Common use of Assignments; Reinsurance; Third-Party Rights Clause in Contracts

Assignments; Reinsurance; Third-Party Rights. (a) This Insurance Agreement shall be a continuing obligation of the parties hereto and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. The Subordination Agent, and except for any transaction expressly permitted by Section 5.02 of the applicable Class G Trust Agreement, JetBlue, may not assign their respective rights under this Insurance Agreement, or delegate any of their duties hereunder, without the prior written consent of the other parties hereto. Any assignments made in violation of this Insurance Agreement shall be null and void. (b) The Policy Provider shall have the right to grant participation in its rights under this Insurance Agreement and to enter into contracts of reinsurance with respect to the Policies upon such terms and conditions as the Policy Provider may in its discretion determine; provided, however, that no such participation or reinsurance agreement or arrangement shall relieve the Policy Provider of any of its obligations hereunder or under either Policy or grant to any participant or reinsurer any rights hereunder or under any Operative Agreement. (c) Except as provided herein with respect to participants and reinsurers, nothing in this Insurance Agreement shall confer any right, remedy or claim, express or implied, upon any Person, including, particularly, any Class G Certificateholder, other than the Policy Provider against JetBlue, or JetBlue against the Policy Provider, and all the terms, covenants, conditions, promises and agreements contained herein shall be for the sole and exclusive benefit of the parties hereto and their successors and permitted assigns. Neither the Class G Trustees nor any Class G Certificateholder shall have any right to payment from the Premium paid or payable hereunder or from any amounts paid by JetBlue pursuant to Sections 3.02 or 3.03.

Appears in 2 contracts

Samples: Insurance and Indemnity Agreement (Jetblue Airways Corp), Insurance and Indemnity Agreement (Jetblue Airways Corp)

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Assignments; Reinsurance; Third-Party Rights. (a) This Insurance Agreement shall be a continuing obligation of the parties hereto and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. The Subordination Agent, Seller and except for any transaction expressly permitted by Section 5.02 of the applicable Class G Trust Agreement, JetBlue, Depositor may not assign any of their respective rights under this Insurance Agreement, or delegate any of their respective duties hereunder, without the prior written consent of the other parties heretoCertificate Insurer, which consent shall not be unreasonably withheld. Any assignments made in violation of this Insurance Agreement shall be null and void. (b) The Policy Provider Certificate Insurer shall have the right to grant participation give participations in its rights under this Insurance Agreement and to enter into contracts of reinsurance with respect to the Policies Certificate Insurance Policy upon such terms and conditions as the Policy Provider Certificate Insurer may in its discretion determine; provided, however, that no such participation or reinsurance agreement or arrangement shall relieve the Policy Provider Certificate Insurer of any of its obligations hereunder or under either Policy the Certificate Insurance Policy, nor shall the Seller or grant the Depositor be required to deal directly with any participant or reinsurer any rights hereunder or under any Operative Agreementsuch parties. (c) Except as provided herein with respect to participants and reinsurers, nothing in this Insurance Agreement shall confer any right, remedy or claim, express or implied, upon any Person, including, particularly, any Class G Certificateholder, other than the Policy Provider Certificate Insurer against JetBluethe Seller or the Depositor, or JetBlue the Seller or the Depositor against the Policy ProviderCertificate Insurer, and all the terms, covenants, conditions, promises and agreements contained herein shall be for the sole and exclusive benefit of the parties hereto and their successors and permitted assigns. Neither the Class G Trustees Trustee nor any Class G Certificateholder shall have any right to payment from the Premium any Premiums paid or payable hereunder or under the Pooling and Servicing Agreement or from any amounts paid by JetBlue the Seller or the Depositor pursuant to Sections 3.02 3.02, 3.03 or 3.033.04.

Appears in 2 contracts

Samples: Insurance and Indemnity Agreement (Bayview Financial Mortage Pass-Through Trust 2005-D), Insurance and Indemnity Agreement (Bayview Financial Mortgage Pass-Through Certificates, Series 2005-B)

Assignments; Reinsurance; Third-Party Rights. (a) This Insurance Agreement shall be a continuing obligation of the parties hereto and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. The Subordination Agent, except as provided in Section 8.1 of the Agreement, and AWA, except for any transaction expressly permitted by Section 5.02 of the applicable Class G Trust Agreement, JetBlue, may not assign their respective rights under this Insurance Agreement, or delegate any of their duties hereunder, without the prior written consent of the other parties hereto. Any assignments made in violation of this Insurance Agreement shall be null and void. (b) The Policy Provider shall have the right to grant participation participations in its rights under this Insurance Agreement and to enter into contracts of reinsurance with respect to the Policies Policy upon such terms and conditions as the Policy Provider may in its discretion determine; provided, however, that no such participation or reinsurance agreement or arrangement shall relieve the Policy Provider of any of its obligations hereunder or under either the Policy or grant to any participant or reinsurer any rights hereunder or under any Operative Agreement. (c) Except as provided herein with respect to participants and reinsurers, nothing in this Insurance Agreement shall confer any right, remedy or claim, express or implied, upon any Person, including, particularly, any Class G CertificateholderHolder, other than upon the Policy Provider against JetBlueAWA, or JetBlue upon AWA against the Policy Provider, and all the terms, covenants, conditions, promises and agreements contained herein shall be for the sole and exclusive benefit of the parties hereto and their successors and permitted assigns. Neither the Class G Trustees Trustee nor any Class G Certificateholder Holder shall have any right to payment from the Premium paid or payable hereunder or from any amounts paid by JetBlue AWA pursuant to Sections 3.02 or 3.03.

Appears in 2 contracts

Samples: Insurance and Indemnity Agreement (America West Airlines Inc), Insurance and Indemnity Agreement (America West Airlines Inc)

Assignments; Reinsurance; Third-Party Rights. (a) This Insurance Agreement shall be a continuing obligation of the parties hereto and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. The Subordination Agent, and except for any transaction expressly permitted by Section 5.02 None of the applicable Class G Depositor, the Company or the Trust Agreement, JetBlue, may not assign their respective its rights under this Insurance Agreement, or delegate any of their its duties hereunder, without the prior written consent of the other parties heretoFSA. Any assignments assignment made in violation of this Insurance Agreement shall be null and void. (b) The Policy Provider FSA shall have the right to grant participation give participations in its rights under this Insurance Agreement and to enter into contracts of reinsurance with respect to the Policies Policy upon such terms and conditions as the Policy Provider FSA may in its discretion determine; provided, however, that no such participation or reinsurance agreement or arrangement shall relieve the Policy Provider FSA of any of its obligations hereunder or under either Policy the Policy; provided, further that neither the Company nor the Depositor shall deal directly with any such parties, nor shall such parties have direct rights against the Company or grant to any participant or reinsurer any rights hereunder or under any Operative Agreementthe Depositor. (c) In addition, FSA shall be entitled to assign or pledge to any bank or other lender providing liquidity or credit with respect to the Transaction or the obligations of FSA in connection therewith any rights of FSA under the Transaction Documents or with respect to any real or personal property or other interests pledged to FSA, or in which FSA has a security interest, in connection with the Transaction. (d) Except as provided herein with respect to participants and reinsurers, nothing in this Insurance Agreement shall confer any right, remedy or claim, express or implied, upon any Person, including, particularly, any Class G CertificateholderNoteholder, other than the Policy Provider against JetBlueFSA, or JetBlue against the Policy ProviderDepositor, the Company or the Trust, and all the terms, covenants, conditions, promises and agreements contained herein shall be for the sole and exclusive benefit of the parties hereto and their successors and permitted assigns. Neither the Class G Trustees Indenture Trustee nor any Class G Certificateholder Noteholder shall have any right to payment from the Premium any premiums paid or payable hereunder or from any other amounts paid by JetBlue the Depositor, the Company or the Trust pursuant to Sections 3.02 3.02, 3.03 or 3.033.04 hereof.

