Common use of Back-up Servicing Clause in Contracts

Back-up Servicing. In the event that Santander Consumer is the Servicer, and (i) the long-term unsecured debt rating by Moody’s of Banco Santander, S.A. falls below “Baa3” (a “Ratings Trigger Event”) or (ii) Banco Santander, S.A. ceases to directly or indirectly own at least 50% of the common stock of Santander Consumer (an “Ownership Trigger Event”), Santander Consumer shall have in place a back-up servicing arrangement consistent with Moody’s published ratings criteria at the time of the Ratings Trigger Event or Ownership Trigger Event, as applicable, within 90 days of such Ratings Trigger Event or Ownership Trigger Event, respectively, unless it shall be acceptable to Moody’s at such time, or otherwise satisfy the Rating Agency Condition with respect to Moody’s, for Santander Consumer not to have in place a back-up servicing arrangement or to deviate from such published criteria.

Appears in 50 contracts

Samples: Sale and Servicing Agreement, Sale and Servicing Agreement (Drive Auto Receivables Trust 2019-4), Sale and Servicing Agreement (Drive Auto Receivables Trust 2019-4)

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Back-up Servicing. In the event that Santander Consumer is the Servicer, and (i) the long-term unsecured debt counterparty risk rating by Moody’s of Banco Santander, S.A. falls below “Baa3” (a “Ratings Trigger Event”) or (ii) Banco Santander, S.A. ceases to directly or indirectly own at least 50% of the common voting stock or voting power of Santander Consumer (an “Ownership Trigger Event”), Santander Consumer shall have in place a back-up servicing arrangement consistent with Moody’s published ratings criteria at the time of the Ratings Trigger Event or Ownership Trigger Event, as applicable, within 90 days of such Ratings Trigger Event or Ownership Trigger Event, respectively, unless it shall be acceptable to Moody’s at such time, or otherwise satisfy the Rating Agency Condition with respect to Moody’s, for Santander Consumer not to have in place a back-up servicing arrangement or to deviate from such published criteria.

Appears in 8 contracts

Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2022-7), Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2022-6), Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2022-6)

Back-up Servicing. In the event that Santander Consumer is the Servicer, and (i) the long-term unsecured debt counterparty risk rating by Moody’s Xxxxx’x of Banco Santander, S.A. falls below “Baa3” (a “Ratings Trigger Event”) or (ii) Banco Santander, S.A. ceases to directly or indirectly own at least 50% of the common voting stock or voting power of Santander Consumer (an “Ownership Trigger Event”), Santander Consumer shall have in place a back-up servicing arrangement consistent with Moody’s Xxxxx’x published ratings criteria at the time of the Ratings Trigger Event or Ownership Trigger Event, as applicable, within 90 days of such Ratings Trigger Event or Ownership Trigger Event, respectively, unless it shall be acceptable to Moody’s Xxxxx’x at such time, or otherwise satisfy the Rating Agency Condition with respect to Moody’sXxxxx’x, for Santander Consumer not to have in place a back-up servicing arrangement or to deviate from such published criteria.

Appears in 8 contracts

Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2022-7), Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2022-5), Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2022-5)

Back-up Servicing. In the event that Santander Consumer is the Servicer, and (i) the long-term unsecured debt counterparty risk rating by Moody’s of Banco Santander, S.A. falls below “Baa3” (a “Ratings Trigger Event”) or (ii) Banco Santander, S.A. ceases to directly or indirectly own at least 50% of the common voting stock or voting power of Santander Consumer (an “Ownership Trigger Event”), Santander Consumer shall have in place a back-up servicing arrangement consistent with Moody’s published ratings criteria at the time of the Ratings Trigger Event or Ownership Trigger Event, as applicable, within 90 days of such Ratings Trigger Event or Ownership Trigger Event, respectively, unless it shall be acceptable to Moody’s at such time, or otherwise satisfy the Rating Agency Condition with respect to Moody’s, for Santander Consumer not to have in place a back-up servicing arrangement or to deviate from such published criteria.. 11 Sale and Servicing Agreement (SDART 2024-2)

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2024-2), Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2024-2)

Back-up Servicing. In the event that Santander Consumer is the Servicer, and (i) the long-term unsecured debt counterparty risk rating by Moody’s of Banco Santander, S.A. falls below “Baa3” (a “Ratings Trigger Event”) or (ii) Banco Santander, S.A. ceases to directly or indirectly own at least 50% of the common voting stock or voting power of Santander Consumer (an “Ownership Trigger Event”), Santander Consumer shall have in place a back-up servicing arrangement consistent with Moody’s published ratings criteria at the time of the Ratings Trigger Event or Ownership Trigger Event, as applicable, within 90 days of such Ratings Trigger Event or Ownership Trigger Event, respectively, unless it shall be acceptable to Moody’s at such time, or otherwise satisfy the Rating Agency Condition with respect to Moody’s, for Santander Consumer not to have in place a back-up servicing arrangement or to deviate from such published criteria.. 11 Sale and Servicing Agreement (DRIVE 2020-2)

