Duties of the Servicer. At any time following the appointment of a Successor Servicer: (a) the Servicer agrees that it shall terminate its activities as servicer hereunder in a manner acceptable to the Issuer so as to facilitate the transfer of servicing and equipment management to the Successor Servicer, including timely delivery (i) to the Issuer of any funds that were required to be deposited in the Collection Account and the Reserve Account and (ii) to the Successor Servicer, at a place selected by the Successor Servicer, of all Servicing Records and other information with respect to the Receivable Assets. The Servicer shall account for all funds and shall execute and deliver such instruments and do such other things as may reasonably be required to more fully and definitely vest and confirm in the Successor Servicer all rights, powers, duties, responsibilities, obligations and liabilities of the Servicer; and (b) the Servicer shall terminate each Sub-Servicing Agreement that may have been entered into by it and the Successor Servicer shall not be deemed to have assumed any of such outgoing servicer’s interest therein or to have replaced such outgoing servicer as a party to any such Sub-Servicing Agreement.
Appears in 12 contracts
Samples: Servicing Agreement (GE TF Trust), Servicing Agreement (GE TF Trust), Servicing Agreement (GE TF Trust)
Duties of the Servicer. At any time following the appointment of a Successor Servicer:
(a) the Servicer agrees that it shall terminate its activities as servicer hereunder in a manner acceptable to the Issuer so as to facilitate the transfer of servicing and equipment management to the Successor Servicer, including timely delivery (i) to the Issuer of any funds that were required to be deposited in the Collection Account and the Reserve Account and (ii) to the Successor Servicer, at a place selected by the Successor Servicer, of all Servicing Records and other information with respect to the Receivable AssetsLoans. The Servicer shall account for all funds and shall execute and deliver such instruments and do such other things as may reasonably be required to more fully and definitely vest and confirm in the Successor Servicer all rights, powers, duties, responsibilities, obligations and liabilities of the Servicer; and
(b) the Servicer shall terminate each Sub-Servicing Agreement that may have been entered into by it and the Successor Servicer shall not be deemed to have assumed any of such outgoing servicer’s interest therein or to have replaced such outgoing servicer as a party to any such Sub-Servicing Agreement.
Appears in 4 contracts
Samples: Servicing Agreement (GE Equipment Transportation LLC, Series 2012-1), Servicing Agreement (GE Equipment Transportation LLC, Series 2012-1), Servicing Agreement (GE Equipment Transportation LLC, Series 2012-2)
Duties of the Servicer. At any time following the appointment of a Successor Servicer:
(a) the Servicer agrees that it shall terminate its activities as servicer hereunder in a manner acceptable to the Issuer so as to facilitate the transfer of servicing and equipment management to the Successor Servicer, including timely delivery (i) to the Issuer of any funds that were required to be deposited in the Collection Account and the Reserve Account and (ii) to the Successor Servicer, at a place selected by the Successor Servicer, of all Servicing Records and other information with respect to the Receivable Purchaser Assets. The Servicer shall account for all funds and shall execute and deliver such instruments and do such other things as may reasonably be required to more fully and definitely vest and confirm in the Successor Servicer all rights, powers, duties, responsibilities, obligations and liabilities of the Servicer; and
(b) the Servicer shall terminate each Sub-Servicing Agreement that may have been entered into by it and the Successor Servicer shall not be deemed to have assumed any of such outgoing servicer’s interest therein or to have replaced such outgoing servicer as a party to any such Sub-Servicing Agreement.
