Covenants of the Master Servicer and each Servicer. (a) The Master Servicer and each Servicer, severally and not jointly, hereby covenants to the Depositor, the Trustee and the Trust Administrator as follows: (i) Such Servicer or the Master Servicer (to the extent it is a successor servicer) shall comply in the performance of its obligations under this Agreement in all material respects with all reasonable rules and requirements of the insurer under each Mortgage Guaranty Insurance Policy; and (ii) No written information, certificate of an officer, statement furnished in writing or written report delivered to the Depositor, any affiliate of the Depositor, the Trustee or the Trust Administrator and prepared by the Master Servicer or such Servicer pursuant to this Agreement shall contain any untrue statement of a material fact. (b) The Master Servicer and each Servicer hereby agrees to indemnify the Trust Fund, the Depositor, the Master Servicer, the Trust Administrator and the Trustee for losses, damages, penalties, fines, forfeitures, reasonable and necessary legal fees and related costs, judgments and other costs and expenses imposed on or incurred by the Trust Fund, the Depositor, the Master Servicer, the Trust Administrator or the Trustee, as a result of a breach of the Master Servicer's or such Servicer's, as applicable, covenants set forth above in Section 2.08(a); provided, that the Master Servicer shall not provide indemnification for any damages caused by information provided to the Master Servicer by any other party to this Agreement, any Designated Servicer, the Interest Rate Cap Counterparty, the Swap Counterparty, any Custodian, any Subcontractor or any Sub-Servicer.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Adjustable Rate Mortgage Loan Trust 2007-2), Pooling and Servicing Agreement (Adjustable Rate Mortgage Loan Trust 2007-2)
Covenants of the Master Servicer and each Servicer. (a) The Master Servicer and each Servicer, severally and not jointly, hereby covenants to the Depositor, the Trustee and the Trust Administrator as follows:
(i) Such Servicer or the Master Servicer (to the extent it is a successor servicer) shall comply in the performance of its obligations under this Agreement in all material respects with all reasonable rules and requirements of the insurer under each Mortgage Guaranty Insurance Policy; and
(ii) No written information, certificate of an officer, statement furnished in writing or written report delivered to the Depositor, any affiliate of the Depositor, the Trustee or the Trust Administrator and prepared by the Master Servicer or such Servicer pursuant to this Agreement shall contain any untrue statement of a material fact.
(b) The Master Servicer and each Servicer hereby agrees to indemnify the Trust Fund, the Depositor, the Master Servicer, the Trust Administrator and the Trustee for losses, damages, penalties, fines, forfeitures, reasonable and necessary legal fees and related costs, judgments and other costs and expenses imposed on or incurred by the Trust Fund, the Depositor, the Master Servicer, the Trust Administrator or the Trustee, as a result of a breach of the Master Servicer's ’s or such Servicer's’s, as applicable, covenants set forth above in Section 2.08(a); provided, that the Master Servicer shall not provide indemnification for any damages caused by information provided to the Master Servicer by any other party to this Agreement, any Designated Servicer, the any Interest Rate Cap Counterparty, the any Swap Counterparty, any Custodian, any Subcontractor or any Sub-Servicer.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust 2007-6), Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust 2007-6)
Covenants of the Master Servicer and each Servicer. (a) The Master Servicer and each Servicer, severally and not jointly, hereby covenants to the Depositor, the Certificate Insurer, the Trustee and the Trust Administrator as follows:
(i) Such Servicer or the Master Servicer (to the extent it is a successor servicer) shall comply in the performance of its obligations under this Agreement in all material respects with all reasonable rules and requirements of the insurer under each applicable Mortgage Guaranty Insurance Policy; and
(ii) No written information, certificate of an officer, statement furnished in writing or written report delivered to the Depositor, any affiliate of the Depositor, the Certificate Insurer, the Trustee or the Trust Administrator and prepared by the Master Servicer or such Servicer pursuant to this Agreement shall will contain any untrue statement of a material fact.
