated as provided in Section 9.01 hereof, and -76- 82 shall survive the exercise by the Trustee of any right or remedy under the Pooling and Servicing Agreement, or the enforcement by the Trustee of any provisions of the Pooling and Servicing Agreement.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bombardier Capital Mortgage Securitization Corp)
ASSIGNMENT OR DELEGATION OF DUTIES BY THE SERVICER AND THE COMPANY. (a) The Servicer may at any time without notice or consent delegate certain computational, data processing, collection and foreclosure duties hereunder to any entity. No such delegation shall relieve the Servicer in any respect of its responsibility with respect to such duties.
(b) Neither the Servicer nor the Company may assign the Pooling and Servicing Agreement or any of its rights, power, duties or obligations hereunder (except as provided in Section 6.07(a) above), provided that the Servicer and the Company may assign the Pooling and Servicing Agreement in connection with a consolidation, merger, conveyance, transfer or lease made in compliance with Section 6.04 hereof.. -66-
(c) Except as provided in Sections 6.04 and 6.06 hereof, the duties and obligations of the Servicer and the Company under the Pooling and Servicing Agreement shall continue until the Pooling and Servicing Agreement shall have been terminated as provided in Section 9.01 hereof, and shall survive the exercise by the Trustee of any right or remedy under the Pooling and Servicing Agreement, or the enforcement by the Trustee of any provisions of the Pooling and Servicing Agreement.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Deutsche Financial Capital Securitization LLC)