Appears in 4 contracts
Samples: Servicing Agreement (GE Equipment Midticket LLC, Series 2012-1), Servicing Agreement (GE Equipment Midticket LLC, Series 2012-1), Servicing Agreement (GE Equipment Midticket LLC, Series 2011-1)
Duties of the Servicer. At any time The Servicer covenants and agrees that, following the appointment of, or assumption of duties by, a Successor Servicer:
(a) the The Servicer agrees that it shall terminate its activities as servicer Servicer hereunder in a manner acceptable to the Issuer so as to facilitate that facilitates the transfer of servicing and equipment management duties to the Successor ServicerServicer and is otherwise acceptable to each Purchaser and the Administrative Agent and, including without limiting the generality of the foregoing, shall timely delivery deliver (i) any funds to the Issuer of any funds Administrative Agent that were required to be deposited remitted to the Administrative Agent for deposit in the Collection Account and the Reserve Account and (ii) to the Successor Servicer, at a place selected by the Successor Servicer, of all Servicing Records and other information with respect to the Receivable AssetsTransferred Receivables to the Successor Servicer at a place selected by the Successor Servicer. The Servicer shall account for all funds and shall execute and deliver such instruments and do such other things as may reasonably be required to more fully and definitely vest and confirm in the Successor Servicer all rights, powers, duties, responsibilities, obligations and liabilities of the Servicer; and.
(b) the The Servicer shall terminate each existing Sub-Servicing Agreement that may have been entered into by it and the Successor Servicer shall not be deemed to have assumed any of such outgoing servicer’s interest the Servicer's interests therein or to have replaced such outgoing servicer the Servicer as a party to any such Sub-Servicing Agreementthereto.
Appears in 3 contracts
Samples: Receivables Purchase and Servicing Agreement (Bergen Brunswig Corp), Receivables Purchase and Servicing Agreement (Avondale Inc), Receivables Purchase and Servicing Agreement (Daisy Parts Inc)
Duties of the Servicer. At any time The Servicer covenants and agrees that, following the appointment of, or assumption of duties by, a Successor Servicer:
(a) the The Servicer agrees that it shall terminate its activities as servicer Servicer hereunder in a manner acceptable to the Issuer so as to facilitate that facilitates the transfer of servicing and equipment management duties to the Successor ServicerServicer and is otherwise acceptable to the Administrative Agent and, including without limiting the generality of the foregoing, shall timely delivery deliver (i) any funds to the Issuer of any funds Administrative Agent that were required to be deposited remitted to the Administrative Agent for deposit in the Collection Account and the Reserve Account and (ii) to the Successor Servicer, at a place selected by the Successor Servicer, of all Servicing Records and other information with respect to the Receivable AssetsTransferred Receivables to the Successor Servicer at a place selected by the Successor Servicer. The Servicer shall account for all funds and shall execute and deliver such instruments and do such other things as may be reasonably be required to more fully and definitely vest and confirm in the Successor Servicer all rights, powers, duties, responsibilities, obligations and liabilities of the Servicer; and.
(b) the The Servicer shall terminate each existing Sub-Servicing Agreement that may have been entered into by it and the Successor Servicer shall not be deemed to have assumed any of such outgoing servicer’s interest the Servicer's interests therein or to have replaced such outgoing servicer the Servicer as a party to any such Sub-Servicing Agreementthereto.
Appears in 2 contracts
Samples: Receivables Funding Agreement (Alpine Group Inc /De/), Receivables Funding Agreement (Superior Telecom Inc)
Duties of the Servicer. At any time following the appointment of a Successor Servicer:
(a) the Servicer agrees that it shall terminate its activities as servicer hereunder in a manner acceptable to the Issuer so as to facilitate the transfer of servicing [and equipment management management] to the Successor Servicer, including timely delivery (i) to the Issuer of any funds that were required to be deposited in the Collection Account and the Reserve Account and (ii) to the Successor Servicer, at a place selected by the Successor Servicer, of all Servicing Records and other information with respect to the Receivable [Loans] [Purchaser Assets]. The Servicer shall account for all funds and shall execute and deliver such instruments and do such other things as may reasonably be required to more fully and definitely vest and confirm in the Successor Servicer all rights, powers, duties, responsibilities, obligations and liabilities of the Servicer; and
(b) the Servicer shall terminate each Sub-Servicing Agreement that may have been entered into by it and the Successor Servicer shall not be deemed to have assumed any of such outgoing servicer’s interest therein or to have replaced such outgoing servicer as a party to any such Sub-Servicing Agreement.
