Duties of Servicer. (a) The Servicer is hereby appointed by the Issuer and authorized to act as agent for the Issuer and in such capacity shall manage, service, administer and make collections on the Receivables, and perform the other actions required by the Servicer under this Agreement. The Servicer agrees that its servicing of the Receivables will be carried out in accordance with its Customary Servicing Practices, using the degree of skill and attention that the Servicer exercises with respect to all comparable motor vehicle receivables that it services for itself or others. The Servicer’s duties will include collection and posting of all payments, responding to inquiries of Obligors on such Receivables, investigating delinquencies, sending invoices or payment coupons to Obligors, reporting any required tax information to Obligors, accounting for Collections and furnishing monthly and annual statements to the Indenture Trustee with respect to distributions and performing the other duties specified herein. The Servicer is not required under the Transaction Documents to make any disbursements via wire transfer or otherwise on behalf of an Obligor. There are no requirements under the Receivables or the Transaction Documents for funds to be, and funds shall not be, held in trust for an Obligor. No payments or disbursements shall be made by the Servicer on behalf of the Obligor. The Servicer hereby accepts such appointment and authorization and agrees to perform the duties of Servicer with respect to the Receivables set forth herein.
Appears in 102 contracts
Samples: Sale and Servicing Agreement, Sale and Servicing Agreement, Sale and Servicing Agreement (Drive Auto Receivables Trust 2018-5)
Duties of Servicer. (a) The Servicer is hereby appointed by shall service and administer the Issuer Receivables in compliance with all applicable Federal and authorized to act as agent for State laws and regulations governing the Issuer Servicer and in such capacity shall manage, service, administer and make collections on the Receivables, and perform the other actions required by the Servicer under this Agreement. The Servicer agrees that its servicing of the Receivables will be carried out shall act prudently and in accordance with its Customary Servicing Practicescustomary and usual servicing procedures for other institutional servicers and applicable law, using and, to the extent not inconsistent with the foregoing, shall exercise that degree of skill and attention that the Servicer exercises with respect to all comparable motor vehicle receivables that care it services uses for itself or othersservicing assets held for its own account. The Servicer’s 's duties will shall include collection and posting of all payments, responding to inquiries of by Obligors or by Federal, State, or local governmental authorities on such the Receivables, investigating delinquencies, sending invoices payment books or payment coupons monthly statements to Obligors, reporting any required tax information responding to Obligors, accounting for Collections inquiries by Obligors with respect to the Receivables and furnishing monthly and annual statements Monthly Servicing Certificates to the Indenture Trustee with respect to distributions and performing any additional information reasonably requested by the other duties specified herein. The Servicer is not Trustee to enable the Trustee to make distributions and produce reports required under the Transaction Documents related Pooling and Servicing Agreements. Without limiting the generality of the foregoing, the Servicer shall be authorized and empowered to make execute and deliver any disbursements via wire transfer and all instruments of satisfaction or otherwise on behalf of an Obligor. There are no requirements under the Receivables or the Transaction Documents for funds to becancellation, and funds shall not beall other comparable instruments, held in trust for an Obligor. No payments or disbursements shall be made by the Servicer on behalf of the Obligor. The Servicer hereby accepts such appointment and authorization and agrees to perform the duties of Servicer with respect to the Receivables set forth hereinor the Financed Vehicles. If the Servicer shall commence a legal proceeding to enforce a Receivable, the Trustee, acting on behalf of the related Trust, shall thereupon be deemed to have automatically assigned such Receivable to the Servicer which assignment shall be solely for the purpose of collection. The Trustee, acting on behalf of the related Trust, shall furnish the Servicer with any powers of attorney and other documents necessary or appropriate to enable the Servicer to carry out its servicing and administrative duties hereunder.