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Drive Auto Receivables Trust 2020-2), Sale and Servicing Agreement (Drive Auto Receivables Trust 2020-2)

Back-up Servicing. In the event that Santander Consumer is the Servicer, and (i) the long-term unsecured debt counterparty risk rating by Moody’s of Banco Santander, S.A. falls below “Baa3” (a “Ratings Trigger Event”) or (ii) Banco Santander, S.A. ceases to directly or indirectly own at least 50% of the common voting stock or voting power of Santander Consumer (an “Ownership Trigger Event”), Santander Consumer shall have in place a back-up servicing arrangement consistent with Moody’s published ratings criteria at the time of the Ratings Trigger Event or Ownership Trigger Event, as applicable, within 90 days of such Ratings Trigger Event or Ownership Trigger Event, respectively, unless it shall be acceptable to Moody’s at such time, or otherwise satisfy the Rating Agency Condition with respect to Moody’s, for Santander Consumer not to have in place a back-up servicing arrangement or to deviate from such published criteria.. 11 Sale and Servicing Agreement (SDART 2023-4)

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2023-4), Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2023-4)

Back-up Servicing. In the event that Santander Consumer is the Servicer, and (i) the long-term unsecured debt rating by Moody’s of Banco Santander, S.A. falls below “Baa3” (a “Ratings Trigger Event”) or (ii) Banco ii)Banco Santander, S.A. ceases to directly or indirectly own at least 50% of the common stock of Santander Consumer (an “Ownership Trigger Event”), Santander Consumer shall have in place a back-up servicing arrangement consistent with Moody’s published ratings criteria at the time of the Ratings Trigger Event or Ownership Trigger Event, as applicable, within 90 days of such Ratings Trigger Event or Ownership Trigger Event, respectively, unless it shall be acceptable to Moody’s at such time, or otherwise satisfy the Rating Agency Condition with respect to Moody’s, for Santander Consumer not to have in place a back-up servicing arrangement or to deviate from such published criteria.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables LLC), Sale and Servicing Agreement (Santander Drive Auto Receivables LLC)

Back-up Servicing. In the event that Santander Consumer is the Servicer, and (i) the long-term unsecured debt rating by Moody’s of Banco Santander, S.A. falls below “Baa3” (a “Ratings Trigger Event”) or (ii) Banco Santander, S.A. ceases to directly or indirectly own at least 50% of the common stock of Santander Consumer (an “Ownership Trigger Event”), Santander Consumer shall have in place a back-up servicing arrangement consistent with Moody’s published ratings criteria at the time of the Ratings Trigger Event or Ownership Trigger Event, as applicable, within 90 days of such Ratings Trigger Event or Ownership Trigger Event, respectively, unless it shall be acceptable to Moody’s at such time, or otherwise satisfy the Rating Agency Condition with respect to Moody’s, for Santander Consumer not to have in place a back-up servicing arrangement or to deviate from such published criteria.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables LLC), Sale and Servicing Agreement (Santander Drive Auto Receivables LLC)

Back-up Servicing. In the event that Santander Consumer is the Servicer, and (i) the long-term unsecured debt counterparty risk rating by Moody’s Xxxxx’x of Banco Santander, S.A. falls below “Baa3” (a “Ratings Trigger Event”) or (ii) Banco Santander, S.A. ceases to directly or indirectly own at least 50% of the common voting stock or voting power of Santander Consumer (an “Ownership Trigger Event”), Santander Consumer shall have in place a back-up servicing arrangement consistent with Moody’s published ratings criteria at the time of the Ratings Trigger Event or Ownership Trigger Event, as applicable, within 90 days of such Ratings Trigger Event or Ownership Trigger Event, respectively, unless it shall be acceptable to Moody’s Xxxxx’x at such time, or otherwise satisfy the Rating Agency Condition with respect to Moody’sXxxxx’x, for Santander Consumer not to have in place a back-up servicing arrangement or to deviate from such published criteria.. 11 Sale and Servicing Agreement (SDART 2024-4)

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2024-4), Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2024-4)

Back-up Servicing. In the event that Santander Consumer is the Servicer, and (i) the long-term unsecured debt counterparty risk rating by Moody’s Xxxxx’x of Banco Santander, S.A. falls below “Baa3” (a “Ratings Trigger Event”) or (ii) Banco Santander, S.A. ceases to directly or indirectly own at least 50% of the common voting stock or voting power of Santander Consumer (an “Ownership Trigger Event”), Santander Consumer shall have in place a back-up servicing arrangement consistent with Moody’s Xxxxx’x published ratings criteria at the time of the Ratings Trigger Event or Ownership Trigger Event, as applicable, within 90 days of such Ratings Trigger Event or Ownership Trigger Event, respectively, unless it shall be acceptable to Moody’s Xxxxx’x at such time, or otherwise satisfy the Rating Agency Condition with respect to Moody’sXxxxx’x, for Santander Consumer not to have in place a back-up servicing arrangement or to deviate from such published criteria.. 11 Sale and Servicing Agreement (SDART 2023-2)