Appears in 2 contracts
Samples: Servicing Agreement (Cef Equipment Holding LLC), Servicing Agreement (Cef Equipment Holding LLC)
Duties of the Servicer. At any time The Servicer covenants and agrees that, following the appointment of, or assumption of duties by, a Successor Servicer:
(a) the The Servicer agrees that it shall terminate its activities as servicer Servicer hereunder in a manner acceptable to the Issuer so as to facilitate that facilitates the transfer of servicing and equipment management duties to the Successor ServicerServicer and is otherwise acceptable to each Lender and the Administrative Agent and, including without limiting the generality of the foregoing, shall timely delivery deliver (i) any funds to the Issuer of any funds Administrative Agent that were required to be deposited remitted to the Administrative Agent for deposit in the Collection Account and the Reserve Account and (ii) to the Successor Servicer, at a place selected by the Successor Servicer, of all Servicing Records and other information with respect to the Receivable AssetsTransferred Receivables to the Successor Servicer at a place selected by the Successor Servicer. The Servicer shall account for all funds and shall execute and deliver such instruments and do such other things as may reasonably be required to more fully and definitely vest and confirm in the Successor Servicer all rights, powers, duties, responsibilities, obligations and liabilities of the Servicer; and.
(b) the The Servicer shall terminate each existing Sub-Servicing Agreement that may have been entered into by it and the Successor Servicer shall not be deemed to have assumed any of such outgoing servicer’s interest the Servicer's interests therein or to have replaced such outgoing servicer the Servicer as a party to any such Sub-Servicing Agreementthereto.
Appears in 2 contracts
Samples: Receivables Funding Agreement (Labor Ready Inc), Receivables Sale and Contribution Agreement (Consolidated Freightways Corp)
Duties of the Servicer. At any time following the appointment of a Successor Servicer:
(a) the Servicer agrees that it shall terminate its activities as servicer hereunder in a manner acceptable to the Issuer so as to facilitate the transfer of servicing and equipment management to the Successor Servicer, including timely delivery (i) to the Issuer of any funds that were required to be deposited in the Collection Account and the Reserve Account and (ii) to the Successor Servicer, at a place selected by the Successor Servicer, of all 700148759 06142559 Servicing Agreement Servicing Records and other information with respect to the Receivable AssetsLoans. The Servicer shall account for all funds and shall execute and deliver such instruments and do such other things as may reasonably be required to more fully and definitely vest and confirm in the Successor Servicer all rights, powers, duties, responsibilities, obligations and liabilities of the Servicer; and
(b) the Servicer shall terminate each Sub-Servicing Agreement that may have been entered into by it and the Successor Servicer shall not be deemed to have assumed any of such outgoing servicer’s interest therein or to have replaced such outgoing servicer as a party to any such Sub-Servicing Agreement.
Appears in 2 contracts
Samples: Servicing Agreement (GE Equipment Transportation LLC, Series 2011-1), Servicing Agreement (GE Equipment Transportation LLC, Series 2011-1)
Duties of the Servicer. At any time following the ---------------------- appointment of a Successor Servicer:
(a) the The Servicer agrees that it shall will terminate its activities as servicer Servicer hereunder in a manner acceptable to the Issuer Collateral Agent so as to facilitate the transfer of servicing and equipment management to the Successor ServicerServicer including, including without limitation, timely delivery (i) to the Issuer Collateral Agent of any funds that were required to be deposited remitted to the Collateral Agent for deposit in the Collection Account and the Reserve Account Account, and (ii) to the Successor Servicer, at a place selected by the Successor Servicer, of all Servicing Records and other information with respect to the Receivable AssetsTransferred Receivables. The Servicer shall account for all funds and shall execute and deliver such instruments and do such other things as may reasonably be required to more fully and definitely vest and confirm in the Successor Servicer all rights, powers, duties, responsibilities, obligations and liabilities of the Servicer; and.