Appears in 2 contracts
Samples: Master Servicing Agreement (Aegis Consumer Funding Group Inc), Master Servicing Agreement (Aegis Consumer Funding Group Inc)
Duties of Servicer. (a) The Servicer is hereby appointed by the Issuer and authorized to act as agent for the Issuer and in such capacity shall manage, service, administer and make collections on the Receivables, and perform the other actions required by the Servicer under this Agreement. The Servicer agrees that its servicing of the Receivables will be carried out in accordance with its Customary Servicing Practices, using the degree of skill and attention that the Servicer exercises with respect to all comparable motor vehicle receivables that it services for itself or others. The Servicer’s duties will include collection and posting of all payments, responding to inquiries of Obligors on such Receivables, investigating delinquencies, sending invoices or payment coupons to Obligors, reporting any required tax information to Obligors, accounting for Collections and furnishing monthly and annual statements to the Indenture Trustee with respect to distributions and performing the other duties specified herein. The Servicer is not required under the Transaction Documents to make any disbursements via wire transfer or otherwise on behalf of an Obligor. There are no requirements under the Receivables or the Transaction Documents for 4 Sale and Servicing Agreement (2016-2) funds to be, and funds shall not be, held in trust for an Obligor. No payments or disbursements shall be made by the Servicer on behalf of the Obligor. The Servicer hereby accepts such appointment and authorization and agrees to perform the duties of Servicer with respect to the Receivables set forth herein.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables LLC), Sale and Servicing Agreement (Santander Drive Auto Receivables LLC)
Duties of Servicer. (a) The Servicer is hereby appointed by the Issuer and authorized to act as agent for the Issuer and in such capacity shall manage, service, administer and make collections on the Receivables, and perform the other actions required by the Servicer under this Agreement. The Servicer agrees that its servicing of the Receivables will be carried out in accordance with its Customary Servicing Practices, using the degree of skill and attention that the Servicer exercises with respect to all comparable motor vehicle receivables that it services for itself or others. The Servicer’s duties will include collection and posting of all payments, responding to inquiries of Obligors on such Receivables, investigating pursuing delinquencies, sending providing invoices or other payment coupons information (which may be in electronic form) to Obligors, reporting any required tax information to Obligors, accounting for Collections and furnishing monthly and annual statements to the Indenture Trustee with respect to distributions and performing the other duties specified herein. The Servicer is not required under the Transaction Documents to make any disbursements via wire transfer or otherwise on behalf of an Obligor. There are no requirements under the Receivables or the Transaction Documents for funds to be, and funds shall not be, held in trust for an Obligor. No There are no requirements under the Receivables or the Transaction Documents for payments or disbursements shall to be made by the Servicer on behalf of the Obligor. The Servicer hereby accepts such appointment and authorization and agrees to perform the duties of Servicer with respect to the Receivables set forth herein.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Drive Auto Receivables Trust 2019-1), Sale and Servicing Agreement (Drive Auto Receivables Trust 2019-1)
Duties of Servicer. (a) The Servicer is hereby appointed by the Issuer and authorized to act as agent for the Issuer and in such capacity shall manage, service, administer and make collections on the Receivables, and perform the other actions required by the Servicer under this Agreement. The Servicer agrees that its servicing of the Receivables will be carried out in accordance with its Customary Servicing Practices, using the degree of skill and attention that the Servicer exercises with respect to all comparable motor vehicle receivables that it services for itself or others. The Servicer’s duties will include collection and posting of all payments, responding to inquiries of Obligors on such Receivables, investigating pursuing delinquencies, sending providing invoices or other payment coupons information (which may be in electronic in form) to Obligors, reporting any required tax information to Obligors, accounting for Collections and furnishing monthly and annual statements to the Indenture Trustee with respect to distributions and performing the other duties specified herein. The Servicer is not required under the Transaction Documents to make any disbursements via wire transfer or otherwise on behalf of an Obligor. There are no requirements under the Receivables or the Transaction Documents for funds to be, and funds shall not be, held in trust for an Obligor. No There are no requirements under the Receivables or the Transaction Documents for payments or disbursements shall to be made by the Servicer on behalf of the Obligor. The Servicer hereby accepts such appointment and authorization and agrees to perform the duties of Servicer with respect to the Receivables set forth herein.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables LLC)
Duties of Servicer. (a) The Servicer is hereby appointed by the Issuer and authorized to act as agent for the Issuer and in such capacity shall manage, service, administer and make collections on the Receivables, and perform the other actions required by the Servicer under this Agreement. The Servicer agrees that its servicing of the Receivables will be carried out in accordance with its Customary Servicing Practices, subject to the provisions herein, using the degree of skill and attention that the Servicer exercises with respect to all comparable motor vehicle receivables that it services for itself or others. The Servicer’s duties will include collection and posting of all payments, responding to inquiries of Obligors on such Receivables, investigating pursuing delinquencies, sending providing invoices or other payment coupons information (which may be in electronic form) to Obligors, reporting any required tax information to Obligors, Obligors and accounting for Collections and furnishing monthly and annual statements to the Indenture Trustee with respect to distributions and performing the other duties specified hereinCollections. The Servicer is not required under the Transaction Documents to make any disbursements via wire transfer or otherwise on behalf of an Obligor. There are no requirements under the Receivables or the Transaction Documents for funds to be, and funds shall not be, held in trust for an Obligor. No There are no requirements under the Receivables or the Transaction Documents for payments or disbursements shall to be made by the Servicer on behalf of the Obligor. The Servicer hereby accepts such appointment and authorization and agrees to perform the duties of Servicer with respect to the Receivables set forth herein.. Table of Contents