Appears in 1 contract

Samples: Insurance and Indemnity Agreement (IndyMac Home Equity Mortgage Loan Asset-Backed Trust, Series 2007-H1)

Assignments; Reinsurance; Third-Party Rights. (a) This Insurance Agreement shall be a continuing obligation of the parties hereto Transferor, the Seller, the Collateral Agent and the Reserve Account Agent and shall (i) be binding upon the Transferor, the Seller, the Collateral Agent and the Reserve Account Agent and their respective successors and assigns and (ii) inure to the benefit of and be enforceable by the parties hereto Surety and their respective successors its successors, transferees and permitted assigns. The Subordination Agent, and except for any transaction expressly permitted by Section 5.02 None of the applicable Class G Trust AgreementTransferor, JetBluethe Seller, the Collateral Agent or the Reserve Account Agent may not assign their respective rights under this Insurance Agreement, or delegate any of their its duties hereunderspecifically set forth herein, without the prior written consent of the other parties hereto. Any assignments made in violation of this Insurance Agreement Surety which consent shall not be null and voidunreasonably withheld. (b) The Policy Provider Surety shall have the right to grant participation give participations in its rights under this Insurance Agreement and to enter into contracts of reinsurance with respect to the Policies upon Surety Bond and each such terms participant or reinsurer shall be entitled to the benefit of any representation, warranty, covenant and conditions obligation of the Transferor, the Seller, the Collateral Agent and the Reserve Account Agent hereunder as the Policy Provider may in its discretion determineif such participant or Surety was a party hereto; provided, however, provided that no such grant of participation or reinsurance agreement or arrangement shall operate to relieve the Policy Provider Surety of any of its obligations hereunder or under either Policy or grant to any participant or reinsurer any rights hereunder or under any Operative Agreementliability on the Surety Bond. (c) Except as provided herein with respect to participants and reinsurers, nothing in this Insurance Agreement shall confer any right, remedy or claim, express or implied, upon any Person, including, particularly, any Class G Certificateholderperson, other than the Policy Provider against JetBlueSurety, or JetBlue against the Policy ProviderTransferor, the Seller, the Collateral Agent or the Reserve Account Agent, and all the terms, covenants, conditions, promises and agreements contained herein shall be for the sole and exclusive benefit of the parties hereto and their successors and permitted assigns. Neither the Class G Trustees nor any Class G Certificateholder shall have any right to payment from the Premium paid or payable hereunder or from any amounts paid by JetBlue pursuant to Sections 3.02 or 3.03successors.

Appears in 1 contract

Samples: Insurance Agreement (First Investors Financial Services Group Inc)

Assignments; Reinsurance; Third-Party Rights. (a) This Insurance Agreement shall be a continuing obligation of the parties hereto and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. The Subordination Agent, and except for Neither the Depositor nor any transaction expressly permitted by Section 5.02 of the applicable Class G Trust Agreement, JetBlue, Company Party may not assign their respective its rights under this Insurance Agreement, or delegate any of their its duties hereunder, without the prior written consent of the other parties heretoFSA. Any assignments assignment made in violation of this Insurance Agreement shall be null and void. (b) The Policy Provider FSA shall have the right to grant participation give participations in its rights under this Insurance Agreement and to enter into contracts of reinsurance with respect to the Policies Policy upon such terms and conditions as the Policy Provider FSA may in its discretion determine; provided, however, that no such participation or reinsurance -------- ------- agreement or arrangement shall relieve the Policy Provider FSA of any of its obligations hereunder or under either Policy or grant to any participant or reinsurer any rights hereunder or under any Operative Agreementthe Policy. (c) In addition, FSA shall be entitled to assign or pledge to any bank or other lender providing liquidity or credit with respect to the Transaction or the obligations of FSA in connection therewith any rights of FSA under the Transaction Documents or with respect to any real or personal property or other interests pledged to FSA, or in which FSA has a security interest, in connection with the Transaction. (d) Except as provided herein with respect to participants and reinsurers, nothing in this Insurance Agreement shall confer any right, remedy or claim, express or implied, upon any Person, including, particularly, any Class G Certificateholder, other than the Policy Provider against JetBlueFSA, or JetBlue against the Policy ProviderDepositor or any Company Party, and all the terms, covenants, conditions, promises and agreements contained herein shall be for the sole and exclusive benefit of the parties hereto and their successors and permitted assigns. Neither the Class G Trustees Trustee nor any Class G Certificateholder shall have any right to payment from the Premium any premiums paid or payable hereunder or from any other amounts paid by JetBlue the Depositor or any Company Party pursuant to Sections 3.02 Section 3.02, 3.03 or 3.033.04 hereof.

Appears in 1 contract

Samples: Insurance and Indemnity Agreement (United Panam Financial Corp)

Assignments; Reinsurance; Third-Party Rights. (a) This Insurance Agreement shall be a continuing obligation of the parties hereto Company, the Issuer and the Servicer and shall (i) be binding upon the Company, the Issuer and the Servicer and their respective successors and assigns and (ii) inure to the benefit of and be enforceable by the parties hereto Insurer and their respective successors its successors, transferees and permitted assigns. The Subordination AgentNeither the Company, and except for any transaction expressly permitted by Section 5.02 of the applicable Class G Trust Agreement, JetBlue, Issuer nor the Servicer may not assign their respective rights under this Insurance Agreement, or delegate any of their its duties hereunder, without the prior written consent of the other parties hereto. Any assignments made in violation of this Insurance Agreement shall be null and voidInsurer. (b) The Policy Provider Insurer shall have the right to grant participation give participations in its rights under this Insurance Agreement and to enter into contracts of reinsurance with respect to any Note Insurance Policy and each such participant or reinsurer shall be entitled to the Policies upon benefit of any representation, warranty, covenant and obligation of the Company, the Issuer and the Servicer hereunder as if such terms participant or reinsurer was a party hereto; provided that no such grant of participation shall operate to relieve the Insurer of liability on any Note Insurance Policy, and conditions as the Policy Provider may in its discretion determine; provided, however, provided further that no such participation or contract of reinsurance agreement shall require the Servicer, the Indenture Trustee, the Company or arrangement shall relieve the Policy Provider of Issuer to deal with any of its obligations hereunder or under either Policy or grant to any participant or reinsurer any rights hereunder or under any Operative Agreementperson other than the Insurer. (c) Except as provided herein with respect to participants and reinsurers, nothing in this Insurance Agreement shall confer any right, remedy or claim, express or implied, upon any Personperson, including, particularly, any Class G CertificateholderNoteholder, other than the Policy Provider against JetBlueInsurer, or JetBlue against the Policy ProviderCompany, the Issuer or the Servicer, and all the terms, covenants, conditions, promises and agreements contained herein shall be for the sole and exclusive benefit of the parties hereto and their successors and permitted assignssuccessors. Neither the Class G Trustees Indenture Trustee nor any Class G Certificateholder Noteholder shall have any right to payment from the Premium premium paid or payable hereunder or from any amounts paid by JetBlue pursuant to Sections 3.02 or 3.03Section 3.03 hereof.