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2023-2), Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2023-2)

Back-up Servicing. In the event that Santander Consumer is the Servicer, and (i) the long-term unsecured debt rating by Moody’s of Banco Santander, S.A. falls below “Baa3” (a “Ratings Trigger Event”) or (ii) Banco Santander, S.A. ceases to directly or indirectly own at least 50% of the common stock of Santander Consumer (an “Ownership Trigger Event”), Santander Consumer shall have in place a back-up servicing arrangement consistent with Moody’s published ratings criteria at the time of the Ratings Trigger Event or Ownership Trigger Event, as applicable, within 90 days of such Ratings Trigger Event or Ownership Trigger Event, respectively, unless it shall be acceptable to Moody’s at such time, or otherwise satisfy the Rating Agency Condition with respect to Moody’s, for Santander Consumer not to have in place a back-up servicing arrangement or to deviate from such published criteria.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables LLC), Sale and Servicing Agreement (Santander Drive Auto Receivables LLC)

Back-up Servicing. In the event that Santander Consumer is the Servicer, and (i) the long-term unsecured debt counterparty risk rating by Moody’s of Banco Santander, S.A. falls below “Baa3” (a “Ratings Trigger Event”) or (ii) Banco Santander, S.A. ceases to directly or indirectly own at least 50% of the common voting stock or voting power of Santander Consumer (an “Ownership Trigger Event”), Santander Consumer shall have in place a back-up servicing arrangement consistent with Moody’s published ratings criteria at the time of the Ratings Trigger Event or Ownership Trigger Event, as applicable, within 90 days of such Ratings Trigger Event or Ownership Trigger Event, respectively, unless it shall be acceptable to Moody’s at such time, or otherwise satisfy the Rating Agency Condition with respect to Moody’s, for Santander Consumer not to have in place a back-up servicing arrangement or to deviate from such published criteria.. 11 Sale and Servicing Agreement (SDART 2020-2)

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2020-2), Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2020-2)

Back-up Servicing. In the event that Santander Consumer is the Servicer, and (i) the long-term unsecured debt counterparty risk rating by Moody’s of Banco Santander, S.A. falls below “Baa3” (a “Ratings Trigger Event”) or (ii) Banco Santander, S.A. ceases to directly or indirectly own at least 50% of the common voting stock or voting power of Santander Consumer (an “Ownership Trigger Event”), Santander Consumer shall have in place a back-up servicing arrangement consistent with Moody’s published ratings criteria at the time of the Ratings Trigger Event or Ownership Trigger Event, as applicable, within 90 days of such Ratings Trigger Event or Ownership Trigger Event, respectively, unless it shall be acceptable to Moody’s at such time, or otherwise satisfy the Rating Agency Condition with respect to Moody’s, for Santander Consumer not to have in place a back-up servicing arrangement or to deviate from such published criteria.. 11 Sale and Servicing Agreement (SDART 2021-2)

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2021-2), Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2021-2)

Back-up Servicing. In the event that Santander Consumer is the Servicer, and (i) the long-term unsecured debt counterparty risk rating by Moody’s of Banco Santander, S.A. falls below “Baa3” (a “Ratings Trigger Event”) or (ii) Banco Santander, S.A. ceases to directly or indirectly own at least 50% of the common voting stock or voting power of Santander Consumer (an “Ownership Trigger Event”), Santander Consumer shall have in place a back-up servicing arrangement consistent with Moody’s published ratings criteria at the time of the Ratings Trigger Event or Ownership Trigger Event, as applicable, within 90 days of such Ratings Trigger Event or Ownership Trigger Event, respectively, unless it shall be acceptable to Moody’s at such time, or otherwise satisfy the Rating Agency Condition with respect to Moody’s, for Santander Consumer not to have in place a back-up servicing arrangement or to deviate from such published criteria.. 11 Sale and Servicing Agreement (SDART 2023-1)

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2023-1), Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2023-1)

