Common use of Collection of Certain Loan Payments Clause in Contracts

Collection of Certain Loan Payments. (a) The Servicer shall make reasonable efforts, consistent with the Credit and Collection Policy, to collect all payments required under the terms and provisions of the Loans. Consistent with the foregoing and the Credit and Collection Policy, the Servicer may in its discretion waive or permit to be waived any fee or charge which the Servicer would be entitled to retain hereunder as servicing compensation and extend the due date for payments due on a Loan as provided in Section 5.02(e). (b) The Servicer agrees not to make, or permit to be made, any change, in the direction of, or instructions with respect to, any payments to be made by an Obligor Lock–Box Bank from any Obligor Lock–Box or any Obligor Lock–Box Account in any manner that would diminish, impair, delay or otherwise adversely effect the timing or receipt of such payments by the Lock–Box Bank without the prior written consent of the Indenture Trustee and with the consent of the Majority Noteholders and the Hedge Counterparties. The Servicer further agrees to provide the Indenture Trustee promptly, but in no case later than one Business Day after the Servicer’s receipt, any notice it receives that an Obligor is changing the direction of or instructions with respect to any payments from any Obligor Lock–Box or any Obligor Lock–Box Account.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc)

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Collection of Certain Loan Payments. (a) The Servicer shall make reasonable efforts, consistent with the Credit and Collection Policy, to collect all payments required under the terms and provisions of the Loans. Consistent with the foregoing and the Credit and Collection Policy, the Servicer may in its discretion waive or permit to be waived any fee or charge which the Servicer would be entitled to retain hereunder as servicing compensation and extend the due date for payments due on a Loan an Underlying Note as provided in Section 5.02(e). (b) The Servicer agrees not to make, or permit to be made, any change, in the direction of, or instructions with respect to, any payments to be made by an Obligor Lock-Box Bank from any Obligor Lock-Box or any Obligor Lock-Box Account in any manner that would diminish, impair, delay or otherwise adversely effect the timing or receipt of such payments by the Lock-Box Bank without the prior written consent of the Indenture Trustee and with the consent of the Majority Noteholders and the Hedge Counterparties. The Servicer further agrees to provide the Indenture Trustee promptly, but in no case later than one (1) Business Day after the Servicer’s 's receipt, any notice it receives that an Obligor is changing the direction of or instructions with respect to any payments from any Obligor Lock-Box or any Obligor Lock-Box Account.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc)

Collection of Certain Loan Payments. (a) The Servicer shall make reasonable efforts, consistent with the Credit and Collection Policy, to collect all payments required under the terms and provisions of the Loans. Consistent with the foregoing and the Credit and Collection Policy, the Servicer may in its discretion waive or permit to be waived any fee or charge which the Servicer would be entitled to retain hereunder as servicing compensation and extend the due date for payments due on a Loan an Underlying Note as provided in Section subsection 5.02(e). (b) The Servicer agrees not to make, or permit to be made, any change, in the direction of, or instructions with respect to, any payments to be made by an Obligor Lock-Box Bank from any Obligor Lock-Box or any Obligor Lock-Box Account in any manner that would diminish, impair, delay or otherwise adversely effect the timing or receipt of such payments by the Lock-Box Bank without the prior written consent of the Indenture Trustee and with the consent of the Majority Noteholders and the Hedge Swap Counterparties. The Servicer further agrees to provide the Indenture Trustee promptly, but in no case later than one (1) Business Day after the Servicer’s 's receipt, any notice it receives that an Obligor is changing the direction of or instructions with respect to any payments from any Obligor Lock-Box or any Obligor Lock-Box Account.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Capitalsource Inc)

