Common use of Assumption or Termination of Subservicing Agreements by Master Servicer Clause in Contracts

Assumption or Termination of Subservicing Agreements by Master Servicer. In the event the Servicer at any time shall for any reason no longer be the Servicer (including by reason of the occurrence of an Event of Default), the Master Servicer, or its designee or the successor servicer if the successor is not the Master Servicer, shall thereupon assume all of the rights and obligations of the Servicer under each Subservicing Agreement that the Servicer may have entered into, with copies thereof provided to the Master Servicer or the successor servicer if the successor is not the Master Servicer, prior to the Master Servicer or the successor servicer if the successor is not the Master Servicer, assuming such rights and obligations, unless the Master Servicer elects to terminate any Subservicing Agreement in accordance with its terms as provided in Section 3.03. Upon such assumption, the Master Servicer, its designee or the successor servicer shall be deemed, subject to Section 3.03, to have assumed all of the Servicer’s interest therein and to have replaced the Servicer as a party to each Subservicing Agreement to the same extent as if each Subservicing Agreement had been assigned to the assuming party, except that (i) the Servicer shall not thereby be relieved of any liability or obligations under any Subservicing Agreement that arose before it ceased to be the Servicer and (ii) none of the Trustee, the Depositor, the Master Servicer, the Securities Administrator, their designees or any successor servicer shall be deemed to have assumed any liability or obligation of the Servicer that arose before it ceased to be the Servicer. The Servicer at its expense shall, upon request of the Master Servicer, its designee or the successor servicer deliver to the assuming party all documents and records relating to the Subservicing Agreement and the Mortgage Loans then being serviced and an accounting of amounts collected and held by or on behalf of it, and otherwise use its best efforts to effect the orderly and efficient transfer of the Subservicing Agreements to the assuming party.

Appears in 14 contracts

Samples: Pooling and Servicing Agreement (Structured Asset Securities Corp), Pooling and Servicing Agreement (HSI Asset Loan Obligation Trust 2007-Wf1), Pooling and Servicing Agreement (Hsi Asset Securitization Corp Trust 2007-Opt1)

AutoNDA by SimpleDocs

Assumption or Termination of Subservicing Agreements by Master Servicer. In the event the a Servicer at any time shall for any reason no longer be the a Servicer (including by reason of the occurrence of an Event of Default), the Master Servicer, or its designee designee, or the successor servicer Servicer if the successor Servicer is not the Master Servicer, shall shall, subject to the rights of the Servicing Rights Pledgee, thereupon assume all of the rights and obligations of the such Servicer under each Subservicing Agreement that the such Servicer may have entered into, with copies thereof provided to the Master Servicer or the successor servicer if the successor is not the Master Servicer, prior to the Master Servicer or the successor servicer if the successor is not the Master Servicer, assuming such rights and obligations, unless the Master Servicer elects to terminate any Subservicing Agreement in accordance with its terms as provided in Section 3.03. Upon such assumption, the Master Servicer, its designee or the successor servicer shall be deemed, subject to Section 3.03, to have assumed all of the such Servicer’s 's interest therein and to have replaced the such Servicer as a party to each Subservicing Agreement to the same extent as if each Subservicing Agreement had been assigned to the assuming party, except that (i) the such Servicer shall not thereby be relieved of any liability or obligations under any Subservicing Agreement that arose before it ceased to be the a Servicer and (ii) none of the Trustee, the Depositor, the Master Servicer, the Securities AdministratorTrustee, their designees or any successor servicer Servicer shall be deemed to have assumed any liability or obligation of the such Servicer that arose before it ceased to be the a Servicer. The Each Servicer at its expense shall, upon request of the Master Servicer, its designee or the successor servicer deliver to the assuming party all documents and records relating to the each Subservicing Agreement and the Mortgage Loans then being serviced and an accounting of amounts collected and held by or on behalf of it, and otherwise use its best efforts to effect the orderly and efficient transfer of the Subservicing Agreements to the assuming party.

Appears in 8 contracts

Samples: Pooling and Servicing Agreement (GSAMP Trust 2006-He3), Pooling and Servicing Agreement (GSAMP Trust 2006-He8), Pooling and Servicing Agreement (GSAMP Trust 2006-He7)

Assumption or Termination of Subservicing Agreements by Master Servicer. In (a) If the event Master Servicer or a successor Servicer shall assume the servicing obligations of the Servicer at any time shall for any reason no longer be the Servicer (including by reason of the occurrence of an Event of Default)in accordance with Section 6.02 below, the Master Servicer or successor Servicer, or its designee or to the successor servicer if the successor is not extent necessary to permit the Master ServicerServicer to carry out the provisions of Section 6.02 with respect to the Mortgage Loans, shall thereupon assume succeed to all of the rights and obligations of the Servicer under each of the Subservicing Agreement that the Servicer may have entered intoAgreements, unless such Subservicing Agreements are terminated in accordance with copies thereof provided to Section 3.02(a) hereof. If such Subservicing Agreements are not terminated, the Master Servicer or its designee as the successor servicer if the successor is not the Master Servicer, prior to the Master Servicer or the successor servicer if the successor is not the Master Servicer, assuming such rights and obligations, unless the Master Servicer elects to terminate any Subservicing Agreement in accordance with its terms as provided in Section 3.03. Upon such assumption, the Master Servicer, its designee or the successor master servicer shall be deemed, subject to Section 3.03, deemed to have assumed all of the Servicer’s interest rights and obligations therein and to have replaced the Servicer as a party to each such Subservicing Agreement Agreements to the same extent as if each such Subservicing Agreement Agreements had been assigned to the assuming partyMaster Servicer or its designee as a successor master servicer, except that the Master Servicer or its designee as a successor Servicer shall not be deemed to have assumed any obligations or liabilities of the Servicer arising prior to such assumption (iother than the obligation to make Monthly Advances) and the Servicer shall not thereby be relieved of any liability or obligations under any such Subservicing Agreement that arose before it ceased Agreements arising prior to be such assumption. Nothing in the Servicer and (ii) none of the Trustee, the Depositor, the Master Servicer, the Securities Administrator, their designees or any successor servicer foregoing shall be deemed to have assumed entitle the Master Servicer or its designee as a successor Servicer at any liability or obligation time to receive any portion of the servicing compensation provided under Section 3.15 except for such portion as the Servicer that arose before it ceased would be entitled to be the Servicer. The Servicer at its expense shall, upon request of the Master Servicer, its designee or the successor servicer deliver to the assuming party all documents and records relating to the Subservicing Agreement and the Mortgage Loans then being serviced and an accounting of amounts collected and held by or on behalf of it, and otherwise use its best efforts to effect the orderly and efficient transfer of the Subservicing Agreements to the assuming partyreceive.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (American Home Mortgage Assets Trust 2005-1), Pooling and Servicing Agreement (American Home Mortgage Assets Trust 2005-2), Pooling and Servicing Agreement (American Home Mortgage Assets Trust 2006-2)