Back-up Servicing. In the event that Santander Consumer is the Servicer, and (i) the long-term unsecured debt counterparty risk rating by Moody’s of Banco Santander, S.A. falls below “Baa3” (a “Ratings Trigger Event”) or (ii) Banco Santander, S.A. ceases to directly or indirectly own at least 50% of the common voting stock or voting power of Santander Consumer (an “Ownership Trigger Event”), Santander Consumer shall have in place a back-up servicing arrangement consistent with Moody’s published ratings criteria at the time of the Ratings Trigger Event or Ownership Trigger Event, as applicable, within 90 days of such Ratings Trigger Event or Ownership Trigger Event, respectively, unless it shall be acceptable to Moody’s at such time, or otherwise satisfy the Rating Agency Condition with respect to Moody’s, for Santander Consumer not to have in place a back-up servicing arrangement or to deviate from such published criteria.. 11 Sale and Servicing Agreement (DRIVE 2024-1)

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Drive Auto Receivables Trust 2024-1), Sale and Servicing Agreement (Drive Auto Receivables Trust 2024-1)

Back-up Servicing. In the event that Santander Consumer is the Servicer, and (i) the long-term unsecured debt counterparty risk rating by Moody’s of Banco Santander, S.A. falls below “Baa3” (a “Ratings Trigger Event”) or (ii) Banco Santander, S.A. ceases to directly or indirectly own at least 50% of the common voting stock or voting power of Santander Consumer (an “Ownership Trigger Event”), Santander Consumer shall have in place a back-up servicing arrangement consistent with Moody’s published ratings criteria at the time of the Ratings Trigger Event or Ownership Trigger Event, as applicable, within 90 days of such Ratings Trigger Event or Ownership Trigger Event, respectively, unless it shall be acceptable to Moody’s at such time, or otherwise satisfy the Rating Agency Condition with respect to Moody’s, for Santander Consumer not to have in place a back-up servicing arrangement or to deviate from such published criteria.. 11 Sale and Servicing Agreement (DRIVE 2021-1)

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Drive Auto Receivables Trust 2021-1), Sale and Servicing Agreement (Drive Auto Receivables Trust 2021-1)

Back-up Servicing. In the event that Santander Consumer is the Servicer, and (i) the long-term unsecured debt counterparty risk rating by Moody’s of Banco Santander, S.A. falls below “Baa3” (a “Ratings Trigger Event”) or (ii) Banco Santander, S.A. ceases to directly or indirectly own at least 50% of the common voting stock or voting power of Santander Consumer (an “Ownership Trigger Event”), Santander Consumer shall have in place a back-up servicing arrangement consistent with Moody’s published ratings criteria at the time of the Ratings Trigger Event or Ownership Trigger Event, as applicable, within 90 days of such Ratings Trigger Event or Ownership Trigger Event, respectively, unless it shall be acceptable to Moody’s at such time, or otherwise satisfy the Rating Agency Condition with respect to Moody’s, for Santander Consumer not to have in place a back-up servicing arrangement or to deviate from such published criteria.. 11 Sale and Servicing Agreement (DRIVE 2021-2)

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Drive Auto Receivables Trust 2021-2), Sale and Servicing Agreement (Drive Auto Receivables Trust 2021-2)

Back-up Servicing. In the event that Santander Consumer is the Servicer, and (i) the long-term unsecured debt counterparty risk rating by Moody’s of Banco Santander, S.A. falls below “Baa3” (a “Ratings Trigger Event”) or (ii) Banco Santander, S.A. ceases to directly or indirectly own at least 50% of the common voting stock or voting power of Santander Consumer (an “Ownership Trigger Event”), Santander Consumer shall have in place a back-up servicing arrangement consistent with Moody’s published ratings criteria at the time of the Ratings Trigger Event or Ownership Trigger Event, as applicable, within 90 days of such Ratings Trigger Event or Ownership Trigger Event, respectively, unless it shall be acceptable to Moody’s at such time, or otherwise satisfy the Rating Agency Condition with respect to Moody’s, for Santander Consumer not to have in place a back-up servicing arrangement or to deviate from such published criteria.. 11 Sale and Servicing Agreement (DRIVE 2021-3)

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Drive Auto Receivables Trust 2021-3), Sale and Servicing Agreement (Drive Auto Receivables Trust 2021-3)

Back-up Servicing. In the event that Santander Consumer is the Servicer, and (i) the long-term unsecured debt counterparty risk rating by Moody’s of Banco Santander, S.A. falls below “Baa3” (a “Ratings Trigger Event”) or (ii) Banco Santander, S.A. ceases to directly or indirectly own at least 50% of the common voting stock or voting power of Santander Consumer (an “Ownership Trigger Event”), Santander Consumer shall have in place a back-up servicing arrangement consistent with Moody’s published ratings criteria at the time of the Ratings Trigger Event or Ownership Trigger Event, as applicable, within 90 days of such Ratings Trigger Event or Ownership Trigger Event, respectively, unless it shall be acceptable to Moody’s at such time, or otherwise satisfy the Rating Agency Condition with respect to Moody’s, for Santander Consumer not to have in place a back-up servicing arrangement or to deviate from such published criteria.. 11 Sale and Servicing Agreement (SDART 2021-1)

