COSTS OF SERVICING; SERVICER'S FEE. (a) All costs of servicing each Contract in the manner required by this Section 4 shall be borne by the Servicer, but the Servicer shall be entitled to retain, out of any amounts actually recovered by the Servicer in the performance of its obligations under Section 4.03 hereof with respect to any Contract or the Equipment subject thereto, the Servicer's actual out-of-pocket expenses reasonably incurred in the course of such performance with respect to such Contract or Equipment (For all purposes of this Section 4, the Servicer's "out-of-pocket expenses" means only those expenses incurred to non-Affiliated third parties (E.G., outside counsel in a collection suit) and shall not include salaries, operating costs, overtime wages and other such "overhead" costs or expenses of the Servicer or its Affiliates, and shall not include expenses of or payments to an agent or subservicer allowed under Section 11.02, except that out-of-pocket expenses for the fees and expenses of an agent used to remarket Equipment subject to Contracts shall be included as "out-of- pocket expenses"). In addition, the Servicer shall be entitled to receive from the Transferor on each Payment Date any unreimbursed Nonrecoverable Advances or Servicer Advances with respect to any Contract (in accordance with Section 5) and a servicing fee (the "SERVICING FEE") in the amount described in paragraph (b) below.
Appears in 2 contracts
Samples: Contribution and Servicing Agreement (Dvi Receivables Corp Viii), Contribution and Servicing Agreement (Dvi Receivables Corp Viii)
COSTS OF SERVICING; SERVICER'S FEE. (a) All costs of servicing each Contract in the manner required by this Section 4 shall be borne by the Servicer, but the Servicer shall be entitled to retain, out of any amounts actually recovered by the Servicer in the performance of its obligations under Section 4.03 hereof with respect to any Contract or the Equipment subject thereto, the Servicer's actual out-of-pocket expenses reasonably incurred in the course of such performance with respect to such Contract or Equipment Equipment. (For all purposes of this Section 4, the Servicer's "out-of-pocket expenses" means only those expenses incurred to non-Affiliated third parties (E.G., outside counsel in a collection suit) and shall not include salaries, operating costs, overtime wages and other such "overhead" costs or expenses of the Servicer or its Affiliates, and shall not include expenses of or payments to an agent or subservicer allowed under Section 11.02, except that out-of-pocket expenses for the fees and expenses of an agent used to remarket Equipment subject to Contracts shall be included as "out-of- of-pocket expenses"). .) In addition, the Servicer shall be entitled to receive from the Transferor on each Payment Date any unreimbursed Nonrecoverable Advances or Servicer Advances with respect to any Contract (in accordance with Section 5) and a servicing fee (the "SERVICING FEEServicing Fee") in the amount described in paragraph (b) below.
Appears in 2 contracts
Samples: Contribution and Servicing Agreement (Dvi Receivables Corp Viii), Contribution and Servicing Agreement (Dvi Receivables Corp)
COSTS OF SERVICING; SERVICER'S FEE. (a) All costs of servicing each Contract in the manner required by this Section 4 shall be borne by the Servicer, but the Servicer shall be entitled to retain, out of any amounts actually recovered by the Servicer in the performance of its obligations under Section 4.03 hereof with respect to any Contract or the Equipment subject thereto, the Servicer's actual out-of-pocket expenses reasonably incurred in the course of such performance with respect to such Contract or Equipment (For for all purposes of this Section 4, the Servicer's "out-of-pocket expenses" means only those expenses incurred to non-Affiliated third parties (E.G.e.g., outside counsel in a collection suit) and shall not include salaries, operating costs, overtime wages and other such "overhead" costs or expenses of the Servicer or its Affiliates, and shall not include expenses of or payments to an agent or subservicer allowed under Section 11.02, except that out-of-pocket expenses for the fees and expenses of an agent used to remarket Equipment subject to Contracts shall be included as "out-of- of-pocket expenses"). In addition, the Servicer shall be entitled to receive from the Transferor on each Payment Date any unreimbursed Nonrecoverable Advances or Servicer Advances with respect to any Contract (in accordance with Section 5) and a servicing fee (the "SERVICING FEE") in the amount described in paragraph (b) below.
Appears in 1 contract
Samples: Contribution and Servicing Agreement (Dvi Receivables Corp Viii)
COSTS OF SERVICING; SERVICER'S FEE. (a) All costs of servicing each Contract in the manner required by this Section 4 shall be borne by the Servicer, but the Servicer shall be entitled to retain, out of any amounts actually recovered by the Servicer in the performance of its obligations under Section 4.03 hereof with respect to any Contract or the Equipment subject thereto, the Servicer's actual out-of-pocket expenses reasonably incurred in the course of such performance with respect to such Contract or Equipment (For all purposes of this Section 4, the Servicer's "out-of-pocket expenses" means only those expenses incurred to non-Affiliated third parties (E.G., outside counsel in a collection suit) and shall not include salaries, operating costs, overtime wages and other such "overhead" costs or expenses of the Servicer or its Affiliates, and shall not include expenses of or payments to an agent or subservicer allowed under Section 11.02, except that out-of-pocket expenses for the fees and expenses of an agent used to remarket Equipment subject to Contracts shall be included as "out-of- pocket expenses"). In addition, the Servicer shall be entitled to receive from the Transferor on each Payment Date any unreimbursed Nonrecoverable Advances or Servicer Advances with respect to any Contract (in accordance with Section 5) and a servicing fee (the "SERVICING FEEServicing Fee") in the amount described in paragraph (b) below.