Collection of Certain Loan Payments. (a) The Servicer shall make reasonable efforts, consistent with the Credit and Collection Policy, to collect all payments required under the terms and provisions of the Loans. Consistent with the foregoing and the Credit and Collection Policy, the Servicer may in its discretion waive or permit to be waived any fee or charge which the Servicer would be entitled to retain hereunder as servicing compensation and extend the due date for payments due on a Loan an Underlying Note as provided in Section subsection 5.02(e). (b) The Servicer agrees not to make, or permit to be made, any change, in the direction of, or instructions with respect to, any payments to be made by an Obligor Lock–Lock - Box Bank from any Obligor Lock–Lock - Box or any Obligor Lock–Lock - Box Account in any manner that would diminish, impair, delay or otherwise adversely effect the timing or receipt of such payments by the Lock–Lock - Box Bank without the prior written consent of the Indenture Trustee and with the consent of the Majority Noteholders and the Hedge Counterparties. The Servicer further agrees to provide the Indenture Trustee promptly, but in no case later than one (1) Business Day after the Servicer’s 's receipt, any notice it receives that an Obligor is changing the direction of or instructions with respect to any payments from any Obligor Lock–Lock - Box or any Obligor Lock–Lock - Box Account.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Capitalsource Inc)

Collection of Certain Loan Payments. (a) The Servicer shall make reasonable efforts, consistent with the Credit and Collection Policy, to collect all payments required under the terms and provisions of the Loans. Consistent with the foregoing and the Credit and Collection Policy, the Servicer may in its discretion waive or permit to be waived any fee or charge which the Servicer would be entitled to retain hereunder as servicing compensation and extend the due date for payments due on a Loan as provided in Section 5.02(e). (b) The Servicer agrees not to make, or permit to be made, any change, in the direction of, or instructions with respect to, any payments to be made by an Obligor LockBox Bank from any Obligor LockBox or any Obligor LockBox Account in any manner that would diminish, impair, delay or otherwise adversely effect the timing or receipt of such payments by the LockBox Bank without the prior written consent of the Indenture Trustee and with the consent of the Majority Noteholders and the Hedge Counterparties. The Servicer further agrees to provide the Indenture Trustee promptly, but in no case later than one Business Day after the Servicer’s receipt, any notice it receives that an Obligor is changing the direction of or instructions with respect to any payments from any Obligor LockBox or any Obligor LockBox Account.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Capitalsource Inc)

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Collection of Certain Loan Payments. (a) The Servicer shall make reasonable efforts, consistent with the Credit and Collection Policy, to collect all payments required under the terms and provisions of the Loans. Consistent with the foregoing and the Credit and Collection Policy, the Servicer may in its discretion waive or permit to be waived any fee or charge which the Servicer would be entitled to retain hereunder as servicing compensation and extend the due date for payments due on a Loan as provided in Section 5.02(e). (b) The Servicer agrees not to make, or permit to be made, any change, in the direction of, or instructions with respect to, any payments to be made by an Obligor Lock–Box Bank from any Obligor Lock–Box or any Obligor Lock–Box Account in any manner that would diminish, impair, delay or otherwise adversely effect the timing or receipt of such payments by the Lock–Box Bank without the prior written consent of the Indenture Trustee and with the consent of the Majority Noteholders and the Hedge CounterpartiesNoteholders. The Servicer further agrees to provide the Indenture Trustee promptly, but in no case later than one Business Day after the Servicer’s receipt, any notice it receives that an Obligor is changing the direction of or instructions with respect to any payments from any Obligor Lock–Box or any Obligor Lock–Box Account.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Capitalsource Inc)

Collection of Certain Loan Payments. (a) The Servicer shall make reasonable efforts, consistent with the Credit and Collection Policy, to collect all payments required under the terms and provisions of the Loans. Consistent with the foregoing and the Credit and Collection Policy, the Servicer may in its discretion waive or permit to be waived any fee or charge which the Servicer would be entitled to retain hereunder as servicing compensation and extend the due date for payments due on a Loan as provided in Section 5.02(e). (b) The Servicer agrees not to make, or permit to be made, any change, in the direction of, or instructions with respect to, any payments to be made by an Obligor Lock-Box Bank from any Obligor Lock-Box or any Obligor Lock-Box Account in any manner that would diminish, impair, delay or otherwise adversely effect the timing or receipt of such payments by the Lock-Box Bank without the prior written consent of the Indenture Trustee and with the consent of the Majority Noteholders and the Hedge Counterparties. The Servicer further agrees to provide the Indenture Trustee promptly, but in no case later than one Business Day after the Servicer’s receipt, any notice it receives that an Obligor is changing the direction of or instructions with respect to any payments from any Obligor Lock-Box or any Obligor Lock-Box Account.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Capitalsource Inc)

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