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2021-1), Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2021-1)

Back-up Servicing. In the event that Santander Consumer is the Servicer, and (i) the long-term unsecured debt counterparty risk rating by Moody’s Xxxxx’x of Banco Santander, S.A. falls below “Baa3” (a “Ratings Trigger Event”) or (ii) Banco Santander, S.A. ceases to directly or indirectly own at least 50% of the common voting stock or voting power of Santander Consumer (an “Ownership Trigger Event”), Santander Consumer shall have in place a back-up servicing arrangement consistent with Moody’s published ratings criteria at the time of the Ratings Trigger Event or Ownership Trigger Event, as applicable, within 90 days of such Ratings Trigger Event or Ownership Trigger Event, respectively, unless it shall be acceptable to Moody’s Xxxxx’x at such time, or otherwise satisfy the Rating Agency Condition with respect to Moody’sXxxxx’x, for Santander Consumer not to have in place a back-up servicing arrangement or to deviate from such published criteria.. 11 Sale and Servicing Agreement (DRIVE 2024-2)

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Drive Auto Receivables Trust 2024-2), Sale and Servicing Agreement (Drive Auto Receivables Trust 2024-2)

Back-up Servicing. In the event that Santander Consumer is the Servicer, and (i) the long-term unsecured debt rating by Moody’s of Banco Santander, S.A. falls below “Baa3” (a “Ratings Trigger Event”) or (ii) Banco Santander, S.A. ceases to directly or indirectly own at least 50% of the common stock of Santander Consumer (an “Ownership Trigger Event”), Santander Consumer shall have in place a back-up servicing arrangement consistent with Moody’s published ratings criteria at the time of the Ratings Trigger Event or Ownership Trigger Event, as applicable, within 90 days of such Ratings Trigger Event or Ownership Trigger Event, respectively, unless it shall be acceptable to Moody’s at such time, or otherwise satisfy the Rating Agency Condition with respect to Moody’s, for Santander Consumer not to have in place a back-up servicing arrangement or to deviate from such published criteria.. 11 Sale and Servicing Agreement (SDART 2019-3)

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2019-3), Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2019-3)

Back-up Servicing. In the event that Santander Consumer is the Servicer, and (i) the long-term unsecured debt counterparty risk rating by Moody’s Xxxxx’x of Banco Santander, S.A. falls below “Baa3” (a “Ratings Trigger Event”) or (ii) Banco Santander, S.A. ceases to directly or indirectly own at least 50% of the common voting stock or voting power of Santander Consumer (an “Ownership Trigger Event”), Santander Consumer shall have in place a back-up servicing arrangement consistent with Moody’s Xxxxx’x published ratings criteria at the time of the Ratings Trigger Event or Ownership Trigger Event, as applicable, within 90 days of such Ratings Trigger Event or Ownership Trigger Event, respectively, unless it shall be acceptable to Moody’s Xxxxx’x at such time, or otherwise satisfy the Rating Agency Condition with respect to Moody’sXxxxx’x, for Santander Consumer not to have in place a back-up servicing arrangement or to deviate from such published criteria.. 11 Sale and Servicing Agreement (SDART 2023-5)

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2023-5), Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2023-5)

Back-up Servicing. In the event that Santander Consumer is the Servicer, and (i) the long-term unsecured debt counterparty risk rating by Moody’s of Banco Santander, S.A. falls below “Baa3” (a “Ratings Trigger Event”) or (ii) Banco Santander, S.A. ceases to directly or indirectly own at least 50% of the common voting stock or voting power of Santander Consumer (an “Ownership Trigger Event”), Santander Consumer shall have in place a back-up servicing arrangement consistent with Moody’s published ratings criteria at the time of the Ratings Trigger Event or Ownership Trigger Event, as applicable, within 90 days of such Ratings Trigger Event or Ownership Trigger Event, respectively, unless it shall be acceptable to Moody’s at such time, or otherwise satisfy the Rating Agency Condition with respect to Moody’s, for Santander Consumer not to have in place a back-up servicing arrangement or to deviate from such published criteria.. 11 Sale and Servicing Agreement (SDART 2021-3)

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2021-3), Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2021-3)

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Back-up Servicing. In the event that Santander Consumer is the Servicer, and (i) the long-term unsecured debt rating by Moody’s Xxxxx’x of Banco Santander, S.A. falls below “Baa3” (a “Ratings Trigger Event”) or (ii) Banco Santander, S.A. ceases to directly or indirectly own at least 50% of the common stock of Santander Consumer (an “Ownership Trigger Event”), Santander Consumer shall have in place a back-up servicing arrangement consistent with Moody’s Xxxxx’x published ratings criteria at the time of the Ratings Trigger Event or Ownership Trigger Event, as applicable, within 90 days of such Ratings Trigger Event or Ownership Trigger Event, respectively, unless it shall be acceptable to Moody’s Xxxxx’x at such time, or otherwise satisfy the Rating Agency Condition with respect to Moody’sXxxxx’x, for Santander Consumer not to have in place a back-up servicing arrangement or to deviate from such published criteria.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables LLC), Sale and Servicing Agreement (Santander Drive Auto Receivables LLC)

