Common use of Duties of Servicer in General Clause in Contracts

Duties of Servicer in General. Servicer shall service the Receivables and the Related Transferred Assets and, subject to the terms and provisions of this Agreement, shall have full power and authority, acting alone or through any Sub-Servicer, to do any and all things in connection with such servicing that it may deem necessary or appropriate. Trustee shall execute and deliver to Servicer any powers of attorney or other instruments or documents that are prepared by Servicer and stated in an Officer's Certificate to be, and shall furnish Servicer with any documents in its possession, necessary or appropriate to enable Servicer to carry out its servicing duties. Servicer shall exercise at least the same care and apply the same policies with respect to the collection and servicing of the Receivables and the Related Transferred Assets that it would exercise and apply if it owned such Receivables and Related Transferred Assets, all in substantial compliance with applicable law and in accordance with the applicable Credit and Collection Policy substantially in the form of Exhibit G. Servicer shall take or cause to be taken (and shall cause each Sub-Servicer (if any) to take or cause to be taken) all such actions as Servicer deems necessary or appropriate to collect each Receivable and Related Transferred Asset, all in accordance with applicable law and the applicable Credit and Collection Policy. Without limiting the generality of the foregoing and subject to the next preceding paragraph and Section 10.1, Servicer or its designee is hereby authorized and empowered, unless such power and authority is revoked by Trustee on account of the occurrence of a Servicer Default, (i) to instruct Trustee to make withdrawals and payments from the Transaction Accounts as set forth in this Agreement, (ii) to execute and deliver, on behalf of the Trust for the benefit of the Certificateholders, any and all instruments of satisfaction or cancellation, or of partial or full release or discharge, and all other comparable instruments, with respect to the Receivables and the Related Transferred Assets, (iii) to make any filings, reports, notices, applications and registrations with, and to seek any consents or authorizations from, the Securities and Exchange Commission and any state securities authority on behalf of the Trust as may be necessary or appropriate to comply with any Federal or state securities laws or reporting requirements or other laws or regulations, and (iv) to the extent permitted under and in compliance with the Credit and Collection Policy and with all applicable laws, rules, regulations, judgments, orders and decrees of courts and other Governmental Authorities (whether Federal, state, local or foreign) and all other tribunals, to commence or settle collection proceedings with respect to the Receivables and otherwise to enforce the rights and interests of the Trust and the Certificateholders in, to and under the Receivables or Related Transferred Assets (as applicable). Notwithstanding anything to the contrary in this Section 3.2(a), the Servicer may not take any action on behalf of Trustee or demand any power of attorney from Trustee, without Trustee's prior written consent, which would have the effect under this Agreement or any of the other Transaction Documents, of (i) increasing Trustee's duties, obligations or liabilities; (ii) decreasing Trustee's indemnities, immunities, compensation or rights to reimbursement (as to the amount, timing or priority of payment, or otherwise), (iii) joining Trustee to any litigation, (iv) impeding the Trustee's right to enforce the obligations of Servicer, ICP or any Seller, or (v) waiving any default in the full and timely payment to LaSalle National Bank for services rendered as Trustee, Successor Servicer, Paying Agent or Transfer Agent and Registrar of any fees, expenses or other amounts due to it.