(b) the The Servicer shall terminate each Sub-Servicing Agreement that may have been entered into by it and the Successor Servicer shall not be deemed to have assumed any of such outgoing servicer’s the Servicer's interest therein or to have replaced such outgoing servicer the Servicer as a party to any such Sub-Servicing Agreement.
Appears in 2 contracts
Samples: Receivables Purchase and Servicing Agreement (New Pameco Georgia Corp), Receivables Purchase and Servicing Agreement (Merisel Inc /De/)
Duties of the Servicer. At any time The Servicer covenants and agrees that, following the appointment of, or assumption of duties by, a Successor Servicer:
(a) the The Servicer agrees that it shall terminate its activities as servicer Servicer hereunder in a manner acceptable to the Issuer so as to facilitate that facilitates the transfer of servicing and equipment management duties to the Successor ServicerServicer and is otherwise acceptable to the Administrative Agent and, including without limiting the generality of the foregoing, shall timely delivery deliver (i) any funds to the Issuer of any funds Administrative Agent that were required to be deposited remitted to the Administrative Agent for deposit in the Collection Account and the Reserve Agent Account and (ii) to the Successor Servicer, at a place selected by the Successor Servicer, of all Servicing Records and other information with respect to the Receivable AssetsTransferred Receivables to the Successor Servicer at a place selected by the Successor Servicer. The Servicer shall account for all funds and shall execute and deliver such instruments and do such other things as may reasonably be required to more fully and definitely vest and confirm in the Successor Servicer all rights, powers, duties, responsibilities, obligations and liabilities of the Servicer; and.
(b) the The Servicer shall terminate each existing Sub-Servicing Agreement that may have been entered into by it and the Successor Servicer shall not be deemed to have assumed any of such outgoing servicerthe Servicer’s interest interests therein or to have replaced such outgoing servicer the Servicer as a party to any such Sub-Servicing Agreementthereto.
Appears in 1 contract
Samples: Receivables Funding Agreement (Ak Steel Holding Corp)
Duties of the Servicer. At any time following the ---------------------- appointment of a Successor Servicer:
(a) the The Servicer agrees that it shall will terminate its activities as servicer Servicer hereunder in a manner acceptable to the Issuer Collateral Agent so as to facilitate the transfer of servicing and equipment management to the Successor ServicerServicer including, including without limitation, timely delivery (i) to the Issuer Collateral Agent of any funds that were required to be deposited remitted to the Collateral Agent for deposit in the Collection Account and the Reserve Account Account, and (ii) to the Successor Servicer, at a place selected by the Successor Servicer, of all Servicing Records and other information with respect to the Receivable AssetsTransferred Receivables. The Servicer shall account for all funds and shall execute and deliver such instruments and do such other things as may reasonably be required to more fully and definitely vest and confirm in the Successor Servicer all rights, powers, duties, responsibilities, obligations and liabilities of the Servicer; and.
(b) the The Servicer shall terminate each Sub-Servicing Agreement that may have been entered into by it and the Successor Servicer shall not be deemed to have assumed any of such outgoing servicer’s the Servicer's interest therein or to have replaced such outgoing servicer the Servicer as a party to any such Sub-Servicing Agreement.
Appears in 1 contract
Samples: Receivables Funding and Servicing Agreement (Consumer Portfolio Services Inc)
Duties of the Servicer. At any time following the appointment of a Successor Servicer:
(a) the Servicer agrees that it shall terminate its activities as servicer hereunder in a manner acceptable to the Issuer so as to facilitate the transfer of servicing [and equipment management management] to the Successor Servicer, including timely delivery (i) to the Issuer of any funds that were required to be deposited in the Collection Account and the Reserve Account and (ii) to the Successor Servicer, at a place selected by the Successor Servicer, of all Servicing Records and other information with respect to the Receivable [Loans] [Receivables Assets]. The Servicer shall account for all funds and shall execute and deliver such instruments and do such other things as may reasonably be required to more fully and definitely vest and confirm in the Successor Servicer all rights, powers, duties, responsibilities, obligations and liabilities of the Servicer; and
(b) the Servicer shall terminate each Consolidated Subservicing Agreement and each other Sub-Servicing Agreement that may have been entered into by it and the Successor Servicer shall not be deemed to have assumed any of such outgoing servicer’s interest therein or to have replaced such outgoing servicer as a party to the Consolidated Subservicing Agreement or any other such Sub-Servicing Agreement.