Back-up Servicing. In the event that Santander Consumer is the Servicer, and (i) the long-term unsecured debt counterparty risk rating by Moody’s of Banco Santander, S.A. falls below “Baa3” (a “Ratings Trigger Event”) or (ii) Banco Santander, S.A. ceases to directly or indirectly own at least 50% of the common voting stock or voting power of Santander Consumer (an “Ownership Trigger Event”), Santander Consumer shall have in place a back-up servicing arrangement consistent with Moody’s published ratings criteria at the time of the Ratings Trigger Event or Ownership Trigger Event, as applicable, within 90 days of such Ratings Trigger Event or Ownership Trigger Event, respectively, unless it shall be acceptable to Moody’s at such time, or otherwise satisfy the Rating Agency Condition with respect to Moody’s, for Santander Consumer not to have in place a back-up servicing arrangement or to deviate from such published criteria.. 11 Sale and Servicing Agreement (DRIVE 2020-1)

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Drive Auto Receivables Trust 2020-1), Sale and Servicing Agreement (Drive Auto Receivables Trust 2020-1)

Back-up Servicing. In the event that Santander Consumer is the Servicer, and (i) the long-term unsecured debt counterparty risk rating by Moody’s of Banco Santander, S.A. falls below “Baa3” (a “Ratings Trigger Event”) or (ii) Banco Santander, S.A. ceases to directly or indirectly own at least 50% of the common voting stock or voting power of Santander Consumer (an “Ownership Trigger Event”), Santander Consumer shall have in place a back-up servicing arrangement consistent with Moody’s published ratings criteria at the time of the Ratings Trigger Event or Ownership Trigger Event, as applicable, within 90 days of such Ratings Trigger Event or Ownership Trigger Event, respectively, unless it shall be acceptable to Moody’s at such time, or otherwise satisfy the Rating Agency Condition with respect to Moody’s, for Santander Consumer not to have in place a back-up servicing arrangement or to deviate from such published criteria.. 11 Sale and Servicing Agreement (SDART 2020-4)

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2020-4), Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2020-4)

Back-up Servicing. In the event that Santander Consumer is the Servicer, and (i) the long-term unsecured debt counterparty risk rating by Moody’s of Banco Santander, S.A. falls below “Baa3” (a “Ratings Trigger Event”) or (ii) Banco Santander, S.A. ceases to directly or indirectly own at least 50% of the common voting stock or voting power of Santander Consumer (an “Ownership Trigger Event”), Santander Consumer shall have in place a back-up servicing arrangement consistent with Moody’s published ratings criteria at the time of the Ratings Trigger Event or Ownership Trigger Event, as applicable, within 90 days of such Ratings Trigger Event or Ownership Trigger Event, respectively, unless it shall be acceptable to Moody’s at such time, or otherwise satisfy the Rating Agency Condition with respect to Moody’s, for Santander Consumer not to have in place a back-up servicing arrangement or to deviate from such published criteria.. 11 Sale and Servicing Agreement (SDART 2024-1)

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2024-1), Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2024-1)

Back-up Servicing. In the event that Santander Consumer is the Servicer, and (i) the long-term unsecured debt rating by Moody’s of Banco Santander, S.A. falls below “Baa3” (a “Ratings Trigger Event”) or (ii) Banco Santander, S.A. ceases to directly or 10 Sale and Servicing Agreement (2017-1) indirectly own at least 50% of the common stock of Santander Consumer (an “Ownership Trigger Event”), Santander Consumer shall have in place a back-up servicing arrangement consistent with Moody’s published ratings criteria at the time of the Ratings Trigger Event or Ownership Trigger Event, as applicable, within 90 days of such Ratings Trigger Event or Ownership Trigger Event, respectively, unless it shall be acceptable to Moody’s at such time, or otherwise satisfy the Rating Agency Condition with respect to Moody’s, for Santander Consumer not to have in place a back-up servicing arrangement or to deviate from such published criteria.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables LLC), Sale and Servicing Agreement (Santander Drive Auto Receivables LLC)