Assumption or Termination of Subservicing Agreements by Master Servicer. In the event the a Servicer at any time shall for any reason no longer be the a Servicer (including by reason of the occurrence of an Event of Default), the Master Servicer, or its designee designee, or the another successor servicer Servicer if the successor is not the Master Servicer, shall thereupon assume all of the rights and obligations of the such Servicer under each Subservicing Agreement that the such Servicer may have entered into, with copies thereof provided to the Master Servicer, or another successor Servicer or the successor servicer if the successor is not the Master Servicer, prior to the Master Servicer, or such other successor Servicer or the successor servicer if the successor is not the Master Servicer, assuming such rights and obligations, unless the Master Servicer elects to terminate any Subservicing Agreement in accordance with its terms as provided in Section 3.03. Upon such assumption, the Master Servicer, its designee or the successor servicer Servicer shall be deemed, subject to Section 3.03, to have assumed all of the such Servicer’s 's interest therein and to have replaced the such Servicer as a party to each Subservicing Agreement to which the predecessor servicer was a party to the same extent as if each Subservicing Agreement had been assigned to the assuming party, except that (i) the such Servicer shall not thereby be relieved of any liability or obligations under any such Subservicing Agreement that arose before it ceased to be the a Servicer and (ii) none of the Trustee, the Depositor, the Master Servicer, the Securities AdministratorTrustee, their designees or any successor servicer to such Servicer shall be deemed to have assumed any liability or obligation of the such Servicer that arose before it ceased to be the a Servicer. The Each Servicer at its expense shall, upon request of the Master Servicer, its designee or the successor servicer deliver to the assuming party all documents and records relating to the each Subservicing Agreement to which it is a party and the Mortgage Loans then being serviced by it and an accounting of amounts collected and held by or on behalf of it, and otherwise use its best efforts to effect the orderly and efficient transfer of the Subservicing Agreements to the assuming party.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2007-Nc2), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2007-Nc3), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2007-Nc2)

Assumption or Termination of Subservicing Agreements by Master Servicer. In the event the Servicer at any time shall for any reason no longer be the Servicer (including by reason of the occurrence of an Event of Default), the Master Servicer, or its designee designee, or the successor servicer Servicer if the successor Servicer is not the Master Servicer, shall shall, thereupon assume all of the rights and obligations of the Servicer under each Subservicing Agreement that the Servicer may have entered into, with copies thereof provided to the Master Servicer or the successor servicer if the successor is not the Master Servicer, prior to the Master Servicer or the successor servicer if the successor is not the Master Servicer, assuming such rights and obligations, unless the Master Servicer elects to terminate any Subservicing Agreement in accordance with its terms as provided in Section 3.03. Upon such assumption, the Master Servicer, its designee or the successor servicer shall be deemed, subject to Section 3.03, to have assumed all of the Servicer’s 's interest therein and to have replaced the Servicer as a party to each Subservicing Agreement to the same extent as if each Subservicing Agreement had been assigned to the assuming party, except that (i) the Servicer shall not thereby be relieved of any liability or obligations under any Subservicing Agreement that arose before it ceased to be the Servicer and (ii) none of the Trustee, the Depositor, the Master Servicer, the Securities AdministratorTrustee, their designees or any successor servicer Servicer shall be deemed to have assumed any liability or obligation of the Servicer that arose before it ceased to be the Servicer. The Servicer at its expense shall, upon request of the Master Servicer, its designee or the successor servicer deliver to the assuming party all documents and records relating to the each Subservicing Agreement and the Mortgage Loans then being serviced and an accounting of amounts collected and held by or on behalf of it, and otherwise use its best efforts to effect the orderly and efficient transfer of the Subservicing Agreements to the assuming party.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (GSAMP Trust 2007-Fm2), Pooling and Servicing Agreement (GSAMP Trust 2007-Fm1), Pooling and Servicing Agreement (GSAMP Trust 2006-Fm3)

Assumption or Termination of Subservicing Agreements by Master Servicer. In (a) If the event Master Servicer or a successor servicer shall assume the servicing obligations of the Servicer at any time shall for any reason no longer be the Servicer (including by reason of the occurrence of an Event of Default)in accordance with Section 6.02 below, the Master ServicerServicer or successor servicer, or its designee or to the successor servicer if the successor is not extent necessary to permit the Master ServicerServicer to carry out the provisions of Section 6.02 with respect to the Mortgage Loans, shall thereupon assume succeed to all of the rights and obligations of the Servicer under each of the Subservicing Agreement that the Servicer may have entered intoAgreements, unless such Subservicing Agreements are terminated in accordance with copies thereof provided to Section 3.02(a) hereof. If such Subservicing Agreements are not terminated, the Master Servicer or its designee as the successor servicer if the successor is not the Master Servicer, prior to the Master Servicer or the successor servicer if the successor is not the Master Servicer, assuming such rights and obligations, unless the Master Servicer elects to terminate any Subservicing Agreement in accordance with its terms as provided in Section 3.03. Upon such assumption, the Master Servicer, its designee or the successor master servicer shall be deemed, subject to Section 3.03, deemed to have assumed all of the Servicer’s interest rights and obligations therein and to have replaced the Servicer as a party to each such Subservicing Agreement Agreements to the same extent as if each such Subservicing Agreement Agreements had been assigned to the assuming partyMaster Servicer or its designee as a successor master servicer, except that the Master Servicer or its designee as a successor servicer shall not be deemed to have assumed any obligations or liabilities of the Servicer arising prior to such assumption (iother than the obligation to make Monthly Advances) and the Servicer shall not thereby be relieved of any liability or obligations under any such Subservicing Agreement that arose before it ceased Agreements arising prior to be such assumption. Nothing in the Servicer and (ii) none of the Trustee, the Depositor, the Master Servicer, the Securities Administrator, their designees or any successor servicer foregoing shall be deemed to have assumed entitle the Master Servicer or its designee as a successor servicer at any liability or obligation time to receive any portion of the servicing compensation provided under Section 3.15 except for such portion as the Servicer that arose before it ceased would be entitled to be the Servicer. The Servicer at its expense shall, upon request of the Master Servicer, its designee or the successor servicer deliver to the assuming party all documents and records relating to the Subservicing Agreement and the Mortgage Loans then being serviced and an accounting of amounts collected and held by or on behalf of it, and otherwise use its best efforts to effect the orderly and efficient transfer of the Subservicing Agreements to the assuming partyreceive.