Duties of Servicer in General. Servicer shall service the Receivables and the Related Transferred Assets and, subject to the terms and provisions of this Agreement, shall have full power and authority, acting alone or through any Sub-Servicer, to do any and all things in connection with such servicing that it may deem necessary or appropriate. Trustee shall execute and deliver to Servicer any powers of attorney or other instruments or documents that are prepared by Servicer and stated in an Officer's Certificate to be, and shall furnish Servicer with any documents in its possession, necessary or appropriate to enable Servicer to carry out its servicing duties. Servicer shall exercise at least the same care and apply the same policies with respect to the collection and servicing of the Receivables and the Related Transferred Assets that it would exercise and apply if it owned such Receivables and the Related Transferred Assets, all in substantial compliance with applicable law and in accordance with the applicable Credit and Collection Policy substantially in the form of Exhibit G. Policy. Servicer shall take or cause to be taken (and shall cause each Sub-Servicer (if any) to take or cause to be taken) all such actions as Servicer deems necessary or appropriate to collect each Receivable and Related Transferred Asset, all in accordance with applicable law and the applicable Credit and Collection Policy. Without limiting the generality of the foregoing and subject to the next preceding paragraph and Section 10.1, Servicer or its designee is hereby authorized and empowered, unless such power and authority is revoked by Trustee on account of the occurrence of a Servicer Default, (i) to instruct Trustee to make withdrawals and payments from the Transaction Accounts as set forth in this Agreement, (ii) to execute and deliver, on behalf of the Trust for the benefit of the CertificateholdersCertificateholders and Purchasers, any and all instruments of satisfaction or cancellation, or of partial or full release or discharge, and all other comparable instruments, with respect to the Receivables and the Related Transferred Assets, (iii) to make any filings, reports, notices, applications and registrations with, and to seek any consents or authorizations from, the Securities and Exchange Commission and any state securities authority on behalf of the Trust as may be necessary or appropriate to comply with any Federal federal or state securities laws or reporting requirements or other laws or regulations, and (iv) to the extent permitted under and in compliance with the Credit and Collection Policy and with all applicable laws, rules, regulations, judgments, orders and decrees of courts and other Governmental Authorities governmental authorities (whether Federalfederal, state, local or foreign) and all other tribunals, to commence or settle collection proceedings with respect to the Receivables and otherwise to enforce the rights and interests of the Trust and the Certificateholders and Purchasers in, to and under the Receivables or Related Transferred Assets (as applicable). Notwithstanding anything to the contrary in this Section 3.2(a), the Servicer may not take any action on behalf of Trustee or demand any power of attorney from Trustee, without Trustee's prior written consent, which would have the effect under this Agreement or any of the other Transaction Documents, of (i) increasing Trustee's duties, obligations or liabilities; (ii) decreasing Trustee's indemnities, immunities, compensation or rights to reimbursement (as to the amount, timing or priority of payment, or otherwise), (iii) joining Trustee to any litigation, (iv) impeding the Trustee's right to enforce the obligations of Servicer, ICP or any Seller, or (v) waiving any default in the full and timely payment to LaSalle National Bank for services rendered as Trustee, Successor Servicer, Paying Agent or Transfer Agent and Registrar of any fees, expenses or other amounts due to it.

Duties of Servicer in General. Servicer shall service the Receivables and the Related Transferred Pledged Assets and, subject to the terms and provisions of this Agreement, shall have full power and authority, acting alone or through any Sub-Servicer, to do any and all things in connection with such servicing that it may deem necessary or appropriate. Trustee shall execute and deliver to Servicer any powers of attorney or other instruments or documents that are prepared by Servicer and stated in an Officer's Certificate to be, and shall furnish Servicer with any documents in its possession, necessary or appropriate to enable Servicer to carry out its servicing duties. Servicer shall exercise at least the same care and apply the same policies with respect to the collection and servicing of the Receivables and the Related Transferred Pledged Assets that it would exercise and apply if it owned such Receivables and the Related Transferred Pledged Assets, all in substantial compliance with applicable law and in accordance with the applicable Credit and Collection Policy substantially in the form of Exhibit G. Policy. Servicer shall take or cause to be taken (and shall cause each Sub-Servicer (if any) to take or cause to be taken) all such actions as Servicer deems necessary or appropriate to collect each Receivable and Related Transferred Pledged Asset, all in accordance with applicable law and the applicable Credit and Collection Policy. Without limiting the generality of the foregoing and subject to the next preceding paragraph and Section SECTION 10.1, Servicer or its designee is hereby authorized and empowered, unless such power and authority is revoked by Trustee on account of the occurrence of a Servicer Default, (i) to collect and record payments, communicate with Obligors, investigate payment delinquencies, provide billing and tax records to Obligors and maintain internal records with respect to each Obligor, (ii) to instruct Trustee to make withdrawals and payments from the Transaction Accounts as set forth in this Agreement, (iiiii) to execute and deliver, on behalf of the Trust Issuer for the benefit of the CertificateholdersNoteholders, any and all instruments of satisfaction or cancellation, or of partial or full release or discharge, and all other comparable instruments, with respect to the Receivables and the Related Transferred Pledged Assets, (iiiiv) to make any filings, reports, notices, applications and registrations with, and to seek any consents or authorizations from, the Securities and Exchange Commission and any state securities authority on behalf of the Trust Issuer as may be necessary or appropriate to comply with any Federal federal or state securities laws or reporting requirements or other laws or regulations, and (ivv) to the extent permitted under and in compliance with the Credit and Collection Policy and with all applicable laws, rules, regulations, judgments, orders and decrees of courts and other Governmental Authorities governmental authorities (whether Federalfederal, state, local or foreign) and all other tribunals, to commence or settle collection proceedings with respect to the Receivables and otherwise to enforce the rights and interests of the Trust Trustee and the Certificateholders Noteholders in, to and under the Receivables or Related Transferred Pledged Assets (as applicable). Notwithstanding anything to the contrary in this Section 3.2(a), the Servicer may not take any action on behalf of Trustee or demand any power of attorney from Trustee, without Trustee's prior written consent, which would have the effect under this Agreement or any of the other Transaction Documents, of (i) increasing Trustee's duties, obligations or liabilities; (ii) decreasing Trustee's indemnities, immunities, compensation or rights to reimbursement (as to the amount, timing or priority of payment, or otherwise), (iii) joining Trustee to any litigation, (iv) impeding the Trustee's right to enforce the obligations of Servicer, ICP or any Seller, or (v) waiving any default in the full and timely payment to LaSalle National Bank for services rendered as Trustee, Successor Servicer, Paying Agent or Transfer Agent and Registrar of any fees, expenses or other amounts due to it.