(b) The Each Servicer, other than WMMSC, and the Master Servicer and each Servicer hereby agrees to indemnify the Trust Fund, the Depositor, the Master Servicer, the Certificate Insurer, the Trust Administrator and the Trustee for losses, damages, penalties, fines, forfeitures, reasonable and necessary legal fees and related costs, judgments and other costs and expenses imposed on or incurred by the Trust Fund, the DepositorServicer, the Master Servicer, the Trust Administrator Depositor or the Trustee, as a result of a breach of the such Servicer’s or Master Servicer's or such Servicer's’s, as applicable, covenants set forth above in Section 2.08(a); provided, provided that the Master Servicer shall not provide indemnification for any damages caused by information provided to the Master Servicer by any other party to this Agreement, any the Designated ServicerServicers, the Interest Rate Cap Counterparty, the Swap Yield Maintenance Agreement Counterparty, any Custodianthe Custodians, any Subcontractor or any Sub-Servicer.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust 2007-3), Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust 2007-3)
Covenants of the Master Servicer and each Servicer. (a) The Master Servicer and each Servicer, severally and not jointly, hereby covenants to the Depositor, the Trustee and the Trust Administrator as follows:
(i) Such Servicer or the Master Servicer (to the extent it is a successor servicer) shall comply in the performance of its obligations under this Agreement in all material respects with all reasonable rules and requirements of the insurer under each Mortgage Guaranty Insurance Policy; and
(ii) No written information, certificate of an officer, statement furnished in writing or written report delivered to the Depositor, any affiliate of the Depositor, the Trustee or the Trust Administrator and prepared by the Master Servicer or such Servicer pursuant to this Agreement shall contain any untrue statement of a material fact.
(b) The Master Servicer and each Servicer hereby agrees to indemnify the Trust Fund, the Depositor, the Master Servicer, the Trust Administrator and the Trustee for losses, damages, penalties, fines, forfeitures, reasonable and necessary legal fees and related costs, judgments and other costs and expenses imposed on or incurred by the Trust Fund, the Depositor, the Master Servicer, the Trust Administrator or the Trustee, as a result of a breach of the Master Servicer's ’s or such Servicer's’s, as applicable, covenants set forth above in Section 2.08(a); provided, that the Master Servicer shall not provide indemnification for any damages caused by information provided to the Master Servicer by any other party to this Agreement, any Designated Servicer, the Interest Rate Cap Counterparty, the Swap Counterparty, any Custodian, any Subcontractor or any Sub-Servicer.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (CSMC Asset-Backed Trust 2007-Nc1)
Covenants of the Master Servicer and each Servicer. (a) The Master Servicer and each Servicer, severally and not jointly, hereby covenants to the Depositor, the Trustee and the Trust Administrator as follows:
(i) Such Servicer or the Master Servicer (to the extent it is a successor servicer) shall comply in the performance of its obligations under this Agreement in all material respects with all reasonable rules and requirements of the insurer under each Mortgage Guaranty Insurance Policy; and
(ii) No written information, certificate of an officer, statement furnished in writing or written report delivered to the Depositor, any affiliate of the Depositor, the Trustee or the Trust Administrator and prepared by the Master Servicer or such Servicer pursuant to this Agreement shall contain any untrue statement of a material fact.