Appears in 4 contracts

Samples: Servicing Agreement (American Home Mortgage Investment Trust 2006-3), Servicing Agreement (American Home Mortgage Investment Trust 2007-1), Servicing Agreement (American Home Mortgage Investment Trust 2007-1)

Assumption or Termination of Subservicing Agreements by Master Servicer. In the event the Servicer at any time shall for any reason no longer be the Servicer (including by reason of the occurrence of an Event of Default), the Master Servicer, or its designee designee, or the successor servicer Servicer if the successor Servicer is not the Master Servicer, shall thereupon assume all of the rights and obligations of the Servicer under each Subservicing Agreement that the Servicer may have entered into, with copies thereof provided to the Master Servicer or the successor servicer if the successor is not the Master Servicer, prior to the Master Servicer or the successor servicer if the successor is not the Master Servicer, assuming such rights and obligations, unless the Master Servicer elects to terminate any Subservicing Agreement in accordance with its terms as provided in Section 3.03. Upon such assumption, the Master Servicer, its designee or the successor servicer shall be deemed, subject to Section 3.03, to have assumed all of the Servicer’s 's interest therein and to have replaced the Servicer as a party to each Subservicing Agreement to the same extent as if each Subservicing Agreement had been assigned to the assuming party, except that (i) the Servicer shall not thereby be relieved of any liability or obligations under any Subservicing Agreement that arose before it ceased to be the Servicer and (ii) none of the Trustee, the Depositor, the Master Servicer, the Securities AdministratorTrustee, their designees or any successor servicer Servicer shall be deemed to have assumed any liability or obligation of the Servicer that arose before it ceased to be the Servicer. The Servicer at its expense shall, upon request of the Master Servicer, its designee or the successor servicer deliver to the assuming party all documents and records relating to the each Subservicing Agreement and the Mortgage Loans then being serviced and an accounting of amounts collected and held by or on behalf of it, and otherwise use its best efforts to effect the orderly and efficient transfer of the Subservicing Agreements to the assuming party.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (GSAMP Trust 2007-He1), Pooling and Servicing Agreement (GSAMP Trust 2005-He6), Pooling and Servicing Agreement (GSAMP Trust 2007-He2)

Assumption or Termination of Subservicing Agreements by Master Servicer. In the event the a Servicer at any time shall for any reason no longer be the a Servicer (including by reason of the occurrence of an Event of Default), the Master Servicer, or its designee designee, or the successor servicer if the successor is not the Master Servicer, shall thereupon assume all of the rights and obligations of the such Servicer under each Subservicing Agreement that the such Servicer may have entered into, with copies thereof provided to the Master Servicer Servicer, or the successor servicer if the successor is not the Master Servicer, prior to the Master Servicer Servicer, or the successor servicer if the successor is not the Master Servicer, assuming such rights and obligations, unless the Master Servicer elects to terminate any Subservicing Agreement in accordance with its terms as provided in Section 3.03. Upon such assumption, the Master Servicer, its designee or the successor servicer Servicer shall be deemed, subject to Section 3.03, to have assumed all of the such Servicer’s 's interest therein and to have replaced the such Servicer as a party to each Subservicing Agreement to which the predecessor servicer was a party to the same extent as if each Subservicing Agreement had been assigned to the assuming party, except that (i) the such Servicer shall not thereby be relieved of any liability or obligations under any such Subservicing Agreement that arose before it ceased to be the a Servicer and (ii) none of the Trustee, the Depositor, the Master Servicer, the Securities AdministratorTrustee, their designees or any successor servicer to such Servicer shall be deemed to have assumed any liability or obligation of the such Servicer that arose before it ceased to be the a Servicer. The Each Servicer at its expense shall, upon request of the Master Servicer, its designee or the successor servicer Servicer deliver to the assuming party all documents and records relating to the each Subservicing Agreement to which it is a party and the Mortgage Loans then being serviced by it and an accounting of amounts collected and held by or on behalf of it, and otherwise use its best efforts to effect the orderly and efficient transfer of the Subservicing Agreements to the assuming party.

Appears in 3 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-He8), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2007-He7), Assignment and Recognition Agreement (Morgan Stanley Home Equity Loan Trust 2007-2)

Assumption or Termination of Subservicing Agreements by Master Servicer. In the event the Servicer at any time shall for any reason no longer be the Servicer (including by reason of the occurrence of an Event of Default), the Master Servicer (or, if the Master Servicer and the Servicer are the same entity, the Trustee (as successor Master Servicer)), or its designee or the other successor servicer if the successor is not the Master Servicerservicer, shall thereupon assume all of the rights and obligations of the Servicer under each Subservicing Agreement that the Servicer may have entered into, with copies thereof provided to the Master Servicer or Servicer, the Trustee (as successor servicer if the successor is not the Master Servicer) or other successor servicer, as applicable, prior to the Master Servicer or the successor servicer if the successor is not the Master Servicer, such party assuming such rights and obligations, unless the Master Servicer such party elects to terminate any Subservicing Agreement in accordance with its terms as provided in Section 3.03. Upon such assumption, the Master Servicer, its designee the Trustee (as successor Master Servicer) or the other successor servicer servicer, as applicable, shall be deemed, subject to Section 3.03, to have assumed all of the Servicer’s interest therein and to have replaced the Servicer as a party to each Subservicing Agreement to the same extent as if each Subservicing Agreement had been assigned to the assuming party, except that (i) the Servicer shall not thereby be relieved of any liability or obligations under any Subservicing Agreement that arose before it ceased to be the Servicer and (ii) none of the Trustee, the Depositor, the Master Servicer, the Securities Administrator, their designees or any successor servicer shall be deemed to have assumed any liability or obligation of the Servicer that arose before it ceased to be the Servicer. The Servicer at its expense shall, upon request of the Master Servicer, its designee or the other successor servicer servicer, as applicable, deliver to the assuming party all documents and records relating to the Subservicing Agreement and the Mortgage Loans then being serviced and an accounting of amounts collected and held by or on behalf of it, and otherwise use its best efforts to effect the orderly and efficient transfer of the Subservicing Agreements to the assuming party.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (HSI Asset Securitization CORP Trust 2006-Wmc1), Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2006-Ff11), Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2006-Ff11)