Appears in 1 contract

Samples: Insurance Agreement (T&w Financial Corp)

Assignments; Reinsurance; Third-Party Rights. (a) This Insurance Agreement shall be a continuing obligation of the parties hereto and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. The Subordination Agent, and except for Neither IndyMac nor the Depositor may assign any transaction expressly permitted by Section 5.02 of the applicable Class G Trust Agreement, JetBlue, may not assign their respective rights under this Insurance AgreementAgreement or the Policy, or delegate any of their respective duties hereunderhereunder or thereunder, without the prior written consent of the other parties heretoInsurer (except to the extent otherwise provided under Section 2.03(A)(c) and (B)(c)), which consent shall not be unreasonably withheld delayed or conditioned. Any assignments made in violation of this Insurance Agreement shall be null and void. (b) The Policy Provider Insurer shall have the right to grant participation give participations in its rights under this Insurance Agreement and to enter into contracts of reinsurance with respect to the Policies Policy upon such terms and conditions as the Policy Provider Insurer may in its discretion determine; provided, however, that no such participation or reinsurance agreement or arrangement shall relieve the Policy Provider Insurer of any of its obligations hereunder or under either Policy the Policy, nor shall IndyMac or grant the Depositor be required to deal directly with any participant or reinsurer any rights hereunder or under any Operative Agreementsuch parties. (c) Except as provided herein with respect to participants and reinsurers, nothing in this Insurance Agreement shall confer any right, remedy or claim, express or implied, upon any Person, including, particularly, any Class G CertificateholderHolder, other than the Policy Provider Insurer against JetBlueIndyMac or the Depositor, or JetBlue IndyMac or the Depositor against the Policy ProviderInsurer, and all the terms, covenants, conditions, promises and agreements contained herein shall be for the sole and exclusive benefit of the parties hereto and their successors and permitted assigns. Neither the Class G Trustees Indenture Trustee nor any Class G Certificateholder Holder shall have any right to payment from the Premium any Premiums paid or payable hereunder or under the Sale and Servicing Agreement or from any amounts paid by JetBlue IndyMac pursuant to Sections 3.02 or 3.03.

Appears in 1 contract

Samples: Insurance and Indemnity Agreement (IndyMac Home Equity Mortgage Loan Asset-Backed Trust, Series 2006-H1)

Assignments; Reinsurance; Third-Party Rights. (a) This Insurance Agreement shall be a continuing obligation of the parties hereto and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. The Subordination Agent, and except for any transaction expressly permitted by Section 5.02 of the applicable Class G Trust Agreement, JetBlueATA, may not assign their respective rights under this Insurance Agreement, or delegate any of their duties hereunder, without the prior written consent of the other parties hereto. Any assignments made in violation of this Insurance Agreement shall be null and void. (b) The Policy Provider shall have the right to grant participation participations in its rights under this Insurance Agreement and to enter into contracts of reinsurance with respect to the Policies Policy upon such terms and conditions as the Policy Provider may in its discretion determine; provided, however, that no such participation or reinsurance agreement or arrangement shall relieve the Policy Provider of any of its obligations hereunder or under either the Policy or grant to any participant or reinsurer any rights hereunder or under any Operative Agreement. (c) Except as provided herein with respect to participants and reinsurers, nothing in this Insurance Agreement shall confer any right, remedy or claim, express or implied, upon any Person, including, particularly, any Class G CertificateholderHolder, other than upon the Policy Provider against JetBlueATA, or JetBlue upon ATA against the Policy Provider, and all the terms, covenants, conditions, promises and agreements contained herein shall be for the sole and exclusive benefit of the parties hereto and their successors and permitted assigns. Neither the Class G Trustees Trustee nor any Class G Certificateholder Holder shall have any right to payment from the Premium paid or payable hereunder or from any amounts paid by JetBlue ATA pursuant to Sections 3.02 or 3.03.

Appears in 1 contract

Samples: Insurance and Indemnity Agreement (Amtran Inc)

Assignments; Reinsurance; Third-Party Rights. (a) This Insurance Agreement shall be a continuing obligation of the parties hereto and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. The Subordination Agent, and except for any transaction expressly permitted by Section 5.02 of the applicable Class G Trust Agreement, JetBlue, Company may not assign their respective its rights under this Insurance Agreement, or delegate any of their its duties hereunder, without the prior written consent of the other parties heretoFinancial Security. Any assignments assignment made in violation of this Insurance Agreement shall be null and void. (b) The Policy Provider Financial Security shall have the right to grant participation give participations in its rights under this Insurance Agreement and to enter into contracts of reinsurance with respect to the Policies Policy upon such terms and conditions as the Policy Provider Financial Security may in its discretion determine; provided, however, that no such participation or reinsurance agreement or arrangement shall relieve the Policy Provider Financial Security of any of its obligations hereunder or under either Policy or grant to any participant or reinsurer any rights hereunder or under any Operative Agreementthe Policy. (c) In addition, Financial Security shall be entitled to assign or pledge to any bank or other lender providing liquidity or credit with respect to the Transaction or the obligations of Financial Security in connection therewith any rights of Financial Security under the Related Documents or with respect to any real or personal property or other interests pledged to Financial Security, or in which Financial Security has a security interest, in connection with the Transaction. (d) Except as provided herein with respect to participants and reinsurers, nothing in this Insurance Agreement shall confer any right, remedy or claim, express or implied, upon any Person, including, particularly, any Class G Certificateholder, other than the Policy Provider against JetBlueFinancial Security, or JetBlue against the Policy ProviderCompany, and all the terms, covenants, conditions, promises and agreements contained herein shall be for the sole and exclusive benefit of the parties hereto and their successors and permitted assigns. Neither the Class G Trustees Trustee nor any Class G Certificateholder shall have any right to payment from the Premium any premiums paid or payable hereunder or from any other amounts paid by JetBlue the Company pursuant to Sections Section 3.02 or 3.033.04 hereof.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Aames Capital Corp)