Appears in 1 contract
Duties of the Servicer. At any time The Servicer covenants and agrees that, following the appointment of, or assumption of duties by, a Successor Servicer:
(a) the The Servicer agrees that it shall terminate its activities as servicer Servicer hereunder in a manner acceptable to the Issuer so as to facilitate that facilitates the transfer of servicing and equipment management duties to the Successor ServicerServicer and is otherwise acceptable to each Purchaser and the Administrative Agent and, including without limiting the generality of the foregoing, shall timely delivery deliver (i) any funds to the Issuer of any funds Administrative Agent that were required to be deposited remitted to the Administrative Agent for deposit in the Collection Account and the Reserve Account and (ii) to the Successor Servicer, at a place selected by the Successor Servicer, of all Servicing Records and other information with respect to the Receivable AssetsTransferred Receivables to the Successor Servicer at a place selected by the Successor Servicer. The Servicer shall account for all funds and shall execute and deliver such instruments and do such other things as may reasonably be required to more fully and definitely vest and confirm in the Successor Servicer all rights, powers, duties, responsibilities, obligations and liabilities of the Servicer; and.
(b) the The Servicer shall terminate each existing Sub-Servicing Agreement that may have been entered into by it and the Successor Servicer shall not be deemed to have assumed any of such outgoing servicerthe Servicer’s interest interests therein or to have replaced such outgoing servicer the Servicer as a party to any such Sub-Servicing Agreementthereto.
Appears in 1 contract
Samples: Receivables Purchase and Servicing Agreement (Synnex Information Technologies Inc)
Duties of the Servicer. At any time The Servicer covenants and ---------------------- agrees that, following the appointment of, or assumption of duties by, a Successor Servicer:
(a) the The Servicer agrees that it shall terminate its activities as servicer Servicer hereunder in a manner acceptable to the Issuer so as to facilitate that facilitates the transfer of servicing and equipment management duties to the Successor ServicerServicer and is otherwise acceptable to each Lender and the Administrative Agent and, including without limiting the generality of the foregoing, shall timely delivery deliver (i) any funds to the Issuer of any funds Administrative Agent that were required to be deposited remitted to the Administrative Agent for deposit in the Collection Account and the Reserve Account and (ii) to the Successor Servicer, at a place selected by the Successor Servicer, of all Servicing Records and other information with respect to the Receivable AssetsTransferred Receivables to the Successor Servicer at a place selected by the Successor Servicer. The Servicer shall account for all funds and shall execute and deliver such instruments and do such other things as may reasonably be required to more fully and definitely vest and confirm in the Successor Servicer all rights, powers, duties, responsibilities, obligations and liabilities of the Servicer; and.
(b) the The Servicer shall terminate each existing Sub-Servicing Agreement that may have been entered into by it and the Successor Servicer shall not be deemed to have assumed any of such outgoing servicer’s interest the Servicer's interests therein or to have replaced such outgoing servicer the Servicer as a party to any such Sub-Servicing Agreementthereto.