Assumption or Termination of Subservicing Agreements by Master Servicer. In the event the a Servicer at any time shall for any reason no longer be the a Servicer (including by reason of the occurrence of an Event of Default), the Master Servicer, or its designee designee, or the successor servicer Servicer if the successor Servicer is not the Master Servicer, shall shall, thereupon assume all of the rights and obligations of the such Servicer under each Subservicing Agreement that the such Servicer may have entered into, with copies thereof provided to the Master Servicer or the successor servicer if the successor is not the Master Servicer, prior to the Master Servicer or the successor servicer if the successor is not the Master Servicer, assuming such rights and obligations, unless the Master Servicer elects to terminate any Subservicing Agreement in accordance with its terms as provided in Section 3.03. Upon such assumption, the Master Servicer, its designee or the successor servicer shall be deemed, subject to Section 3.03, to have assumed all of the such Servicer’s 's interest therein and to have replaced the such Servicer as a party to each Subservicing Agreement to the same extent as if each Subservicing Agreement had been assigned to the assuming party, except that (i) the such Servicer shall not thereby be relieved of any liability or obligations under any Subservicing Agreement that arose before it ceased to be the a Servicer and (ii) none of the Trustee, the Depositor, the Master Servicer, the Securities AdministratorTrustee, their designees or any successor servicer Servicer shall be deemed to have assumed any liability or obligation of the such Servicer that arose before it ceased to be the a Servicer. The Each Servicer at its expense shall, upon request of the Master Servicer, its designee or the successor servicer deliver to the assuming party all documents and records relating to the each Subservicing Agreement and the Mortgage Loans then being serviced and an accounting of amounts collected and held by or on behalf of it, and otherwise use its best efforts to effect the orderly and efficient transfer of the Subservicing Agreements to the assuming party.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (GS Mortgage Securities Corp GSAMP Trust 2004-Nc2), Pooling and Servicing Agreement (GSAMP Trust 2006-Nc2)

Assumption or Termination of Subservicing Agreements by Master Servicer. In (a) If the event Master Servicer or a successor servicer shall assume the servicing obligations of the Servicer at any time shall for any reason no longer be the Servicer (including by reason of the occurrence of an Event of Default)in accordance with Section 6.02 below, the Master ServicerServicer or successor servicer, or its designee or to the successor servicer if the successor is not extent necessary to permit the Master ServicerServicer to carry out the provisions of Section 6.02 with respect to the Mortgage Loans, shall thereupon assume succeed to all of the rights and obligations of the Servicer under each of the Subservicing Agreement that the Servicer may have entered intoAgreements, unless such Subservicing Agreements are terminated in accordance with copies thereof provided to Section 3.02(a) hereof. If such Subservicing Agreements are not terminated, the Master Servicer or the successor servicer if the successor is not the Master Servicer, prior to the Master Servicer or the successor servicer if the successor is not the Master Servicer, assuming such rights and obligations, unless the Master Servicer elects to terminate any Subservicing Agreement in accordance with its terms as provided in Section 3.03. Upon such assumption, the Master Servicer, its designee or as the successor servicer shall be deemed, subject to Section 3.03, deemed to have assumed all of the Servicer’s interest rights and obligations therein and to have replaced the Servicer as a party to each such Subservicing Agreement Agreements to the same extent as if each such Subservicing Agreement Agreements had been assigned to the assuming partyMaster Servicer or its designee as a successor servicer, except that the Master Servicer or its designee as a successor servicer shall not be deemed to have assumed any obligations or liabilities of the Servicer arising prior to such assumption (iother than the obligation to make Monthly Advances) and the Servicer shall not thereby be relieved of any liability or obligations under any such Subservicing Agreement that arose before it ceased Agreements arising prior to be such assumption. Nothing in the Servicer and (ii) none of the Trustee, the Depositor, the Master Servicer, the Securities Administrator, their designees or any successor servicer foregoing shall be deemed to have assumed entitle the Master Servicer or its designee as a successor servicer at any liability or obligation time to receive any portion of the servicing compensation provided under Section 3.15 except for such portion as the Servicer that arose before it ceased would be entitled to be the Servicer. The Servicer at its expense shall, upon request of the Master Servicer, its designee or the successor servicer deliver to the assuming party all documents and records relating to the Subservicing Agreement and the Mortgage Loans then being serviced and an accounting of amounts collected and held by or on behalf of it, and otherwise use its best efforts to effect the orderly and efficient transfer of the Subservicing Agreements to the assuming partyreceive.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (American Home Mortgage Assets Trust 2007-5), Pooling and Servicing Agreement (American Home Mortgage Assets Trust 2007-4)

Assumption or Termination of Subservicing Agreements by Master Servicer. In the event the Servicer at any time shall for any reason no longer be the Servicer (including by reason of the occurrence of an Event of Default), the Master Servicer, or its designee or the successor servicer Servicer if the successor is not the Master Servicer, shall thereupon assume all of the rights and obligations of the Servicer under each Subservicing Agreement that the Servicer may have entered into, with copies thereof provided to the Master Servicer or the successor servicer Servicer if the successor is not the Master Servicer, prior to the Master Servicer or the successor servicer Servicer if the successor is not the Master Servicer, assuming such rights and obligations, unless the Master Servicer elects to terminate any Subservicing Agreement in accordance with its terms as provided in Section 3.03. Upon such assumption, the Master Servicer, its designee or the successor servicer shall be deemed, subject to Section 3.03, to have assumed all of the Servicer’s interest therein and to have replaced the Servicer as a party to each Subservicing Agreement to the same extent as if each Subservicing Agreement had been assigned to the assuming party, except that (i) the Servicer shall not thereby be relieved of any liability or obligations under any Subservicing Agreement that arose before it ceased to be the Servicer and (ii) none of the Trustee, the Depositor, the Master Servicer, the Securities Administrator, their designees or any successor servicer Servicer shall be deemed to have assumed any liability or obligation of the Servicer that arose before it ceased to be the Servicer. The Servicer at its expense shall, upon request of the Master Servicer, its designee or the successor servicer Servicer deliver to the assuming party all documents and records relating to the each Subservicing Agreement and the Mortgage Loans then being serviced and an accounting of amounts collected and held by or on behalf of it, and otherwise use its best efforts to effect the orderly and efficient transfer of the Subservicing Agreements to the assuming party.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (HASCO Trust 2005-Nc2), Pooling and Servicing Agreement (HASCO Trust 2005-Opt1)

