Common use of Authorization of Servicer Clause in Contracts

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. 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 's interest therein until the occurrence of a Trigger EventEvent (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 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 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, desirable and not inconsistent consistent with the sale, transfer ownership of the Transferred Receivables by Issuer and assignment the pledge of an undivided co-ownership interest the Transferred Receivables to the Indenture Trustee 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 (a) collect all amounts due under any the Transferred Receivables, including endorsing its name on checks and all Pool Assetsother instruments representing Collections on the Transferred Receivables, including, to execute and deliver, on behalf of the Trust executing and its successors and assigns, delivering any and all instruments of satisfaction or cancellation, cancellation or of partial or full release or discharge, discharge and all other comparable instruments, instruments with respect to the Pool Assets and, Transferred Receivables and (b) after delinquency of any Pool Receivable, the Transferred Receivables become delinquent and to the extent permitted under and in compliance with applicable law and regulations, to (i) commence proceedings with respect to enforcing the enforcement of payment of such Pool Receivable and the Related SecurityTransferred Receivables, (ii) adjust, settle or compromise any payments due thereunder, and adjusting(iii) initiate proceedings against any collateral securing the obligations due under the Transferred Receivables, settling 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 compromising 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 account Indenture or payment thereof, to the same extent as the Seller could have done if it had continued to own the Pool Assetsany Indenture Supplement. The Trust Issuer shall furnish the (or cause to be furnished) to 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, 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 agent that term is defined in the Custody and Control Agreement, and other directions as to the investment of funds credited to the TrustTrust Accounts on behalf of Issuer in accordance with Section 2.2(f).

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, desirable and not inconsistent consistent with the sale, transfer ownership of the Transferred Receivables by Owner and assignment the pledge of an undivided co-ownership all or partial direct or indirect interest in the Pool Assets Transferred Receivables 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, Creditors or their representatives in the reasonable determination of the Servicer, to (a) collect all amounts due under any the Transferred Receivables, including endorsing its name on checks and all Pool Assetsother instruments representing Collections on the Transferred Receivables, including, to execute and deliver, on behalf of the Trust executing and its successors and assigns, delivering any and all instruments of satisfaction or cancellation, cancellation or of partial or full release or discharge, discharge and all other comparable instruments, instruments with respect to the Pool Assets and, Transferred Receivables and (b) after delinquency of any Pool Receivable, the Transferred Receivables become delinquent and to the extent permitted under and in compliance with applicable law and regulations, to (i) commence proceedings with respect to enforcing the enforcement of payment of such Pool Receivable and the Related SecurityTransferred Receivables, (ii) adjust, settle or compromise any payments due thereunder, and adjusting(iii) initiate proceedings against any collateral securing the obligations due under the Transferred Receivables, settling in each case, consistent with the Credit and Collection Policies, (c) to make withdrawals from either Collection Account and any Series Account, as set forth in this Agreement, the Funding Agreement, the Indenture or compromising any Indenture Supplement, (d) to take any action required or permitted under any enhancement for any Series or class of Notes, as set forth in this Agreement, the account Indenture or payment thereof, to the same extent as the Seller could have done if it had continued to own the Pool Assetsany Indenture Supplement. The Trust Owner shall furnish the (or cause to be furnished) 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, and Owner shall assist Servicer to the fullest extent to enable Servicer to collect the Transferred Receivables and otherwise discharge its duties hereunder and (e) to deliver “Instructions” and other directions as agent to the investment of funds credited to the Trust Accounts (as such terms are defined in the Custody and Control Agreement) or behalf of the TrustSuccessor Owner; provided that such directions will limit the investment of funds only to Permitted Investments (as such term is defined in the Custody and Control Agreement) maturing no later than the required distribution date for such funds or, if earlier, the date specified in the Related Documents.

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, desirable and not inconsistent consistent with the sale, transfer ownership of the Serviced Receivables by Issuer and assignment the pledge of an undivided co-ownership interest the Serviced Receivables to the Indenture Trustee under the Indenture 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 (a) collect all amounts due under any the Serviced Receivables, including endorsing its name on checks and all Pool Assetsother instruments representing Collections on the Serviced Receivables, including, to execute and deliver, on behalf of the Trust executing and its successors and assigns, delivering any and all instruments of satisfaction or cancellation, cancellation or of partial or full release or discharge, discharge and all other comparable instruments, instruments with respect to the Pool Assets andServiced Receivables, (b) after delinquency a Serviced Receivable is delinquent or after a Serviced Receivable becomes a Defaulted Receivable (or if a Serviced Receivable is at risk of any Pool imminently becoming a Defaulted Receivable, ) and to the extent permitted under and in compliance with applicable law and regulations, to (i) commence proceedings with respect to enforcing the enforcement of payment of such Pool Serviced Receivable and the Related Securityrelated Contract, (ii) adjust, settle or compromise any payments due thereunder and (iii) initiate proceedings against any collateral securing the obligations due under such Serviced Receivable, and adjustingotherwise enforce and exercise rights with respect to such collateral and the related Contract, settling in each case, consistent with the Credit and Collection Policies, (c) to direct the Indenture Trustee to make withdrawals from the Trust Accounts, in accordance with this Agreement, the Indenture or compromising any Indenture Supplement, (d) to take any action required or permitted under any enhancement for any Series or class of Notes, as set forth in this Agreement, the account Indenture or payment thereof, any Indenture Supplement and (e) to deliver instructions and other directions as to the same extent as investment of funds credited to the Seller could have done if it had continued to own the Pool AssetsTrust Accounts on behalf of Issuer in accordance with Section 2.2(c). The Trust Issuer shall furnish the (or cause to be furnished) to 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 hereunder, and Issuer shall assist Servicer to the Trustfullest extent to enable Servicer to collect the Serviced Receivables and otherwise discharge its duties hereunder.

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 EventEvent (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 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.