Assignments; Reinsurance; Third-Party Rights. (a) This Insurance Agreement shall be a continuing obligation of the parties hereto and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. The Subordination Agent, and except for any transaction expressly permitted by Section 5.02 None of the applicable Class G Trust AgreementIssuer, JetBlue, MONY Group and MONY Life nor the Indenture Trustee may not assign their respective its rights under this Insurance Agreement, or delegate any of their its duties hereunder, without the prior written consent of the other parties heretoInsurer. Any assignments assignment made in violation of this Insurance Agreement shall be null and void. (b) The Policy Provider Insurer shall have the right to grant participation in its rights under this Insurance Agreement and to enter into contracts of reinsurance with respect to the Policies upon such terms and conditions as the Policy Provider Insurer may in its discretion determine; provided, however, that no such participation or reinsurance agreement or arrangement shall relieve the Policy Provider Insurer of any of its obligations hereunder or under either Policy or grant to any participant or reinsurer any rights hereunder or under any Operative Agreementthe Initial Policies. (c) Except as provided herein with respect to participants and reinsurers, nothing Nothing in this Insurance Agreement shall confer any right, remedy or claim, express or implied, upon any Person, including, particularly, any Class G CertificateholderNoteholder, other than the Policy Provider Insurer against JetBlueany of the Issuer, MONY Group or JetBlue MONY Life and MONY Group, MONY Life and the Issuer against the Policy ProviderInsurer, and all the terms, covenants, conditions, promises and agreements contained herein shall be for the sole and exclusive benefit of the parties hereto and their successors and permitted assigns. Neither the Class G Trustees Indenture Trustee nor any Class G Certificateholder Noteholder shall have any right to payment from the Premium any Premiums paid or payable hereunder or under the Indenture or from any other amounts paid by JetBlue any of the Issuer, MONY Group or MONY Life pursuant to Sections 3.02 Section 3.03 or 3.033.04 hereof.

Appears in 1 contract

Samples: Insurance Agreement (Mony Holdings LLC)

Assignments; Reinsurance; Third-Party Rights. (a) This Insurance Agreement shall be a continuing obligation of the parties hereto Transferor, the Servicer, the Seller, the Collateral Agent and the Reserve Account Agent and shall (i) be binding upon the Transferor, the Servicer, the Seller, the Collateral Agent and the Reserve Account Agent and their respective successors and assigns and (ii) inure to the benefit of and be enforceable by the parties hereto Surety and their respective successors its successors, transferees and permitted assigns. The Subordination Agent, and except for any transaction expressly permitted by Section 5.02 None of the applicable Class G Trust AgreementTransferor, JetBluethe Servicer, the Seller, the Collateral Agent or the Reserve Account Agent may not assign their respective rights under this Insurance Agreement, or delegate any of their its duties hereunderspecifically set forth herein, without the prior written consent of the other parties hereto. Any assignments made in violation of this Insurance Agreement Surety which consent shall not be null and voidunreasonably withheld. (b) The Policy Provider Surety shall have the right to grant participation give participations in its rights under this Insurance Agreement and to enter into contracts of reinsurance with respect to the Policies upon Surety Bond and each such terms participant or reinsurer shall be entitled to the benefit of any representation, warranty, covenant and conditions obligation of the Transferor, the Servicer, the Seller, the Collateral Agent and the Reserve Account Agent hereunder as the Policy Provider may in its discretion determineif such participant or Surety was a party hereto; provided, however, provided that no such grant of participation or reinsurance agreement or arrangement shall operate to relieve the Policy Provider Surety of any of its obligations hereunder or under either Policy or grant to any participant or reinsurer any rights hereunder or under any Operative Agreementliability on the Surety Bond. (c) Except as provided herein with respect to participants and reinsurers, nothing in this Insurance Agreement shall confer any right, remedy or claim, express or implied, upon any Person, including, particularly, any Class G Certificateholderperson, other than the Policy Provider against JetBlueSurety, or JetBlue against the Policy ProviderTransferor, the Servicer, the Seller, the Collateral Agent or the Reserve Account Agent, and all the terms, covenants, conditions, promises and agreements contained herein shall be for the sole and exclusive benefit of the parties hereto and their successors and permitted assigns. Neither the Class G Trustees nor any Class G Certificateholder shall have any right to payment from the Premium paid or payable hereunder or from any amounts paid by JetBlue pursuant to Sections 3.02 or 3.03successors.

Appears in 1 contract

Samples: Insurance Agreement (First Investors Financial Services Group Inc)

Assignments; Reinsurance; Third-Party Rights. (a) This Insurance Agreement shall be a continuing obligation of the parties hereto and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. The Subordination AgentSeller, Xxxxx Fargo and except for any transaction expressly permitted by Section 5.02 of the applicable Class G Trust Agreement, JetBlue, Depositor may not assign any of their respective rights under this Insurance Agreement, or delegate any of their respective duties hereunder, without the prior written consent of the other parties heretoClass IIA Certificate Insurer, which consent shall not be unreasonably withheld. Any assignments made in violation of this Insurance Agreement shall be null and void. (b) The Policy Provider Class IIA Certificate Insurer shall have the right to grant participation give participations in its rights under this Insurance Agreement and to enter into contracts of reinsurance with respect to the Policies Policy upon such terms and conditions as the Policy Provider Class IIA Certificate Insurer may in its discretion determine; provided, however, that no such participation or reinsurance agreement or arrangement shall relieve the Policy Provider Class IIA Certificate Insurer of any of its obligations hereunder or under either Policy the Policy, nor shall the Seller, Xxxxx Fargo or grant the Depositor be required to deal directly with any participant or reinsurer any rights hereunder or under any Operative Agreementsuch parties. (c) Except as provided herein with respect to participants and reinsurers, nothing in this Insurance Agreement shall confer any right, remedy or claim, express or implied, upon any Person, including, particularly, any Class G CertificateholderHolder, other than the Policy Provider Class IIA Certificate Insurer against JetBluethe Seller, Xxxxx Fargo or the Depositor, or JetBlue the Seller, Xxxxx Fargo or the Depositor against the Policy ProviderClass IIA Certificate Insurer, and all the terms, covenants, conditions, promises and agreements contained herein shall be for the sole and exclusive benefit of the parties hereto and their successors and permitted assigns. Neither the Class G Trustees Trustee, the Securities Administrator nor any Class G Certificateholder Holder shall have any right to payment from the Premium any Premiums paid or payable hereunder or under the Pooling and Servicing Agreement or from any amounts paid by JetBlue the Seller pursuant to Sections 3.02 or 3.03.