Assumption or Termination of Subservicing Agreements by Master Servicer. In the event the Servicer at any time shall for any reason no longer be the Servicer (including by reason of the occurrence of an Event of Default), the Master Servicer, or its designee or the successor servicer Servicer if the successor Servicer is not the Master Servicer, shall thereupon assume all of the rights and obligations of the Servicer under each Subservicing Agreement that the Servicer may have entered into, with copies thereof provided to the Master Servicer or the successor servicer if the successor is not the Master Servicer, the Securities Administrator and the Trustee prior to the Master Servicer or the successor servicer if the successor is not the Master Servicer, assuming such rights and obligations, unless the Master Servicer Trustee elects to terminate any Subservicing Agreement in accordance with its terms as provided in Section 3.03. Upon such assumption, the Master Servicer, its designee Servicer or the successor servicer shall be deemed, subject to Section 3.03, to have assumed all of the Servicer’s interest therein and to have replaced the Servicer as a party to each Subservicing Agreement to which the predecessor Servicer was a party to the same extent as if each Subservicing Agreement had been assigned to the assuming party, except that (i) the Servicer shall not thereby be relieved of any liability or obligations under any Subservicing Agreement that arose before it ceased to be the Servicer and (ii) none of the Trustee, the Depositor, the Master ServicerTrustee, the Securities Administrator, their designees or any successor servicer to the Servicer shall be deemed to have assumed any liability or obligation of the Servicer that arose before it ceased to be the Servicer. The Such Servicer at its expense shall, upon request of the Master ServicerSecurities Administrator or its designee, its designee or the successor servicer deliver to the assuming party all documents and records relating to the each Subservicing Agreement to which it is a party and the Mortgage Loans then being serviced by it and an accounting of amounts collected and held by or on behalf of it, and otherwise use its best efforts to effect the orderly and efficient transfer of the Subservicing Agreements to the assuming party.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Gsamp Trust 2004-Sd1)

Assumption or Termination of Subservicing Agreements by Master Servicer. In the event the Servicer at any time shall for any reason no longer be the Servicer (including by reason of the occurrence of an Event of Default), the Master Servicer, or its designee designee, or the another successor servicer Servicer if the successor is not the Master Servicer, shall thereupon assume all of the rights and obligations of the Servicer under each Subservicing Agreement that the Servicer may have entered into, with copies thereof provided to the Master Servicer, or another successor Servicer or the successor servicer if the successor is not the Master Servicer, prior to the Master Servicer, or such other successor Servicer or the successor servicer if the successor is not the Master Servicer, assuming such rights and obligations, unless the Master Servicer elects to terminate any Subservicing Agreement in accordance with its terms as provided in Section 3.03. Upon such assumption, the Master Servicer, its designee or the successor servicer Servicer shall be deemed, subject to Section 3.03, to have assumed all of the Servicer’s 's interest therein and to have replaced the Servicer as a party to each Subservicing Agreement to which the predecessor servicer was a party to the same extent as if each Subservicing Agreement had been assigned to the assuming party, except that (i) the Servicer shall not thereby be relieved of any liability or obligations under any such Subservicing Agreement that arose before it ceased to be the Servicer and (ii) none of the Trustee, the Depositor, the Master Servicer, the Securities AdministratorTrustee, their designees or any successor servicer to the Servicer shall be deemed to have assumed any liability or obligation of the Servicer that arose before it ceased to be the Servicer. The Servicer at its expense shall, upon request of the Master Servicer, its designee or the successor servicer deliver to the assuming party all documents and records relating to the each Subservicing Agreement to which it is a party and the Mortgage Loans then being serviced by it and an accounting of amounts collected and held by or on behalf of it, and otherwise use its best efforts to effect the orderly and efficient transfer of the Subservicing Agreements to the assuming party.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2007-Nc4)

Assumption or Termination of Subservicing Agreements by Master Servicer. In the event the Servicer at any time shall for any reason no longer be the Servicer (including by reason of the occurrence of an Event of Default), the Master Servicer (or,if the master Servicer and the Servicer are the same entity, the Trustee (as successor Master Servicer)), or its designee or the other successor servicer if the successor is not the Master Servicer, shall thereupon assume all of the rights and obligations of the Servicer under each Subservicing Agreement that the Servicer may have entered into, with copies thereof provided to the Master Servicer or Servicer, the Trustee (as successor servicer if the successor is not the Master Servicer) or other successor servicer, as applicable, prior to the Master Servicer or the successor servicer if the successor is not the Master Servicer, such party assuming such rights and obligations, unless the Master Servicer such party elects to terminate any Subservicing Agreement in accordance with its terms as provided in Section 3.03. Upon such assumption, the Master Servicer, its designee the Trustee (as successor Master Servicer) or the other successor servicer servicer, as applicable, shall be deemed, subject to Section 3.03, to have assumed all of the Servicer’s interest therein and to have replaced the Servicer as a party to each Subservicing Agreement to the same extent as if each Subservicing Agreement had been assigned to the assuming party, except that (i) the Servicer shall not thereby be relieved of any liability or obligations under any Subservicing Agreement that arose before it ceased to be the Servicer and (ii) none of the Trustee, the Depositor, the Master Servicer, the Securities Administrator, their designees or any successor servicer shall be deemed to have assumed any liability or obligation of the Servicer that arose before it ceased to be the Servicer. The Servicer at its expense shall, upon request of the Master ServicerServicer or other successor servicer, its designee or the successor servicer as applicable, deliver to the assuming party all documents and records relating to the Subservicing Agreement and the Mortgage Loans then being serviced and an accounting of amounts collected and held by or on behalf of it, and otherwise use its best efforts to effect the orderly and efficient transfer of the Subservicing Agreements to the assuming party.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (HSI Asset Securitization CORP Trust 2006-Wmc1)