(b) The Master Servicer and each Servicer hereby agrees to indemnify the Trust Fund, the Depositor, the Master Servicer, the Trust Administrator and the Trustee for losses, damages, penalties, fines, forfeitures, reasonable and necessary legal fees and related costs, judgments and other costs and expenses imposed on or incurred by the Trust Fund, the Depositor, the Master Servicer, the Trust Administrator or the Trustee, as a result of a breach of the Master Servicer's or such Servicer's, as applicable, covenants set forth above in Section 2.08(a); provided, that the Master Servicer shall not provide indemnification for any damages caused by information provided to the Master Servicer by any other party to this Agreement, any Designated Servicer, the Interest Rate Cap Counterparty, the Swap Counterparty, any Custodian, any Subcontractor or any Sub-Servicer.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Adjustable Rate Mortgage Trust 2007-1)
Covenants of the Master Servicer and each Servicer. (a) The Master Servicer and each Servicer, severally and not jointly, hereby covenants to the Depositor, the Certificate Insurer, the Trustee and the Trust Administrator as follows:
(i) Such Servicer or the Master Servicer (to the extent it is a successor servicer) shall comply in the performance of its obligations under this Agreement in all material respects with all reasonable rules and requirements of the insurer under each Mortgage Guaranty Insurance Policy; and
(ii) No written information, certificate of an officer, statement furnished in writing or written report delivered to the Depositor, any affiliate of the Depositor, the Certificate Insurer, the Trustee or the Trust Administrator and prepared by the Master Servicer or such Servicer pursuant to this Agreement shall will contain any untrue statement of a material fact.
(b) The Each Servicer and the Master Servicer and each Servicer hereby agrees to indemnify the Trust Fund, the Depositor, the Master Servicer, the Certificate Insurer, the Trust Administrator and the Trustee for losses, damages, penalties, fines, forfeitures, reasonable and necessary legal fees and related costs, judgments and other costs and expenses imposed on or incurred by the Trust Fund, the DepositorServicer, the Master Servicer, the Trust Administrator Depositor or the Trustee, as a result of a breach of the such Servicer’s or Master Servicer's or such Servicer's’s, as applicable, covenants set forth above in Section 2.08(a); provided, provided that the Master Servicer shall not provide indemnification for any damages caused by information provided to the Master Servicer by any other party to this Agreement, any the Designated ServicerServicers, the Interest Rate Cap Counterparty, the Swap Yield Maintenance Agreement Counterparty, any Custodianthe Custodians, any Subcontractor or any Sub-Servicer.; provided further that WMMSC will not indemnify the Master Servicer pursuant to this Section 2.08..
Appears in 1 contract
Samples: Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust 2007-3)
Covenants of the Master Servicer and each Servicer. (a) The Master Servicer and each Servicer, severally and not jointly, hereby covenants to the Depositor, the Certificate Insurer, the Trustee and the Trust Administrator as follows:
(i) Such Servicer or the Master Servicer (to the extent it is a successor servicer) shall comply in the performance of its obligations under this Agreement in all material respects with all reasonable rules and requirements of the insurer under each applicable Mortgage Guaranty Insurance Policy; and
(ii) No written information, certificate of an officer, statement furnished in writing or written report delivered to the Depositor, any affiliate of the Depositor, the Certificate Insurer, the Trustee or the Trust Administrator and prepared by the Master Servicer or such Servicer pursuant to this Agreement shall will contain any untrue statement of a material fact.
(b) The Each Servicer and the Master Servicer and each Servicer hereby agrees to indemnify the Trust Fund, the Depositor, the Master Servicer, the Certificate Insurer, the Trust Administrator and the Trustee for losses, damages, penalties, fines, forfeitures, reasonable and necessary legal fees and related costs, judgments and other costs and expenses imposed on or incurred by the Trust Fund, the DepositorServicer, the Master Servicer, the Trust Administrator Depositor or the Trustee, as a result of a breach of the such Servicer’s or Master Servicer's or such Servicer's’s, as applicable, covenants set forth above in Section 2.08(a); provided, provided that the Master Servicer shall not provide indemnification for any damages caused by information provided to the Master Servicer by any other party to this Agreement, any the Designated ServicerServicers, the Interest Rate Cap Counterparty, the Swap Counterparty, any CustodianCustodians, any Subcontractor or any Sub-Servicer.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (CSAB Mortgage-Backed Trust 2007-1)