Appears in 1 contract

Samples: Insurance and Indemnity Agreement (AEGIS ASSET BACKED SECURITIES TRUST Mortgage Pass-Through Certificates, Series 2004-5)

Assignments; Reinsurance; Third-Party Rights. (a) This Insurance Agreement shall be a continuing obligation of the parties hereto and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. The Subordination Agent, and except for any transaction expressly permitted by Section 5.02 8.1 of the applicable Class G Trust Intercreditor Agreement, JetBlueand, except for any transaction expressly permitted by Section 4.07 of the Trust Indenture, Continental may not assign their respective rights under this Insurance Agreement, or delegate any of their duties hereunder, without the prior written consent of the other parties hereto. Any assignments made in violation of this Insurance Agreement shall be null and void. (b) The Policy Provider shall have the right to grant participation rights in its rights under this Insurance Agreement and to enter into contracts of reinsurance with respect to the Policies Policy upon such terms and conditions as the Policy Provider may in its discretion determine; provided, however, that no such participation or reinsurance agreement or arrangement shall relieve the Policy Provider of any of its obligations hereunder or under either the Policy or grant to any participant or reinsurer any rights hereunder or under any Operative AgreementDocument. (c) Except as provided herein with respect to participants and reinsurers, nothing in this Insurance Agreement shall confer any right, remedy or claim, express or implied, upon any Person, including, particularly, any Class G Certificateholder, other than upon the Policy Provider against JetBlueContinental, or JetBlue upon Continental against the Policy Provider, and all the terms, covenants, conditions, promises and agreements contained herein shall be for the sole and exclusive benefit of the parties hereto and their successors and permitted assigns. Neither None of the Subordination Agent, the Primary Liquidity Provider, the Class G Trustees nor Trustee or any Class G Certificateholder shall have any right to payment from the Premium paid or payable hereunder or from any amounts paid by JetBlue Continental pursuant to Sections 3.02 or 3.03.

Appears in 1 contract

Samples: Insurance and Indemnity Agreement (Continental Airlines Inc /De/)

Assignments; Reinsurance; Third-Party Rights. (a) This Insurance Agreement shall be a continuing obligation of the parties hereto and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. The Subordination AgentAgent and, and except for any transaction expressly permitted by Section 5.02 of the applicable Class G Trust Agreement, JetBlueAmerican, may not assign their respective rights under this Insurance Agreement, or delegate any of their duties hereunder, without the prior written consent of the other parties hereto. Any assignments made in violation of this Insurance Agreement shall be null and void. (b) The Policy Provider shall have the right to grant participation in its rights under this Insurance Agreement and to enter into contracts of reinsurance with respect to the Policies Policy upon such terms and conditions as the Policy Provider may in its discretion determine; provided, however, that no such participation or reinsurance agreement or arrangement shall relieve the Policy Provider of any of its obligations hereunder or under either the Policy or grant to any participant or reinsurer any rights hereunder or under any Operative Agreement. (c) Except as provided herein with respect to participants and reinsurers, nothing in this Insurance Agreement shall confer any right, remedy or claim, express or implied, upon any Person, including, particularly, any Class G Certificateholder, other than the Policy Provider against JetBlueAmerican, or JetBlue American against the Policy Provider, and all the terms, covenants, conditions, promises and agreements contained herein shall be for the sole and exclusive benefit of the parties hereto and their successors and permitted assigns. Neither the Class G Trustees Trustee nor any Class G Certificateholder shall have any right to payment from the Premium paid or payable hereunder or from any amounts paid by JetBlue American pursuant to Sections 3.02 or 3.03.

Appears in 1 contract

Samples: Insurance and Indemnity Agreement (American Airlines Inc)

Assignments; Reinsurance; Third-Party Rights. (a) This Insurance Agreement shall be a continuing obligation of the parties hereto and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. The Subordination Agent, and except for any transaction expressly permitted by Section 5.02 of Neither the applicable Class G Trust Agreement, JetBlue, Sponsor nor the Company may not assign their respective its rights under this Insurance Agreement, or delegate any of their its duties hereunder, without the prior written consent of the other parties heretoFGIC. Any assignments assignment made in violation of this Insurance Agreement shall be null and void. (b) The Policy Provider FGIC shall have the right to grant participation give participations in its rights under this Insurance Agreement and to enter into contracts of reinsurance with respect to the Policies Policy upon such terms and conditions as the Policy Provider FGIC may in its discretion determine; provided, however, that no such participation or reinsurance agreement or arrangement shall relieve the Policy Provider FGIC of any of its obligations hereunder or under either Policy or grant to any participant or reinsurer any rights hereunder or under any Operative Agreementthe Policy. (c) In addition, FGIC shall be entitled to assign or pledge to any bank or other lender providing liquidity or credit with respect to the Transaction or the obligations of FGIC in connection therewith any rights of FGIC under the Transaction Documents or with respect to any real or personal property or other interests pledged to FGIC, or in which FGIC has a security interest, in connection with the Transaction. (d) Except as provided herein with respect to participants and reinsurers, nothing in this Insurance Agreement shall confer any right, remedy or claim, express or implied, upon any Person, including, particularly, any Class G Certificateholder, other than the Policy Provider against JetBlueFGIC, or JetBlue against the Policy ProviderSponsor or the Company, and all the terms, covenants, conditions, promises and agreements contained herein shall be for the sole and exclusive benefit of the parties hereto and their successors and permitted assigns. Neither the Class G Trustees Trustee nor any Class G Certificateholder shall have any right to payment from the Premium any premiums paid or payable hereunder or from any other amounts paid by JetBlue the Sponsor or the Company pursuant to Sections 3.02 Section 3.02, 3.03 or 3.033.04 hereof.

Appears in 1 contract

Samples: Insurance and Indemnity Agreement (Equivantage Acceptance Corp)

Assignments; Reinsurance; Third-Party Rights. (a) This Insurance Agreement shall be a continuing obligation of the parties hereto and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. The Subordination Agent, except as provided in Section 8.1 of the Intercreditor Agreement, and Continental, except for any transaction expressly permitted by Section 5.02 of the applicable Class G Trust Basic Agreement, JetBlue, may not assign their respective rights under this Insurance Agreement, or delegate any of their duties hereunder, without the prior written consent of the other parties hereto. Any assignments made in violation of this Insurance Agreement shall be null and void. (b) The Policy Provider shall have the right to grant participation participations in its rights under this Insurance Agreement and to enter into contracts of reinsurance with respect to the Policies upon such terms and conditions as the Policy Provider may in its discretion determine; providedPROVIDED, howeverHOWEVER, that no such participation or reinsurance agreement or arrangement shall relieve the Policy Provider of any of its obligations hereunder or under either Policy the Policies or grant to any participant or reinsurer any rights hereunder or under any Operative AgreementAgreement or shall result in any increased liability to Continental. (c) Except as provided herein with respect to participants and reinsurers, nothing in this Insurance Agreement shall confer any right, remedy or claim, express or implied, upon any Person, including, particularly, any Class G CertificateholderHolder, other than upon the Policy Provider against JetBlueContinental, or JetBlue upon Continental against the Policy ProviderProvider (either directly or as the Controlling Party), and all the terms, covenants, conditions, promises and agreements contained herein shall be for the sole and exclusive benefit of the parties hereto and their successors and permitted assigns. Neither None of the Class G Trustees nor Subordination Agent, the Primary Liquidity Provider, the Above-Cap Liquidity Provider, the Trustee or any Class G Certificateholder Holder shall have any right to payment from the Premium paid or payable hereunder or from any amounts paid by JetBlue Continental pursuant to Sections 3.02 Section 3.02, 3.03, 3.04, 3.05 or 3.033.06 hereof.