Appears in 1 contract
Samples: Contribution and Servicing Agreement (Dvi Receivables Corp Viii)
COSTS OF SERVICING; SERVICER'S FEE. (a) All costs of servicing each Contract in the manner required by this Section 4 shall be borne by the Servicer, but the Servicer shall be entitled to retain, out of any amounts actually recovered by the Servicer in the performance of its obligations under Section 4.03 hereof with respect to any Contract or the Equipment subject thereto, the Servicer's actual out-of-pocket expenses reasonably incurred in the course of such performance with respect to such Contract or Equipment (For for all purposes of this Section 4, the Servicer's "out-of-pocket expenses" means only those expenses incurred to non-Affiliated third parties (E.G.e.g., outside counsel in a collection suit) and shall not include salaries, operating costs, overtime wages and other such "overhead" costs or expenses of the Servicer or its Affiliates, and shall not include expenses of or payments to an agent or subservicer allowed under Section 11.02, except that out-of-pocket expenses for the fees and expenses of an agent used to remarket Equipment subject to Contracts shall be included as "out-of- of-pocket expenses"). In addition, the Servicer shall be entitled to receive from the Transferor on each Payment Date any unreimbursed Nonrecoverable Advances or Servicer Advances with respect to any Contract (in accordance with Section 5) and a servicing fee (the "SERVICING FEEServicing Fee") in the amount described in paragraph (b) below.
Appears in 1 contract
Samples: Contribution and Servicing Agreement (Dvi Receivables Corp Viii)
COSTS OF SERVICING; SERVICER'S FEE. (a) All costs of servicing each Contract in the manner required by this Section 4 shall be borne by the Servicer, but the Servicer shall be entitled to retain, out of any amounts actually recovered by the Servicer in the performance of its obligations under Section 4.03 hereof with respect to any Contract or the Equipment subject thereto, the Servicer's actual out-of-pocket expenses reasonably incurred in the course of such performance with respect to such Contract or Equipment (For all purposes of this Section 4, the Servicer's "out-of-pocket expenses" means only those expenses incurred to non-Affiliated third parties (E.G., outside counsel in a collection suit) and shall not include salaries, operating costs, overtime wages and other such "overhead" costs or expenses of the Servicer or its Affiliates, and shall not include expenses of or payments to an agent or subservicer allowed under Section 11.02, except that out-of-pocket expenses for the fees and expenses of an agent used to remarket Equipment subject to Contracts shall be included as "out-of- of-pocket expenses"). In addition, the Servicer shall be entitled to receive from the Transferor on each Payment Date any unreimbursed Nonrecoverable Advances or Servicer Advances with respect to any Contract (in accordance with Section 5) and a servicing fee (the "SERVICING FEEServicing Fee") in the amount described in paragraph (b) below.
Appears in 1 contract
Samples: Contribution and Servicing Agreement (Dvi Receivables Corp Viii)
COSTS OF SERVICING; SERVICER'S FEE. (a) All costs of servicing each Contract in the manner required by this Section 4 shall be borne by the Servicer, but the Servicer shall be entitled to retain, out of any amounts actually recovered by the Servicer in the performance of its obligations under Section 4.03 hereof with respect to any Contract or the Equipment subject thereto, the Servicer's actual out-of-pocket expenses reasonably incurred in the course of such performance with respect to such Contract or Equipment Equipment. (For all purposes of this Section 4, the Servicer's "out-of-pocket expenses" means only those expenses incurred to non-Affiliated third parties (E.G., outside counsel in a collection suit) and shall not include salaries, operating costs, overtime wages and other such "overhead" costs or expenses of the Servicer or its Affiliates, and shall not include expenses of or payments to an agent or subservicer allowed under Section 11.02, except that out-of-pocket expenses for the fees and expenses of an agent used to remarket Equipment subject to Contracts shall be included as "out-of- of-pocket expenses."). ) In addition, the Servicer shall be entitled to receive from the Transferor on each Payment Date any unreimbursed Nonrecoverable Advances or Servicer Advances with respect to any Contract (in accordance with Section 5) and a servicing fee (the "SERVICING FEE") in the amount described in paragraph (b) below.
Appears in 1 contract
Samples: Contribution and Servicing Agreement (Dvi Receivables Corp Viii)
COSTS OF SERVICING; SERVICER'S FEE. (a) All costs of servicing each Contract in the manner required by this Section 4 shall be borne by the Servicer, but the Servicer shall be entitled to retain, out of any amounts actually recovered by the Servicer in the performance of its obligations under Section 4.03 hereof with respect to any Contract or the Equipment subject thereto, the Servicer's actual out-of-pocket expenses reasonably incurred in the course of such performance with respect to such Contract or Equipment (For for all purposes of this Section 4, the Servicer's "out-of-pocket expenses" means only those expenses incurred to non-Affiliated third parties (E.G., outside counsel in a collection suit) and shall not include salaries, operating costs, overtime wages and other such "overhead" costs or expenses of the Servicer or its Affiliates, and shall not include expenses of or payments to an agent or subservicer allowed under Section 11.02, except that out-of-pocket expenses for the fees and expenses of an agent used to remarket Equipment subject to Contracts shall be included as "out-of- of-pocket expenses"). In addition, the Servicer shall be entitled to receive from the Transferor on each Payment Date any unreimbursed Nonrecoverable Advances or Servicer Advances with respect to any Contract (in accordance with Section 5) and a servicing fee (the "SERVICING FEE") in the amount described in paragraph (b) below.
Appears in 1 contract
Samples: Contribution and Servicing Agreement (Dvi Receivables Corp Viii)