Common use of Binding Effect; Assignability; Survival of Provisions Clause in Contracts

Binding Effect; Assignability; Survival of Provisions. This Agreement shall be binding upon and inure to the benefit of Transferor, Servicer and Trustee and their respective successors and permitted assigns; provided, that Transferor shall not delegate any of its obligations hereunder. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until the termination of the Trust pursuant to Section 12. 1. The rights and remedies with respect to (a) any breach of any representation and warranty made by Transferor in Section 2.3 or Section 7.1, (b) any breach of any representation and warranty made by Servicer in Section 8.1 and (c) -68- the indemnification and payment provisions in Sections 3.9, 7.3, 8.4, 11.5 and 12.2(b) shall be continuing and shall survive any termination of this Agreement.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (International Comfort Products Corp), Pooling and Servicing Agreement (International Comfort Products Corp)

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Binding Effect; Assignability; Survival of Provisions. This Agreement shall be binding upon and inure to the benefit of Transferor, Servicer Servicer, the Verification Company and Trustee and their respective successors and permitted assigns; provided, that Transferor shall not delegate any of its obligations hereunder. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until the termination of the Trust pursuant to Section 12. 1. The rights and remedies with respect to (a) any breach ------------ of any representation and warranty made by Transferor in Section 2.3 2.4 or Section ----------- ------- 7.1, (b) any breach of any representation and warranty made by Servicer in --- Section 8.1 8.1, and (c) -68- the indemnification and payment provisions in Sections 3.9, ----------- ------------ 7.3, 8.4, 8.10, 11.5 and 12.2(b) shall be continuing and shall survive any --- --- ---- ---- ------- termination of this Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Healthcare Financial Partners Inc)

Binding Effect; Assignability; Survival of Provisions. This Agreement shall be binding upon and inure to the benefit of Transferor, Servicer and Trustee and their respective successors and permitted assigns; provided, that Transferor shall not delegate any of its obligations hereunder. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until the termination of the Trust pursuant to Section 12. 1. The rights and remedies with respect to (a) any breach of any representation and warranty made by Transferor in Section 2.3 or Section 7.1, (b) any breach of any representation and warranty made by Servicer in Section 8.1 and (c) -68- the indemnification and payment provisions in Sections 3.9, 7.3, 8.4, 11.5 and 12.2(b) shall be continuing and shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Big Flower Press Holdings Inc)

Binding Effect; Assignability; Survival of Provisions. This Agreement shall be binding upon and inure to the benefit of TransferorIssuer, Servicer and Trustee and their respective successors and permitted assigns; providedPROVIDED, that Transferor Issuer shall not delegate any of its obligations hereunder. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until the termination of the Trust obligations under this Agreement pursuant to Section 12. 1SECTION 12.1. The rights and remedies with respect to (a) any breach of any representation and warranty made by Transferor Issuer in Section SECTION 2.3 or Section SECTION 7.1, (b) any breach of any representation and warranty made by Servicer in Section SECTION 8.1 and (c) -68- the indemnification and payment provisions in Sections SECTIONS 3.9, 7.3, 8.4, 11.5 and 12.2(b12.4(b) shall be continuing and shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Indenture and Servicing Agreement (Vertis Inc)

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Binding Effect; Assignability; Survival of Provisions. This Agreement shall be binding upon and inure to the benefit of Transferor, Servicer and Trustee and their respective successors and permitted assigns; provided, that Transferor shall not delegate any of its obligations hereunder. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until the termination of the Trust pursuant to Section 12. 1. The rights and remedies with respect to (a) any breach of any representation and warranty made by Transferor in Section 2.3 or Section 7.1, (b) any breach of any representation and warranty made by Servicer in Section 8.1 and (c) -68- the indemnification and payment provisions in Sections 3.9, 7.3, 8.4, 11.5 and 12.2(b) shall be continuing and shall survive any the termination of this Agreement. This Section 13.14 and Sections 13.5, 13.9, 13.12, 13.15, 13.17 and 13.18 also shall survive the termination of this Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Ameriserve Food Distribution Inc /De/)

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