Appears in 1 contract

Samples: Insurance and Indemnity Agreement (Continental Airlines Inc /De/)

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Assignments; Reinsurance; Third-Party Rights. (a) This Insurance Agreement shall be a continuing obligation of the parties hereto and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. The Subordination Agent, and except for any transaction expressly permitted by Section 5.02 8.1 of the applicable Class G Trust Intercreditor Agreement, JetBlueand, except for any transaction expressly permitted by Section 4.07 of the Trust Indenture, JetBlue may not assign their respective rights under this Insurance Agreement, or delegate any of their duties hereunder, without the prior written consent of the other parties hereto. Any assignments made in violation of this Insurance Agreement shall be null and void. (b) The Policy Provider shall have the right to grant participation rights in its rights under this Insurance Agreement and to enter into contracts of reinsurance with respect to the Policies Policy upon such terms and conditions as the Policy Provider may in its discretion determine; provided, however, that no such participation or reinsurance agreement or arrangement shall relieve the Policy Provider of any of its obligations hereunder or under either the Policy or grant to any participant or reinsurer any rights hereunder or under any Operative Agreement. (c) Except as provided herein with respect to participants and reinsurers, nothing in this Insurance Agreement shall confer any right, remedy or claim, express or implied, upon any Person, including, particularly, any Class G G-1 Certificateholder, other than upon the Policy Provider against JetBlue, or upon JetBlue against the Policy Provider, and all the terms, covenants, conditions, promises and agreements contained herein shall be for the sole and exclusive benefit of the parties hereto and their successors and permitted assigns. Neither None of the Subordination Agent, the Class G Trustees nor G-1 Primary Liquidity Provider, the Class G-1 Trustee or any Class G G-1 Certificateholder shall have any right to payment from the Premium paid or payable hereunder or from any amounts paid by JetBlue pursuant to Sections 3.02 or 3.03.

Appears in 1 contract

Samples: Insurance and Indemnity Agreement (Jetblue Airways Corp)

Assignments; Reinsurance; Third-Party Rights. (a) This Insurance Agreement shall be a continuing obligation of the parties hereto and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. The Subordination Agent, and except for any transaction expressly permitted by Section 5.02 of the applicable Class G Trust Agreement, JetBlue, Company may not assign their respective its rights under this Insurance Agreement, or delegate any of their its duties hereunder, without the prior written consent of the other parties heretoFSA. Any assignments assignment made in violation of this Insurance Agreement shall be null and void. (b) The Policy Provider FSA shall have the right to grant participation give participations in its rights under this Insurance Agreement and to enter into contracts of reinsurance with respect to the Policies Policy upon such terms and conditions as the Policy Provider FSA may in its discretion determine; provided, however, that no such participation or reinsurance agreement or arrangement shall relieve the Policy Provider FSA of any of its obligations hereunder or under either Policy or grant to any participant or reinsurer any rights hereunder or under any Operative Agreementthe Policy. (c) In addition, FSA shall be entitled to assign or pledge to any bank or other lender providing liquidity or credit with respect to the Transaction or the obligations of FSA in connection therewith any rights of FSA under the Related Documents or with respect to any real or personal property or other interests pledged to FSA, or in which FSA has a security interest, in connection with the Transaction. (d) Except as provided herein with respect to participants and reinsurers, nothing in this Insurance Agreement shall confer any right, remedy or claim, express or implied, upon any Person, including, particularly, any Class G CertificateholderOwner, other than the Policy Provider against JetBlueFSA, or JetBlue against the Policy ProviderCompany, and all the terms, covenants, conditions, promises and agreements contained herein shall be for the sole and exclusive benefit of the parties hereto and their successors and permitted assigns. Neither the Class G Trustees Trustee nor any Class G Certificateholder Owner shall have any right to payment from the Premium any premiums paid or payable hereunder or from any other amounts paid by JetBlue the Company pursuant to Sections 3.02 Section 3.02, 3.03 or 3.033.04 hereof.

Appears in 1 contract

Samples: Insurance and Indemnity Agreement (Accredited Home Lenders Inc)

Assignments; Reinsurance; Third-Party Rights. (a) This Insurance Agreement shall be a continuing obligation of the parties hereto and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. The Subordination Agent, and except for any transaction expressly permitted by Section 5.02 of the applicable Class G Trust Agreement, JetBlueAmerica West, may not assign their respective rights under this Insurance Agreement, or delegate any of their duties hereunder, without the prior written consent of the other parties hereto. Any assignments made in violation of this Insurance Agreement shall be null and void. (b) The Policy Provider shall have the right to grant participation participations in its rights under this Insurance Agreement and to enter into contracts of reinsurance with respect to the Policies Policy upon such terms and conditions as the Policy Provider may in its discretion determine; provided, however, that no such participation or reinsurance agreement or arrangement shall relieve the Policy Provider of any of its obligations hereunder or under either the Policy or grant to any participant or reinsurer any rights hereunder or under any Operative Agreement. (c) Except as provided herein with respect to participants and reinsurers, nothing in this Insurance Agreement shall confer any right, remedy or claim, express or implied, upon any Person, including, particularly, any Class G CertificateholderHolder, other than the Policy Provider against JetBlueAmerica West, or JetBlue America West against the Policy Provider, and all the terms, covenants, conditions, promises and agreements contained herein shall be for the sole and exclusive benefit of the parties hereto and their successors and permitted assigns. Neither the Class G Trustees Trustee nor any Class G Certificateholder Holder shall have any right to payment from the Premium paid or payable hereunder or from any amounts paid by JetBlue America West pursuant to Sections 3.02 or 3.03.

Appears in 1 contract

Samples: Insurance and Indemnity Agreement (America West Airlines Inc)

Assignments; Reinsurance; Third-Party Rights. (a) This Insurance Agreement shall be a continuing obligation of the parties hereto and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. The Subordination Agent, and except for any transaction expressly permitted by Section 5.02 Neither of the applicable Class G Trust AgreementDepositor, JetBluethe Seller, the Company nor the Issuer may not assign their respective its rights under this Insurance Agreement, or delegate any of their its duties hereunder, without the prior written consent of the other parties heretoFSA. Any assignments assignment made in violation of this Insurance Agreement shall be null and void. (b) The Policy Provider FSA shall have the right to grant participation give participations in its rights under this Insurance Agreement and to enter into contracts of reinsurance with respect to the Policies Policy upon such terms and conditions as the Policy Provider FSA may in its discretion determine; provided, however, that no such participation or reinsurance agreement or arrangement shall relieve the Policy Provider FSA of any of its obligations hereunder or under either Policy or grant to any participant or reinsurer any rights hereunder or under any Operative Agreementthe Policy. (c) In addition, FSA shall be entitled to assign or pledge to any bank or other lender providing liquidity or credit with respect to the Transaction or the obligations of FSA in connec tion therewith any rights of FSA under the Transaction Documents or with respect to any real or personal property or other interests pledged to FSA, or in which FSA has a security interest, in connection with the Transaction. (d) Except as provided herein with respect to participants and reinsurers, nothing in this Insurance Agreement shall confer any right, remedy or claim, express or implied, upon any Person, including, particularly, any Class G CertificateholderObligationholder, other than the Policy Provider against JetBlueFSA, or JetBlue against the Policy ProviderDepositor, the Seller, the Company or the Issuer, and all the terms, covenants, conditions, promises and agreements contained herein shall be for the sole and exclusive benefit of the parties hereto and their successors and permitted assigns. Neither the Class G Trustees nor Indenture Trustee or any Class G Certificateholder Obligationholder shall have any right to payment from the Premium any premiums paid or payable hereunder or from any other amounts paid by JetBlue the Depositor, the Seller, the Company or the Issuer pursuant to Sections 3.02 Section 3.02, 3.03 or 3.033.04 hereof.