Assumption or Termination of Subservicing Agreements by Master Servicer. In the event the Servicer that Saxon at any time shall for any reason no longer be the Servicer (including by reason of the occurrence of an Event of Default), the Master Servicer, Servicer or its designee or the successor servicer if the successor is not the Master Servicer, shall thereupon assume all of the rights and obligations of the Servicer under each Subservicing Agreement that the Servicer may have entered into, with copies thereof provided to the Master Servicer or the successor servicer if the successor is not the Master Servicer, prior to the Master Servicer or the successor servicer if the successor is not the Master Servicer, assuming such rights and obligations, unless the Master Servicer elects to terminate any Subservicing Agreement in accordance with its terms as provided in Section 3.03. Upon such assumption, the Master Servicer, its designee or the successor servicer Servicer shall be deemed, subject to Section 3.03, to have assumed all of the Servicer’s 's interest therein and to have replaced the Servicer as a party to each Subservicing Agreement to which the predecessor Servicer was a party to the same extent as if each Subservicing Agreement had been assigned to the assuming party, except that (i) the Servicer shall not thereby be relieved of any liability or obligations under any Subservicing Agreement that arose before it ceased to be the Servicer and (ii) none of the TrusteeDepositor, the DepositorTrustee, the Master Servicer, the Securities Administrator, their designees or any successor servicer Servicer shall be deemed to have assumed any liability or obligation of the Servicer (including, but without limitation, any and all Advances made by the predecessor Servicer) that arose before it such predecessor Servicer ceased to be the Servicer. The Servicer at its expense shall, upon request of the Master Servicer, its designee or the successor servicer deliver to the assuming party all documents and records relating to the Subservicing Agreement to which it is a party and the Mortgage Loans then being serviced by it and an accounting of amounts collected and held by or on behalf of it, and otherwise use its best efforts to effect the orderly and efficient transfer of the Subservicing Agreements to the assuming party.

Appears in 1 contract

Samples: Assignment and Recognition Agreement (Morgan Stanley ABS Capital I Inc. IXIS Real Estate Capital Trust 2007-He1)

AutoNDA by SimpleDocs

Assumption or Termination of Subservicing Agreements by Master Servicer. In the event the any Servicer at any time shall for any reason no longer be the a Servicer (including by reason of the occurrence of an Event of Default), the Master Servicer, or its designee or the successor servicer if the successor is not the Master Servicer, shall thereupon assume all of the rights and obligations of the applicable Servicer under each Subservicing Agreement that the such Servicer may have entered into, with copies thereof provided to the Master Servicer or the successor servicer if the successor is not the Master Servicer, prior to the Master Servicer or the successor servicer if the successor is not the Master Servicer, assuming such rights and obligations, unless the Master Servicer elects to terminate any Subservicing Agreement in accordance with its terms as provided in Section 3.03. Upon such assumption, the Master Servicer, its designee or the successor servicer shall be deemed, subject to Section 3.03, to have assumed all of the applicable Servicer’s interest therein and to have replaced the such Servicer as a party to each Subservicing Agreement to the same extent as if each Subservicing Agreement had been assigned to the assuming party, except that (i) the applicable Servicer shall not thereby be relieved of any liability or obligations under any Subservicing Agreement that arose before it ceased to be the a Servicer and (ii) none of the Trustee, the Depositor, the Master Servicer, the Securities Administrator, their designees or any successor servicer shall be deemed to have assumed any liability or obligation of the such Servicer that arose before it ceased to be the a Servicer. The applicable Servicer at its expense shall, upon request of the Master Servicer, its designee or the successor servicer deliver to the assuming party all documents and records relating to the each Subservicing Agreement and the Mortgage Loans then being serviced and an accounting of amounts collected and held by or on behalf of it, and otherwise use its best efforts to effect the orderly and efficient transfer of the Subservicing Agreements to the assuming party.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (HSI Asset Securitization CORP Trust 2005-I1)

Assumption or Termination of Subservicing Agreements by Master Servicer. In the event the a Servicer at any time shall for any reason no longer be the a Servicer (including by reason of the occurrence of an Event of Default), the Master Servicer, or its designee designee, or the successor servicer Servicer if the successor Servicer is not the Master Servicer, shall thereupon assume all of the rights and obligations of the such Servicer under each Subservicing Agreement that the such Servicer may have entered into, with copies thereof provided to the Master Servicer or the successor servicer if the successor is not the Master Servicer, prior to the Master Servicer or the successor servicer if the successor is not the Master Servicer, assuming such rights and obligations, unless the Master Servicer elects to terminate any Subservicing Agreement in accordance with its terms as provided in Section 3.03. Upon such assumption, the Master Servicer, its designee or the successor servicer shall be deemed, subject to Section 3.03, to have assumed all of the such Servicer’s 's interest therein and to have replaced the such Servicer as a party to each Subservicing Agreement to the same extent as if each Subservicing Agreement had been assigned to the assuming party, except that (i) the such Servicer shall not thereby be relieved of any liability or obligations under any Subservicing Agreement that arose before it ceased to be the a Servicer and (ii) none of the Trustee, the Depositor, the Master Servicer, the Securities AdministratorTrustee, their designees or any successor servicer Servicer shall be deemed to have assumed any liability or obligation of the such Servicer that arose before it ceased to be the a Servicer. The Each Servicer at its expense shall, upon request of the Master Servicer, its designee or the successor servicer deliver to the assuming party all documents and records relating to the each Subservicing Agreement and the Mortgage Loans then being serviced and an accounting of amounts collected and held by or on behalf of it, and otherwise use its best efforts to effect the orderly and efficient transfer of the Subservicing Agreements to the assuming party.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (GSAMP Trust 2007-Nc1)