Back-up Servicing. In the event that Santander Consumer is the Servicer, and (i) the long-term unsecured debt counterparty risk rating by Moody’s of Banco Santander, S.A. falls below “Baa3” (a “Ratings Trigger Event”) or (ii) Banco Santander, S.A. ceases to directly or indirectly own at least 50% of the common voting stock or voting power of Santander Consumer (an “Ownership Trigger Event”), Santander Consumer shall have in place a back-up servicing arrangement consistent with Moody’s published ratings criteria at the time of the Ratings Trigger Event or Ownership Trigger Event, as applicable, within 90 days of such Ratings Trigger Event or Ownership Trigger Event, respectively, unless it shall be acceptable to Moody’s at such time, or otherwise satisfy the Rating Agency Condition with respect to Moody’s, for Santander Consumer not to have in place a back-up servicing arrangement or to deviate from such published criteria.. 11 Sale and Servicing Agreement (SDART 2021-4)

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2021-4), Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2021-4)

Back-up Servicing. In the event that Santander Consumer is the Servicer, and (i) the long-term unsecured debt counterparty risk rating by Moody’s Xxxxx’x of Banco Santander, S.A. falls below “Baa3” (a “Ratings Trigger Event”) or (ii) Banco Santander, S.A. ceases to directly or indirectly own at least 50% of the common voting stock or voting power of Santander Consumer (an “Ownership Trigger Event”), Santander Consumer shall have in place a back-up servicing arrangement consistent with Moody’s Xxxxx’x published ratings criteria at the time of the Ratings Trigger Event or Ownership Trigger Event, as applicable, within 90 days of such Ratings Trigger Event or Ownership Trigger Event, respectively, unless it shall be acceptable to Moody’s Xxxxx’x at such time, or otherwise satisfy the Rating Agency Condition with respect to Moody’sXxxxx’x, for Santander Consumer not to have in place a back-up servicing arrangement or to deviate from such published criteria.. 11 Sale and Servicing Agreement (SDART 2023-6)

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2023-6), Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2023-6)

Back-up Servicing. In the event that Santander Consumer is the Servicer, and (i) the long-term unsecured debt counterparty risk rating by Moody’s of Banco Santander, S.A. falls below “Baa3” (a “Ratings Trigger Event”) or (ii) Banco Santander, S.A. ceases to directly or indirectly own at least 50% of the common voting stock or voting power of Santander Consumer (an “Ownership Trigger Event”), Santander Consumer shall have in place a back-up servicing arrangement consistent with Moody’s published ratings criteria at the time of the Ratings Trigger Event or Ownership Trigger Event, as applicable, within 90 days of such Ratings Trigger Event or Ownership Trigger Event, respectively, unless it shall be acceptable to Moody’s at such time, or otherwise satisfy the Rating Agency Condition with respect to Moody’s, for Santander Consumer not to have in place a back-up servicing arrangement or to deviate from such published criteria.. 11 Sale and Servicing Agreement (SDART 2023-3)

Appears in 1 contract

Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2023-3)

Back-up Servicing. In the event that Santander Consumer is the Servicer, and (i) the long-term unsecured debt rating by Moody’s of Banco Santander, S.A. falls below “Baa3” (a “Ratings Trigger Event”) or (ii) Banco Santander, S.A. ceases to directly or indirectly own at least 50% of the common stock of Santander Consumer (an “Ownership Trigger Event”), Santander Consumer shall have in place a back-up servicing arrangement consistent with Moody’s published ratings criteria at the time of the Ratings Trigger Event or Ownership Trigger Event, as applicable, within 90 days of such Ratings Trigger Event or Ownership Trigger Event, respectively, unless it shall be acceptable to Moody’s at such time, or otherwise satisfy the Rating Agency Condition with respect to Moody’s, for Santander Consumer not to have in place a back-up servicing arrangement or to deviate from such published criteria.]

Appears in 1 contract

Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables LLC)

Back-up Servicing. In the event that Santander Consumer is the Servicer, and (i) the long-term unsecured debt counterparty risk rating by Moody’s Xxxxx’x of Banco Santander, S.A. falls below “Baa3” (a “Ratings Trigger Event”) or (ii) Banco Santander, S.A. ceases to directly or indirectly own at least 50% of the common voting stock or voting power of Santander Consumer (an “Ownership Trigger Event”), Santander Consumer shall have in place a back-up servicing arrangement consistent with Moody’s published ratings criteria at the time of the Ratings Trigger Event or Ownership Trigger Event, as applicable, within 90 days of such Ratings Trigger Event or Ownership Trigger Event, respectively, unless it shall be acceptable to Moody’s Xxxxx’x at such time, or otherwise satisfy the Rating Agency Condition with respect to Moody’sXxxxx’x, for Santander Consumer not to have in place a back-up servicing arrangement or to deviate from such published criteria.. 11 Sale and Servicing Agreement (SDART 2024-5)

Appears in 1 contract

Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2024-5)