Appears in 1 contract

Samples: Insurance and Indemnity Agreement (Bear Stearns Asset Backed Securities Inc)

Assignments; Reinsurance; Third-Party Rights. (a) This Insurance Agreement shall be a continuing obligation of the parties hereto and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. The Subordination Agent, except as provided in Section 7.01 of the Intercreditor Agreement, and American, except for any transaction expressly permitted by Section 5.02 of the applicable Class G Trust Basic Agreement, JetBlue, may not assign their respective rights under this Insurance Agreement, or delegate any of their duties hereunder, without the prior written consent of the other parties hereto. The Policy Provider, except as set forth in subsection (b) of this Section 4.04, may not assign its rights under this Insurance Agreement or delegate any of its duties hereunder without the prior written consent of the other parties hereto. Any assignments made in violation of this Insurance Agreement shall be null and void. (b) The Policy Provider shall have the right to grant participation participations in its rights under this Insurance Agreement and to enter into contracts of reinsurance with respect to the Policies Policy upon such terms and conditions as the Policy Provider may in its discretion determine; provided, however, that no such participation or reinsurance agreement or arrangement shall relieve the Policy Provider of any of its obligations hereunder or under either the Policy or grant to any participant or reinsurer any rights hereunder or under any Operative Agreement, and neither American nor any other party to any Operative Agreement shall be required to pay the Policy Provider hereunder or under any other Operative Agreement any amount greater than it would have been required to pay had there been no such participation or reinsurance. (c) Except as provided herein with respect to participants and reinsurers, nothing in this Insurance Agreement shall confer any right, remedy or claim, express or implied, upon any Person, including, particularly, any Class G CertificateholderHolder, other than upon the Policy Provider against JetBlueAmerican, or JetBlue upon American against the Policy ProviderProvider (either directly or as the Controlling Party), and all the terms, covenants, conditions, promises and agreements contained herein shall be for the sole and exclusive benefit of the parties hereto and their successors and permitted assigns. Neither None of the Subordination Agent, the Class G Trustees nor Liquidity Provider, the Trustee or any Class G Certificateholder Holder shall have any right to payment from the Premium paid or payable hereunder or from any amounts paid by JetBlue American pursuant to Sections 3.02 Section 3.02, 3.03, 3.04, 3.05 or 3.033.06 hereof.

Appears in 1 contract

Samples: Insurance and Indemnity Agreement (American Airlines Inc)

Assignments; Reinsurance; Third-Party Rights. (a) This Insurance Agreement shall be a continuing obligation of the parties hereto and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. The Subordination AgentExcept with respect to or in connection with a merger or other transaction permitted under Section 2.03(c), 2.06(c), 2.09(c) and except for any transaction expressly permitted by Section 5.02 of 2.12(c) hereof, the applicable Class G Trust AgreementIssuer, JetBluethe Sponsor, the Originator, the Servicer, the Sub-Servicer, the Company and the Seller may not assign their respective rights under this Insurance Agreement, or delegate any of their its duties hereunder, without the prior written consent of the other parties heretoNote Insurer. Any assignments made in violation of this Insurance Agreement shall be null and void. (b) The Policy Provider Note Insurer shall have the right to grant participation give participations in its rights under this Insurance Agreement and to enter into contracts of reinsurance with respect to the Policies Policy upon such terms and conditions as the Policy Provider Note Insurer may in its discretion determine; provided, however, that no such participation or reinsurance agreement or arrangement shall relieve the Policy Provider 55 Note Insurer of any of its obligations hereunder or under either the Policy and provided further that any reinsurer or grant to any participant or reinsurer will not have any rights against the Trust, the Issuer, the Sponsor, the Originator, the Servicer, the Sub-Servicer, the Company, the Seller, the Holders of the Notes or the Indenture Trustee and that the Trust, the Issuer, the Sponsor, the Originator, the Servicer, the Sub-Servicer, the Company, the Seller, the Holders of the Notes and the Indenture Trustee shall have no obligation to have any communication or relationship with any reinsurer or participant in order to enforce the obligations of the Note Insurer hereunder or and under any Operative Agreementthe Policy. (c) Except as provided herein with respect to participants and reinsurers, nothing in this Insurance Agreement shall confer any right, remedy or claim, express or implied, upon any Person, including, particularly, any Class G CertificateholderHolder, other than the Policy Provider against JetBlue, or JetBlue Note Insurer against the Policy ProviderIssuer, the Sponsor, the Originator, the Servicer, the Sub-Servicer, the Company and the Seller or the Issuer, the Sponsor, the Originator, the Servicer, the Sub-Servicer, the Company and the Seller against the Note Insurer and all the terms, covenants, conditions, promises and agreements contained herein shall be for the sole and exclusive benefit of the parties hereto and their successors and permitted assigns. Neither the Class G Trustees Indenture Trustee nor any Class G Certificateholder Holder shall have any right to payment from the Premium any Premiums paid or payable hereunder or under the Indenture or from any amounts paid by JetBlue the Issuer, the Sponsor, the Originator, the Servicer, the Sub-Servicer, the Company and the Seller pursuant to Sections 3.02 or 3.03.

Appears in 1 contract

Samples: Insurance and Indemnity Agreement (Residential Asset Funding Corp)

Assignments; Reinsurance; Third-Party Rights. (a) This Insurance Agreement shall be a continuing obligation of the parties hereto and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. The Subordination Agent, EOI and except for any transaction expressly permitted by Section 5.02 of the applicable Class G Trust Agreement, JetBlue, Depositor may not assign their respective its rights under this Insurance Agreement, or delegate any of their its duties hereunder, without the prior written consent of the other parties heretoInsurer. Any assignments made in violation of this Insurance Agreement shall be null and void. (b) The Policy Provider Insurer shall have the right to grant participation give participations in its rights under this Insurance Agreement and to enter into contracts of reinsurance with respect to the Policies Policy upon such terms and conditions as the Policy Provider Insurer may in its discretion determine; provided, however, that no such participation or reinsurance agreement or arrangement shall relieve the Policy Provider Insurer of any of its obligations hereunder or under either Policy or grant to any participant or reinsurer any rights hereunder or under any Operative Agreementthe Policy. (c) Except as provided herein with respect to participants and reinsurers, nothing in this Insurance Agreement shall confer any right, remedy or claim, express or implied, upon any Person, including, particularly, any Class G CertificateholderHolder, other than the Policy Provider Insurer against JetBlueEOI, any Affiliated Seller or the Depositor, or JetBlue EOI, any Affiliated Seller or the Depositor against the Policy Provider, Insurer and all the terms, covenants, conditions, promises and agreements contained herein shall be for the sole and exclusive benefit of the parties hereto and their successors and permitted assigns. Neither the Class G Trustees Trustee nor any Class G Certificateholder Holder shall have any right to payment from the Premium any Premiums paid or payable hereunder or under the P & S Agreement or from any amounts paid by JetBlue EOI pursuant to Sections 3.02 or 3.03.