Assumption or Termination of Subservicing Agreements by Master Servicer. In the event the a Servicer at any time shall for any reason no longer be the a Servicer (including by reason of the occurrence of an Event of Default), the Master Servicer, or its designee designee, or the successor servicer Servicer if the successor Servicer is not the Master Servicer, shall shall, subject to the rights of the Servicing Rights Pledgee, thereupon assume all of the rights and obligations of the such Servicer under each Subservicing Agreement that the such Servicer may have entered into, with copies thereof provided to the Master Servicer or the successor servicer if the successor is not the Master Servicer, prior to the Master Servicer or the successor servicer if the successor is not the Master Servicer, assuming such rights and obligations, unless the Master Servicer elects to terminate any Subservicing Agreement in accordance with its terms as provided in Section 3.03. Upon such assumption, the Master Servicer, its designee or the successor servicer shall be deemed, subject to Section 3.03, to have assumed all of the such Servicer’s interest therein and to have replaced the such Servicer as a party to each Subservicing Agreement to the same extent as if each Subservicing Agreement had been assigned to the assuming party, except that (i) the such Servicer shall not thereby be relieved of any liability or obligations under any Subservicing Agreement that arose before it ceased to be the a Servicer and (ii) none of the Trustee, the Depositor, the Master Servicer, the Securities Administrator[Delaware] Trustee, their designees or any successor servicer Servicer shall be deemed to have assumed any liability or obligation of the such Servicer that arose before it ceased to be the a Servicer. The Each Servicer at its expense shall, upon request of the Master Servicer, its designee or the successor servicer deliver to the assuming party all documents and records relating to the each Subservicing Agreement and the Mortgage Loans then being serviced and an accounting of amounts collected and held by or on behalf of it, and otherwise use its best efforts to effect the orderly and efficient transfer of the Subservicing Agreements to the assuming party.

Appears in 1 contract

Samples: Distribution Instructions (Gs Mortgage Securities Corp)

Assumption or Termination of Subservicing Agreements by Master Servicer. In the event the a Servicer at any time shall for any reason no longer be the Servicer (including by reason of the occurrence of an Event of Default), the Master Servicer, or its designee designee, or the successor servicer Servicer if the successor Servicer is not the Master Servicer, shall thereupon assume all of the rights and obligations of the such Servicer under each Subservicing Agreement that the such Servicer may have entered into, with copies thereof provided to the Master Servicer or the successor servicer if the successor is not the Master Servicer, prior to the Master Servicer or the successor servicer if the successor is not the Master Servicer, assuming such rights and obligations, unless the Master Servicer elects to terminate any Subservicing Agreement in accordance with its terms as provided in Section 3.03. Upon such assumption, the Master Servicer, its designee or the successor servicer shall be deemed, subject to Section 3.03, to have assumed all of the such Servicer’s interest therein and to have replaced the such Servicer as a party to each Subservicing Agreement to which the predecessor Servicer was a party to the same extent as if each Subservicing Agreement had been assigned to the assuming party, except that (i) the such Servicer shall not thereby be relieved of any liability or obligations under any Subservicing Agreement that arose before it ceased to be the a Servicer and (ii) none of the Trustee, the Depositor, the Master Servicer, the Securities AdministratorTrustee, their designees or any successor servicer to the Servicer shall be deemed to have assumed any liability or obligation of the such Servicer that arose before it ceased to be the a Servicer. The Each Servicer at its expense shall, upon request of the Master Servicer, its designee or the successor servicer deliver to the assuming party all documents and records relating to the each Subservicing Agreement and the Mortgage Loans then being serviced by it and an accounting of amounts collected and held by or on behalf of it, and otherwise use its best efforts to effect the orderly and efficient transfer of the Subservicing Agreements to the assuming party.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (GSAMP Trust 2006-S4)

Assumption or Termination of Subservicing Agreements by Master Servicer. In the event the Servicer at any time shall for any reason no longer be the Servicer (including by reason of the occurrence of an Event of Default), the Master Servicer, or its designee or the successor servicer Servicer if the successor is not the Master Servicer, shall thereupon assume all of the rights and obligations of the Servicer under each Subservicing Agreement that the Servicer may have entered into, with copies thereof provided to the Master Servicer or the successor servicer Servicer if the successor is not the Master Servicer, prior to the Master Servicer or the successor servicer Servicer if the successor is not the Master Servicer, assuming such rights and obligations, unless the Master Servicer elects to terminate any Subservicing Agreement in accordance with its terms as provided in Section 3.03. Upon such assumption, the Master Servicer, its designee or the successor servicer shall be deemed, subject to Section 3.03, to have assumed all of the Servicer’s 's interest therein and to have replaced the Servicer as a party to each Subservicing Agreement to the same extent as if each Subservicing Agreement had been assigned to the assuming party, except that (i) the Servicer shall not thereby be relieved of any liability or obligations under any Subservicing Agreement that arose before it ceased to be the Servicer and (ii) none of the Trustee, the Depositor, the Master Servicer, the Securities Administrator, their designees or any successor servicer Servicer shall be deemed to have assumed any liability or obligation of the Servicer that arose before it ceased to be the Servicer. The Servicer at its expense shall, upon request of the Master Servicer, its designee or the successor servicer Servicer deliver to the assuming party all documents and records relating to the each Subservicing Agreement and the Mortgage Loans then being serviced and an accounting of amounts collected and held by or on behalf of it, and otherwise use its best efforts to effect the orderly and efficient transfer of the Subservicing Agreements to the assuming party.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (HASCO Trust 2005-Nc1)

Assumption or Termination of Subservicing Agreements by Master Servicer. In the event the Servicer that Saxon at any time shall for any reason no longer be the Servicer (including by reason of the occurrence of an Event of Default), the Master Servicer, Servicer or its designee designee, or the successor servicer if the successor is not the Master Servicer, shall thereupon assume all of the rights and obligations of the Servicer under each Subservicing Agreement that the Servicer may have entered into, with copies thereof provided to the Master Servicer Servicer, or the successor servicer if the successor is not the Master Servicer, prior to the Master Servicer Servicer, or the successor servicer if the successor is not the Master Servicer, assuming such rights and obligations, unless the Master Servicer elects to terminate any Subservicing Agreement in accordance with its terms as provided in Section 3.03. Upon such assumption, the Master Servicer, its designee or the successor servicer shall be deemed, subject to Section 3.03, to have assumed all of the Servicer’s 's interest therein and to have replaced the Servicer as a party to each Subservicing Agreement to which the predecessor servicer was a party to the same extent as if each Subservicing Agreement had been assigned to the assuming party, except that (i) the Servicer shall not thereby be relieved of any liability or obligations under any Subservicing Agreement that arose before it ceased to be the Servicer and (ii) none of the TrusteeDepositor, the DepositorTrustee, the Master Servicer, the Securities Administrator, their designees or any successor servicer Servicer shall be deemed to have assumed any liability or obligation of the Servicer that arose before it such predecessor Servicer ceased to be the Servicer. The Servicer at its expense shall, upon request of the Master Servicer, its designee or the successor servicer deliver to the assuming party all documents and records relating to the Subservicing Agreement to which it is a party and the Mortgage Loans then being serviced by it and an accounting of amounts collected and held by or on behalf of it, and otherwise use its best efforts to effect the orderly and efficient transfer of the Subservicing Agreements to the assuming party.

