Backup Servicing Agreement. The Issuer, the Indenture Trustee, the Servicer, the Depositor and the Backup Servicer hereby agree to execute the Backup Servicing Agreement. The Backup Servicer shall be responsible for each of the duties and obligations imposed upon it by the provisions of the Backup Servicing Agreement and shall have no duties or obligations under any Transaction Document to which it is not a party.
Backup Servicing Agreement. The Backup Servicer hereby remakes the representations and warranties made by it under the Backup Servicing Agreement.
Backup Servicing Agreement. The Servicer shall provide the Backup Servicer with all information, data and reports as required by the terms of the Backup Servicing Agreement.
Backup Servicing Agreement. The Backup Servicing Agreement shall terminate for any reason and, provided that the Company shall have used commercially reasonable efforts to timely engage a replacement Backup Servicer following such termination, within thirty (30) days of such termination no replacement agreement with an alternative backup servicer shall be effective; or
Backup Servicing Agreement. Borrower shall keep the Backup Servicing Agreement (or a substitute Backup Servicing Agreement with a lockbox agent acceptable to Agent) in full force and effect and shall perform its obligations thereunder, all in accordance with the terms and conditions set forth in the Backup Servicing Agreement.
Backup Servicing Agreement. Each of the Purchaser Agent and the Purchasers agrees that neither the Seller nor the Servicer shall have any obligation to pay or reimburse the Backup Servicer, the Purchaser Agent or any Purchaser for fees, costs and expenses incurred by the Backup Servicer, the Purchaser Agent or any Purchaser in connection with the preparation, negotiation, execution, delivery and administration of the Backup Servicing Agreement, including, without limitation, any fees or other amounts payable under the Backup Servicing Agreement.
Backup Servicing Agreement. If this Agreement is amended to increase the Commitments and join additional Lenders other than AloStar to this Agreement, then Borrower shall, within thirty (30) days after the date of such amendment, enter into a backup servicing agreement with a Backup Servicer in form and substance satisfactory to Agent.
Backup Servicing Agreement. The Backup Servicing Agreement or any provision thereof shall cease to be in full force or effect.
Backup Servicing Agreement. At all times after the date that is ninety (90) days after the Closing Date, Colonial is in compliance in all material respects with its obligations under the Backup Servicing Agreement, and such agreements remain in full force and effect in accordance with their terms (as such terms may be amended pursuant to Section 10.2.26 below).
Backup Servicing Agreement. Each of the Borrower and the Servicer agrees that within sixty (60) days of the Closing Date, the Borrower and Servicer will enter into a Backup Servicing Agreement, in form and substance satisfactory to the Administrative Agent, with Hewlett-Packard or such other backup servicer as may be acceptable to the Administrative Agent, in which such backup servicer agrees to assume responsibility for servicing the Pool Receivables as a replacement Servicer (following such replacement, the “Replacement Servicer”); provided that (i) the scope of the services to be provided by the Replacement Servicer with respect to all Pool Receivables shall include (A) all of the services currently performed by Hewlett Packard-Costa Rica with respect to a portion of the Pool Receivables and (B) such other reporting and other services as the Administrative Agent reasonably deems necessary to realize the value of such Receivables for the benefit of the Secured Parties and to protect the rights and interests of the Secured Parties with respect to the Collateral, (ii) the pricing for such services shall be set forth in such agreement and reasonably acceptable to the Administrative Agent, and (iii) the Transaction Parties shall have agreed to such actions as are reasonably necessary to enable the Replacement Servicer to perform its obligations thereunder at the request of the Administrative Agent following a Servicer Default, subject to such exceptions as the Administrative Agent shall agree. It is understood and agreed that such backup servicer shall not be required to replicate the Servicer’s Chicago-based systems. The Servicer shall provide current data to the backup servicer in a format compatible with the backup servicer’s systems.