Appears in 1 contract
Samples: Servicing Agreement (Capital One Auto Receivables LLC)
Duties of Servicer. (a) The Servicer is hereby appointed by the Issuer and authorized to act as agent for the Issuer and in such capacity shall manage, service, administer and make collections on the Receivables, and perform the other actions required by the Servicer under this Agreement. The Servicer agrees that its servicing of the Receivables will be carried out in accordance with its Customary Servicing Practices, using the degree of skill and attention that the Servicer exercises with respect to all comparable motor vehicle receivables that it services for itself or others. The Servicer’s duties will include collection and posting of all payments, responding to inquiries of Obligors on such Receivables, investigating delinquencies, sending invoices or payment coupons to Obligors, reporting any required tax information to Obligors, accounting for Collections and furnishing monthly and annual statements to the Indenture Trustee with respect to distributions and performing the other duties specified herein. The Servicer is not required under the Transaction Documents to make any disbursements via wire transfer or otherwise on behalf of an Obligor. There are no requirements under the Receivables or the Transaction Documents for 4 Sale and Servicing Agreement (20[ ]-[ ]) funds to be, and funds shall not be, held in trust for an Obligor. No payments or disbursements shall be made by the Servicer on behalf of the Obligor. The Servicer hereby accepts such appointment and authorization and agrees to perform the duties of Servicer with respect to the Receivables set forth herein.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables LLC)
Duties of Servicer. (a) The Servicer is hereby appointed by the Issuer and authorized to act as agent for the Issuer Trust and in such capacity shall manage, service, administer and make collections on the Receivables (other than Purchased Receivables), and perform the other actions required by the Servicer under this Agreement, with reasonable care. The Without limiting the standard set forth in the preceding sentence, Servicer agrees that its servicing of the Receivables will be carried out in accordance with its Customary Servicing Practices, using the shall use a degree of skill skill, attention and attention care that the is not less than Servicer exercises with respect to all comparable motor vehicle receivables Motor Vehicle Loans that it services for itself or othersothers and that is consistent with prudent industry standards. The Servicer’s 's duties will shall include the collection and posting of all payments, responding to inquiries of by Obligors on such the Receivables, or by federal, state or local governmental authorities, investigating delinquencies, sending invoices or payment coupons or monthly invoices to Obligors, reporting any required tax information to Obligors, accounting for Collections and Collections, monitoring the status of Physical Damage Insurance Policies with respect to the Financed Vehicles as provided in Section 3.4(a), furnishing monthly and annual statements to the Indenture Trustee with respect to distributions distributions, providing collection and repossession services in the event of Obligor default and performing the other duties specified herein. The Servicer shall also administer and enforce all rights and responsibilities of the holder of the Receivables provided for in the Physical Damage Insurance Policies as provided in Section 3.4(b) and the Dealer Agreements. Without limiting the generality of the foregoing, Servicer is not required under the Transaction Documents hereby authorized and empowered by Trustee to make any disbursements via wire transfer or otherwise execute and deliver, on behalf of an Obligor. There are no requirements under itself, the Receivables Trust, Trustee and the Holders, any and all instruments of satisfaction or the Transaction Documents for funds to becancellation, or of partial or full release or discharge, and funds shall not beall other comparable instruments, held in trust for an Obligor. No payments or disbursements shall be made by the Servicer on behalf of the Obligor. The Servicer hereby accepts such appointment and authorization and agrees to perform the duties of Servicer with respect to the Receivables set forth herein.or
Appears in 1 contract
Duties of Servicer. (a) The Issuer hereby engages the Servicer is and the Servicer hereby appointed by the Issuer and authorized agrees to act as agent for the Issuer and in such capacity shall manage, service, administer and make collections on the Receivables (other than Purchased Receivables, and perform the other actions required by the Servicer under this Agreement. The Servicer agrees that its servicing of the Receivables will be carried out in accordance ) with its Customary Servicing Practicesreasonable care, using the that degree of skill and attention that the Servicer exercises with respect to all comparable motor vehicle receivables that it services for itself or others. The Servicer’s 's duties will shall include calculating, billing, collection and posting of all payments, responding to inquiries of Obligors on such Receivables, investigating delinquencies, sending invoices or payment coupons to Obligors, reporting any required tax information to ObligorsObligors (to the extent required under the related Contracts), accounting for Collections collections, and furnishing monthly and annual statements to the Owner Trustee and the Indenture Trustee with respect to distributions distributions. Subject to the provisions of Section 4.02, the Servicer shall follow its customary standards, policies and procedures in performing its duties as Servicer. Without limiting the other duties specified herein. The generality of the foregoing, the Servicer is not required under the Transaction Documents authorized and empowered to make any disbursements via wire transfer or otherwise execute and deliver, on behalf of an Obligor. There are no requirements under itself, the Receivables Issuer, the Owner Trustee, the Indenture Trustee, the Certificateholder and the Noteholders or the Transaction Documents for funds to beany of them, any and all instruments of satisfaction or cancellation, or partial or full release or discharge, and funds shall not beall other comparable instruments, held in trust for an Obligor. No payments or disbursements shall be made by the Servicer on behalf of the Obligor. The Servicer hereby accepts such appointment and authorization and agrees to perform the duties of Servicer with respect to such Receivables or to the Receivables set forth herein.Transaction Equipment securing such Receivables. If the Servicer shall commence a legal proceeding to enforce a Receivable, the Issuer (in the case of a Receivable other than a Purchased Receivable) shall thereupon be deemed to have automatically assigned, solely for the purpose of collection, such
Appears in 1 contract
Samples: Sale and Servicing Agreement (Caterpillar Financial Funding Corp)