Authorization of Servicer. Without limiting the generality of the authority granted by the designation of any Person as Servicer, and subject to the other provisions of this Agreement, the Servicer is hereby authorized and empowered by the Trust to take any and all reasonable steps in its name and on its behalf necessary or desirable, and not inconsistent with the sale, transfer and assignment of an undivided co-ownership interest in the Pool Assets to the Trust, except that the Servicer shall not be required to notify any Person of the Trust’s interest therein until the occurrence of a Trigger Event, in the reasonable determination of the Servicer, to collect all amounts due under any and all Pool Assets, including, to execute and deliver, on behalf of the Trust and its successors and assigns, any and all instruments of satisfaction or cancellation, or partial or full release or discharge, and all other comparable instruments, with respect to the Pool Assets and, after delinquency of any Pool Receivable, and to the extent permitted under and in compliance with applicable law and regulations, to commence proceedings with respect to enforcing payment of such Pool Receivable and the Related Security, and adjusting, settling or compromising the account or payment thereof, to the same extent as the Seller could have done if it had continued to own the Pool Assets. The Trust shall furnish the Servicer with any powers of attorney and other documents that are within the ability of the Trust to furnish and which are reasonably necessary or appropriate to enable the Servicer to carry out its servicing and administrative duties hereunder as agent of the Trust.
Authorization of Servicer. Servicer is hereby authorized to take any and all reasonable steps necessary or desirable and consistent with the ownership of the Transferred Receivables by Issuer and the pledge of the Transferred Receivables to the Indenture Trustee in the determination of Servicer, to (a) collect all amounts due under the Transferred Receivables, including endorsing its name on checks and other instruments representing Collections on the Transferred Receivables, and executing and delivering any and all instruments of satisfaction or cancellation or of partial or full release or discharge and all other comparable instruments with respect to the Transferred Receivables and (b) after the Transferred Receivables become delinquent and to the extent permitted under and in compliance with applicable law and regulations, (i) commence proceedings with respect to the enforcement of payment of the Transferred Receivables, (ii) adjust, settle or compromise any payments due thereunder, and (iii) initiate proceedings against any collateral securing the obligations due under the Transferred Receivables, in each case, consistent with the Credit and Collection Policies, (c) make withdrawals from the Collection Account and any other Trust Account, as set forth in this Agreement, the Indenture or any Indenture Supplement and (d) take any action required or permitted under any enhancement for any Series, Class or Tranche of Notes, as set forth in this Agreement, the Indenture or any Indenture Supplement. Issuer shall furnish (or cause to be furnished) to Servicer any powers of attorney and other documents necessary or appropriate to enable Servicer to carry out its servicing and administrative duties hereunder, and Issuer shall assist Servicer to the fullest extent to enable Servicer to collect the Transferred Receivables and otherwise discharge its duties hereunder and to deliver “Instructions,” as that term is defined in the Custody and Control Agreement, and other directions as to the investment of funds credited to the Trust Accounts on behalf of Issuer in accordance with Section 2.2(f).
Authorization of Servicer. Pursuant to the terms of the Sale and Servicing Agreement, the Servicer has the power and authority to execute and deliver this Agreement on behalf of the Issuer. * * * * * *
Authorization of Servicer. Without limiting the generality of the authority granted by the designation of any Person as Servicer, and subject to the other provisions of this Agreement, the Servicer is hereby authorized and empowered by the Trust to take any and all reasonable steps in its name and on its behalf necessary or desirable, and not inconsistent with the sale, transfer and assignment of an undivided co-ownership interest in the Pool Assets to the Trust, except that the Servicer shall not be required to notify any Person of the Trust's interest therein until the occurrence of a Trigger Event (other than a Trigger Event pursuant to Section 6.1(ee)), in the reasonable determination of the Servicer, to collect all amounts due under any and all Pool Assets, including, to execute and deliver, on behalf of the Trust and its successors and assigns, any and all instruments of satisfaction or cancellation, or partial or full release or discharge, and all other comparable instruments, with respect to the Pool Assets and, after delinquency of any Pool Receivable, and to the extent permitted under and in compliance with WSLegal\047083\00034\12027575v8 I\5470303.2 applicable law and regulations, to commence proceedings with respect to enforcing payment of such Pool Receivable and the Related Security, and adjusting, settling or compromising the account or payment thereof, to the same extent as the Seller could have done if it had continued to own the Pool Assets. The Trust shall furnish the Servicer with any powers of attorney and other documents that are within the ability of the Trust to furnish and which are reasonably necessary or appropriate to enable the Servicer to carry out its servicing and administrative duties hereunder as agent of the Trust.
Authorization of Servicer. Without limiting the generality of the authority granted by the designation of any Person as Servicer, and subject to the other provisions hereof, the Servicer is hereby authorized and empowered by the Purchaser to take any and all reasonable steps in its name and on its behalf necessary or desirable and not inconsistent with the ownership of the Purchased Assets by the Purchaser to collect all amounts due under any and all Purchased Receivables, including to execute and deliver, on behalf of the Purchaser and any subsequent assignees, including the Credit Enhancer, any and all instruments of satisfaction or cancellation, or partial or full release or discharge, and all other comparable instruments, with respect to the Purchased Receivables or the Related Security related thereto and, after delinquency of any such Purchased Receivables and to the extent permitted under and in compliance with applicable law and regulations, to commence proceedings with respect to enforcing payment of such Purchased Receivables, and the Related Security and Contracts related thereto, and adjusting, settling or compromising the account or payment thereof, to the same extent as each Seller could have done if it had continued to own the Purchased Assets. The Purchaser shall furnish the Servicer with any powers of attorney and other documents that are within the ability of the Purchaser to furnish and which are reasonably necessary or appropriate to enable the Servicer to carry out its servicing and administrative duties hereunder as agent of the Purchaser.
Authorization of Servicer. The Servicer is hereby unequivocally authorized to withhold Subordinated Amounts otherwise payable to the KBS Mortgage Lender and make payments and distributions directly to Xxxxxxx Sachs Mortgage Company and Citigroup Financial Products Inc., the Buyers under the Repurchase Agreements (or the holders of the Replacement Mezz Loan, if applicable), in accordance with the terms of this Agreement.
Authorization of Servicer. Without limiting the generality of the authority granted by the designation of any Person as Servicer, and subject to the Servicing Guide and the other provisions of this Agreement, the Servicer is hereby authorized and empowered to take any and all reasonable steps necessary or desirable and not inconsistent with the Credit and Collection Policies in connection with servicing the Customer Loan Assets. Pursuant to the authority hereby conferred, the Servicer shall have the power to take all actions that are required, in the determination of the Servicer, acting reasonably, to collect all amounts due under any and all Customer Loan Assets, including, without limitation, to settle or to compromise with the Obligors and to execute and deliver any and all instruments of satisfaction or cancellation, or partial or full release or discharge, and all other comparable instruments, with respect to the Customer Loan Assets and, after delinquency of any Customer Loan Asset, and to the extent permitted under and in compliance with applicable Law and regulations, to commence proceedings with respect to enforcing payment of such Customer Loan Asset.