Back-up Servicing. In the event that Santander Consumer is the Servicer, and (i) the long-term unsecured debt counterparty risk rating by Moody’s Xxxxx’x of Banco Santander, S.A. falls below “Baa3” (a “Ratings Trigger Event”) or (ii) Banco Santander, S.A. ceases to directly or indirectly own at least 50% of the common voting stock or voting power of Santander Consumer (an “Ownership Trigger Event”), Santander Consumer shall have in place a back-up servicing arrangement consistent with Moody’s Xxxxx’x published ratings criteria at the time of the Ratings Trigger Event or Ownership Trigger Event, as applicable, within 90 days of such Ratings Trigger Event or Ownership Trigger Event, respectively, unless it shall be acceptable to Moody’s Xxxxx’x at such time, or otherwise satisfy the Rating Agency Condition with respect to Moody’sXxxxx’x, for Santander Consumer not to have in place a back-up servicing arrangement or to deviate from such published criteria.. 11 Sale and Servicing Agreement (SDART 2024-3)

Appears in 1 contract

Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2024-3)

Back-up Servicing. In the event that Santander Consumer is the Servicer, and (i) the long-term unsecured debt counterparty risk rating by Moody’s Xxxxx’x of Banco Santander, S.A. falls below “Baa3” (a “Ratings Trigger Event”) or (ii) Banco Santander, S.A. ceases to directly or indirectly own at least 50% of the common voting stock or voting power of Santander Consumer (an “Ownership Trigger Event”), Santander Consumer shall have in place a back-up servicing arrangement consistent with Moody’s Xxxxx’x published ratings criteria at the time of the Ratings Trigger Event or Ownership Trigger Event, as applicable, within 90 days of such Ratings Trigger Event or Ownership Trigger Event, respectively, unless it shall be acceptable to Moody’s Xxxxx’x at such time, or otherwise satisfy the Rating Agency Condition with respect to Moody’sXxxxx’x, for Santander Consumer not to have in place a back-up servicing arrangement or to deviate from such published criteria.]

Appears in 1 contract

Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables LLC)

Back-up Servicing. In the event that Santander Consumer is the Servicer, and (i) the long-term unsecured debt counterparty risk rating by Moody’s Xxxxx’x of Banco Santander, S.A. falls below “Baa3” (a “Ratings Trigger Event”) or (ii) Banco Santander, S.A. ceases to directly or indirectly own at least 50% of the common voting stock or voting power of Santander Consumer (an “Ownership Trigger Event”), Santander Consumer shall have in place a back-up servicing arrangement consistent with Moody’s Xxxxx’x published ratings criteria at the time of the Ratings Trigger Event or Ownership Trigger Event, as applicable, within 90 days of such Ratings Trigger Event or Ownership Trigger Event, respectively, unless it shall be acceptable to Moody’s Xxxxx’x at such time, or otherwise satisfy the Rating Agency Condition with respect to Moody’sXxxxx’x, for Santander Consumer not to have in place a back-up servicing arrangement or to deviate from such published criteria.. 11 Sale and Servicing Agreement (SDART 2023-3)

Appears in 1 contract

Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2023-3)

Back-up Servicing. In the event that Santander Consumer is the Servicer, and (i) the long-term unsecured debt rating by Moody’s of Banco Santander, S.A. falls below “Baa3” (a “Ratings Trigger Event”) or (ii) Banco Santander, S.A. ceases to directly or indirectly own at least 50% of the common stock of Santander Consumer (an “Ownership Trigger Event”), Santander Consumer shall have in place a back-up servicing arrangement consistent with Moody’s published ratings criteria at the time of the Ratings Trigger Event or Ownership Trigger Event, as applicable, within 90 days of such Ratings Trigger Event or Ownership Trigger Event, respectively, unless it shall be acceptable to Moody’s at such time, or otherwise satisfy the Rating Agency Condition with respect to Moody’s, for Santander Consumer not to have in place a back-up servicing arrangement or to deviate from such published criteria.. 10 Sale and Servicing Agreement (20[ ]-[ ])

Appears in 1 contract

Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables LLC)

Back-up Servicing. In the event that Santander Consumer is the Servicer, and (i) the long-term unsecured debt counterparty risk rating by Moody’s of Banco Santander, S.A. falls below “Baa3” (a “Ratings Trigger Event”) or (ii) Banco Santander, S.A. ceases to directly or indirectly own at least 50% of the common voting stock or voting power of Santander Consumer (an “Ownership Trigger Event”), Santander Consumer shall have in place a back-up servicing arrangement consistent with Moody’s published ratings criteria at the time of the Ratings Trigger Event or Ownership Trigger Event, as applicable, within 90 days of such Ratings Trigger Event or Ownership Trigger Event, respectively, unless it shall be acceptable to Moody’s at such time, or otherwise satisfy the Rating Agency Condition with respect to Moody’s, for Santander Consumer not to have in place a back-up servicing arrangement or to deviate from such published criteria.. 11 Sale and Servicing Agreement (SDART 2024-3)

Appears in 1 contract

Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2024-3)

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