Appears in 1 contract

Samples: Insurance and Indemnity Agreement (Equity One Abs Inc)

Assignments; Reinsurance; Third-Party Rights. (a) This Insurance Agreement shall be a continuing obligation of the parties hereto and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. The Subordination Agent, and except for any transaction expressly permitted by Section 5.02 of Neither the applicable Class G Trust Agreement, JetBlue, Depositor nor the Company may not assign their respective its rights under this Insurance Agreement, or delegate any of their its duties hereunder, without the prior written consent of the other parties heretoFSA. Any assignments assignment made in violation of this Insurance Agreement shall be null and void. (b) The Policy Provider FSA shall have the right to grant participation give participations in its rights under this Insurance Agreement and to enter into contracts of reinsurance with respect to the Policies Policy upon such terms and conditions as the Policy Provider FSA may in its discretion determine; provided, however, that no such participation or reinsurance agreement or arrangement shall relieve the Policy Provider FSA of any of its obligations hereunder or under either Policy or grant to any participant or reinsurer any rights hereunder or under any Operative Agreementthe Policy. (c) In addition, FSA shall be entitled to assign or pledge to any bank or other lender providing liquidity or credit with respect to the Transaction or the obligations of FSA in connection therewith any rights of FSA under the Transaction Documents or with respect to any real or personal property or other interests pledged to FSA, or in which FSA has a security interest, in connection with the Transaction. (d) Except as provided herein with respect to participants and reinsurers, nothing in this Insurance Agreement shall confer any right, remedy or claim, express or implied, upon any Person, including, particularly, any Class G Certificateholder, other than the Policy Provider against JetBlueFSA, or JetBlue against the Policy ProviderDepositor or the Company, and all the terms, covenants, conditions, promises and agreements contained herein shall be for the sole and exclusive benefit of the parties hereto and their successors and permitted assigns. Neither the Class G Trustees nor Trustee or any Class G Certificateholder shall have any right to payment from the Premium any premiums paid or payable hereunder or from any other amounts paid by JetBlue the Depositor or the Company pursuant to Sections 3.02 Section 3.02, 3.03 or 3.033.04 hereof.

Appears in 1 contract

Samples: Insurance and Indemnity Agreement (Prudential Securities Secured Financing Corp)

Assignments; Reinsurance; Third-Party Rights. (a) This Insurance Agreement shall be a continuing obligation of the parties hereto and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. The Subordination Agent, and except for any transaction expressly permitted by Section 5.02 None of the applicable Class G Trust Agreement, JetBlue, Provider Entities may not assign their respective its rights or obligations under this Insurance Agreement, or delegate any of their its duties hereunder, without the prior written consent of the other parties heretoXLCA. Any assignments assignment made in violation of this Insurance Agreement shall be null and void. (b) The Policy Provider XLCA shall have the right to grant participation in its rights under this Insurance Agreement and to enter into contracts of reinsurance with respect to the Policies Policy upon such terms and conditions as the Policy Provider XLCA may in its discretion determine; providedPROVIDED, howeverHOWEVER, that no such participation or reinsurance agreement or arrangement shall relieve the Policy Provider XLCA of any of its obligations hereunder or under either the Policy or grant to any participant or shall give such reinsurer any direct rights hereunder or under any Operative Agreementas against the Provider Entities. (c) Except as provided herein with respect to participants and reinsurers, nothing Nothing in this Insurance Agreement shall confer any right, remedy or claim, express or implied, upon any Person, including, particularly, any Class G Certificateholder, other than the Policy Provider against JetBlue, or JetBlue against the Policy Providerparties hereto, and all the terms, covenants, conditions, promises and agreements contained herein shall be for the sole and exclusive benefit of the parties hereto and their successors and permitted assigns. Neither . (d) Any party assigning rights or obligations hereunder shall provide prompt written notice to the Class G Trustees nor any Class G Certificateholder shall have any right to payment from Rating Agencies of such action specifying the Premium paid or payable hereunder or from any amounts paid by JetBlue pursuant to Sections 3.02 or 3.03rights and obligations assigned and the assignee.

Appears in 1 contract

Samples: Insurance and Indemnity Agreement (Security Capital Assurance LTD)

Assignments; Reinsurance; Third-Party Rights. (a) This Insurance Agreement shall be a continuing obligation of the parties hereto and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. The Subordination Agent, provided, however, that the representations and except for any transaction expressly permitted by Section 5.02 warranties of the applicable Class G Trust Agreement, JetBlue, Originator shall not be binding upon any Successor Servicer. Neither the Seller nor the Originator may not assign their respective its rights under this Insurance Agreement, or delegate any of their its duties hereunder, without the prior written consent of the other parties heretoFSA. Any assignments assignment made in violation of this Insurance Agreement shall be null and void. (b) The Policy Provider FSA shall have the right to grant participation give participations in its rights under this Insurance Agreement and to enter into contracts of reinsurance with respect to the Policies Policy upon such terms and conditions as the Policy Provider FSA may in its discretion determine; provided, however, that no such participation or reinsurance agreement or arrangement shall relieve the Policy Provider FSA of any of its obligations hereunder or under either Policy or grant to any participant or reinsurer any rights hereunder or under any Operative Agreementthe Policy. (c) In addition, FSA shall be entitled to assign or pledge to any bank or other lender providing liquidity or credit with respect to the Transaction or the obligations of FSA in connection therewith any rights of FSA under the Transaction Documents or with respect to any real or personal property or other interests pledged to FSA, or in which FSA has a security interest, in connection with the Transaction. (d) Except as provided herein with respect to participants and reinsurers, nothing in this Insurance Agreement shall confer any right, remedy or claim, express or implied, upon any Person, including, particularly, any Class G Certificateholder, other than FSA, against the Policy Provider against JetBlueSeller, or JetBlue against the Policy ProviderOriginator, and all the terms, covenants, conditions, promises and agreements contained herein shall be for the sole and exclusive benefit of the parties hereto and their successors and permitted assigns. Neither the Class G Trustees Trustee nor any Class G Certificateholder shall have any right to payment from the Premium any premiums paid or payable hereunder or from any other amounts paid by JetBlue the Seller, or the Originator pursuant to Sections 3.02 Section 3.02, 3.03 or 3.033.04 hereof.

Appears in 1 contract

Samples: Insurance and Indemnity Agreement (Conseco Finance Corp)

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