Duties of Servicer in General. Servicer shall service the Receivables and the Related Transferred Assets and, subject to the terms and provisions of this Agreement, shall have full power and authority, acting alone or through any Sub-Sub- Servicer, to do any and all things in connection with such servicing that it may deem necessary or appropriate. Trustee shall execute and deliver to Servicer any powers of attorney or other instruments or documents that are prepared by Servicer and stated in an Officer's Certificate to be, and shall furnish Servicer with any documents in its possession, necessary or appropriate to enable Servicer to carry out its servicing duties. Servicer shall exercise at least the same care and apply the same policies with respect to the collection and servicing of the Receivables and the Related Transferred Assets that it would exercise and apply if it owned such Receivables and the Related Transferred Assets, all in substantial compliance with applicable law and in accordance with the applicable Credit and Collection Policy substantially in the form of Exhibit G. Policy. Servicer shall take or cause to be taken (and shall cause each Sub-Servicer (if any) to take or cause to be taken) all such actions as Servicer deems necessary or appropriate to collect each Receivable and Related Transferred Asset, all in accordance with applicable law and the applicable Credit and Collection Policy. Without limiting the generality of the foregoing and subject to the next preceding paragraph and Section 10.1Article X, Servicer or its designee is hereby authorized and empowered, unless such power and authority is revoked by Trustee on account of the occurrence of a Servicer Default, (i) to instruct Trustee to make withdrawals page 7 and payments from the Transaction Accounts as set forth in this Agreement (and any Supplement and PI Agreement), (ii) to execute and deliver, on behalf of the Trust for the benefit of the CertificateholdersCertificateholders and Purchasers, any and all instruments of satisfaction or cancellation, or of partial or full release or discharge, and all other comparable instruments, with respect to the Receivables and the Related Transferred Assets, (iii) to make any filings, reports, notices, applications and registrations with, and to seek any consents or authorizations from, the Securities and Exchange Commission and any state securities authority on behalf of the Trust as may be necessary or appropriate to comply with any Federal federal or state securities laws or reporting requirements or other laws or regulations, and (iv) to the extent permitted under and in compliance with the Credit and Collection Policy and with all applicable laws, rules, regulations, judgments, orders and decrees of courts and other Governmental Authorities (whether Federalfederal, state, local or foreign) and all other tribunals, to commence or settle collection proceedings with respect to the Receivables and otherwise to enforce the rights and interests of the Trust and the Certificateholders and Purchasers in, to and under the Receivables or Related Transferred Assets (as applicable). Notwithstanding anything to the contrary in this Section 3.2(a), the Servicer may not take any action on behalf of Trustee or demand any power of attorney from Trustee, without Trustee's prior written consent, which would have the effect under this Agreement or any of the other Transaction Documents, of (i) increasing Trustee's duties, obligations or liabilities; (ii) decreasing Trustee's indemnities, immunities, compensation or rights to reimbursement (as to the amount, timing or priority of payment, or otherwise), (iii) joining Trustee to any litigation, (iv) impeding the Trustee's right to enforce the obligations of Servicer, ICP or any Seller, or (v) waiving any default in the full and timely payment to LaSalle National Bank for services rendered as Trustee, Successor Servicer, Paying Agent or Transfer Agent and Registrar of any fees, expenses or other amounts due to it.