Appears in 1 contract

Samples: Assignment and Recognition Agreement (Natixis Real Estate Capital Trust 2007-He2)

Assumption or Termination of Subservicing Agreements by Master Servicer. In the event the Servicer at any time shall for any reason no longer be the Servicer (including by reason of the occurrence of an Event of Default), the Master ServicerServicer (or, if the Master Servicer and the Servicer are the same entity, the Trustee (as successor master servicer)), or its designee or the other successor servicer if the successor is not the Master Servicerservicer, shall thereupon assume all of the rights and obligations of the Servicer under each Subservicing Agreement that the Servicer may have entered into, with copies thereof provided to the Master Servicer Servicer, the Trustee (as successor master servicer) or the other successor servicer if the successor is not the Master Servicerservicer, as applicable, prior to the Master Servicer or the successor servicer if the successor is not the Master Servicer, such party assuming such rights and obligations, unless the Master Servicer such party elects to terminate any Subservicing Agreement in accordance with its terms as provided in Section 3.03. Upon such assumption, the Master Servicer, its designee the Trustee (as successor master servicer) or the other successor servicer servicer, as applicable, shall be deemed, subject to Section 3.03, to have assumed all of the Servicer’s interest therein and to have replaced the Servicer as a party to each Subservicing Agreement to the same extent as if each Subservicing Agreement had been assigned to the assuming party, except that (i) the Servicer shall not thereby be relieved of any liability or obligations under any Subservicing Agreement that arose before it ceased to be the Servicer and (ii) none of the Trustee, the Depositor, the Master Servicer, the Securities Administrator, their designees or any successor servicer shall be deemed to have assumed any liability or obligation of the Servicer that arose before it ceased to be the Servicer. The Servicer at its expense shall, upon request of the Master Servicer, its designee or the other successor servicer servicer, as applicable, deliver to the assuming party all documents and records relating to the Subservicing Agreement and the Mortgage Loans then being serviced and an accounting of amounts collected and held by or on behalf of it, and otherwise use its best efforts to effect the orderly and efficient transfer of the Subservicing Agreements to the assuming party.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (HSI Asset Securitization CORP Trust 2007-Wf1)

Assumption or Termination of Subservicing Agreements by Master Servicer. In the event a Servicer or the Countrywide Servicer at any time shall for any reason no longer be a Servicer or the Countrywide Servicer (including by reason of the occurrence of an Event of Default), the Master Servicer, or its designee designee, or the successor servicer if the successor is not the Master Servicer, shall thereupon assume all of the rights and obligations of such Servicer or the Countrywide Servicer under each Subservicing Agreement that such Servicer or the Countrywide Servicer may have entered into, with copies thereof provided to the Master Servicer Servicer, or the successor servicer if the successor is not the Master Servicer, prior to the Master Servicer Servicer, or the successor servicer if the successor is not the Master Servicer, assuming such rights and obligations, unless the Master Servicer elects to terminate any Subservicing Agreement in accordance with its terms as provided in Section 3.03. Upon such assumption, the Master Servicer, its designee or the successor servicer Servicer shall be deemed, subject to Section 3.03, to have assumed all of the such Servicer’s 's interest therein and to have replaced such Servicer or the Countrywide Servicer as a party to each Subservicing Agreement to which the predecessor Servicer was a party to the same extent as if each Subservicing Agreement had been assigned to the assuming party, except that (i) such Servicer or the Countrywide Servicer shall not thereby be relieved of any liability or obligations under any such Subservicing Agreement that arose before it ceased to be a Servicer or the Countrywide Servicer and (ii) none of the Trustee, the Depositor, the Master Servicer, the Securities AdministratorTrustee, their designees or any successor servicer to such Servicer or the Countrywide Servicer shall be deemed to have assumed any liability or obligation of the such Servicer that arose before it ceased to be the a Servicer. The Each Servicer at its expense shall, upon request of the Master Servicer, its designee or the successor servicer Servicer deliver to the assuming party all documents and records relating to the each Subservicing Agreement to which it is a party and the Mortgage Loans then being serviced by it and an accounting of amounts collected and held by or on behalf of it, and otherwise use its best efforts to effect the orderly and efficient transfer of the Subservicing Agreements to the assuming party.

Appears in 1 contract

Samples: Assignment and Recognition Agreement (Morgan Stanley IXIS Real Estate Capital Trust 2006-1)

Assumption or Termination of Subservicing Agreements by Master Servicer. In the event the that a Servicer at any time shall for any reason no longer be the a Servicer (including by reason of the occurrence of an Event of Default), the Master Servicer, Servicer or its designee or the successor servicer if the successor is not the Master Servicer, shall thereupon assume all of the rights and obligations of the applicable Servicer under each Subservicing Agreement that the such Servicer may have entered into, with copies thereof provided to the Master Servicer or the successor servicer if the successor is not the Master Servicer, prior to the Master Servicer or the successor servicer if the successor is not the Master Servicer, assuming such rights and obligations, unless the Master Servicer elects to terminate any Subservicing Agreement in accordance with its terms as provided in Section 3.03. Upon such assumption, the Master Servicer, its designee or the successor servicer shall be deemed, subject to Section 3.03, to have assumed all of the applicable Servicer’s 's interest therein and to have replaced the such Servicer as a party to each Subservicing Agreement to which the predecessor Servicer was a party to the same extent as if each Subservicing Agreement had been assigned to the assuming party, except that (i) the applicable Servicer shall not thereby be relieved of any liability or obligations under any Subservicing Agreement that arose before it ceased to be the a Servicer and (ii) none of the Trustee, the Depositor, the Master Servicer, the Securities AdministratorTrustee, their designees or any successor servicer Servicer shall be deemed to have assumed any liability or obligation of the such Servicer that arose before it ceased to be the a Servicer. The applicable Servicer at its expense shall, upon request of the Master Servicer, its designee or the successor servicer deliver to the assuming party all documents and records relating to the each Subservicing Agreement to which it is a party and the Mortgage Loans then being serviced by it and an accounting of amounts collected and held by or on behalf of it, and otherwise use its best efforts to effect the orderly and efficient transfer of the Subservicing Agreements to the assuming party.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!