Appears in 1 contract
Samples: Receivables Funding Agreement (Imperial Sugar Co /New/)
Duties of the Servicer. At any time The Servicer covenants and agrees that, following the appointment of, or assumption of duties by, a Successor Servicer:
(a) the The Servicer agrees that it shall terminate its activities as servicer Servicer hereunder in a manner acceptable to the Issuer so as to facilitate that facilitates the transfer of servicing and equipment management duties to the Successor ServicerServicer and is otherwise acceptable to the Purchaser and the Collateral Agent and, including without limiting the generality of the foregoing, shall timely delivery deliver (i) any funds to the Issuer of any funds Collateral Agent that were required to be deposited remitted to the Collateral Agent for deposit in the Collection Account and the Reserve Account and (ii) to the Successor Servicer, at a place selected by the Successor Servicer, of all Servicing Records and other information with respect to the Receivable AssetsTransferred Receivables to the Successor Servicer at a place selected by the Successor Servicer. The Servicer shall account for all funds and shall execute and deliver such instruments and do such other things as may reasonably be required to more fully and definitely vest and confirm in the Successor Servicer all rights, powers, duties, responsibilities, obligations and liabilities of the Servicer; and.
(b) the The Servicer shall terminate each existing Sub-Servicing Agreement that may have been entered into by it and the Successor Servicer shall not be deemed to have assumed any of such outgoing servicer’s interest the Servicer's interests therein or to have replaced such outgoing servicer the Servicer as a party to any such Sub-Servicing Agreementthereto.
Appears in 1 contract
Samples: Receivables Purchase and Servicing Agreement (Cone Mills Corp)
Duties of the Servicer. At any time The Servicer covenants and agrees that, following the appointment of, or assumption of duties by, a Successor Servicer:
(a) the The Servicer agrees that it shall terminate its activities as servicer Servicer hereunder in a manner acceptable to the Issuer so as to facilitate that facilitates the transfer of servicing and equipment management duties to the Successor ServicerServicer and is otherwise acceptable to the Lender and, including without limiting the generality of the foregoing, shall timely delivery deliver (i) any funds to the Issuer of any funds Lender that were required to be deposited remitted to the Lender for deposit in the Collection Account and the Reserve Account and (ii) to the Successor Servicer, at a place selected by the Successor Servicer, of all Servicing Records and other information with respect to the Receivable AssetsTransferred Receivables to the Successor Servicer at a place selected by the Successor Servicer. The Servicer shall account for all funds and shall execute and deliver such instruments and do such other things as may be reasonably be required to more fully and definitely vest and confirm in the Successor Servicer all rights, powers, duties, responsibilities, obligations and liabilities of the Servicer; and.
(b) the The Servicer shall terminate each existing Sub-Servicing Agreement that may have been entered into by it and the Successor Servicer shall not be deemed to have assumed any of such outgoing servicer’s interest the Servicer's interests therein or to have replaced such outgoing servicer the Servicer as a party to any such Sub-Servicing Agreementthereto.
Appears in 1 contract
Duties of the Servicer. At any time Each Servicer covenants and agrees that, following the appointment of, or assumption of duties by, a Successor Servicer:
(a) the Such Servicer agrees that it shall terminate its activities as servicer Servicer hereunder in a manner acceptable to the Issuer so as to facilitate that facilitates the transfer of servicing and equipment management duties to the Successor ServicerServicer and is otherwise acceptable to the Purchaser and the Administrative Agent and, including without limiting the generality of the foregoing, shall timely delivery deliver (i) any funds to the Issuer of any funds Administrative Agent that were required to be deposited remitted to the Administrative Agent for deposit in the Collection Account and the Reserve Account and (ii) to the Successor Servicer, at a place selected by the Successor Servicer, of all Servicing Records and other information with respect to the Receivable AssetsTransferred Receivables and the Related Security to the Successor Servicer at a place selected by the Successor Servicer. The Such Servicer shall account for all funds and shall execute and deliver such instruments and do such other things as may reasonably be required to more fully and definitely vest and confirm in the Successor Servicer all rights, powers, duties, responsibilities, obligations and liabilities of the such Servicer; and.
(b) the Such Servicer shall terminate each existing Sub-Servicing Agreement that may have been entered into by it and the Successor Servicer shall not be deemed to have assumed any of such outgoing servicer’s interest Servicer's interests therein or to have replaced such outgoing servicer Servicer as a party to any such Sub-Servicing Agreementthereto.
Appears in 1 contract
Samples: Receivables Purchase and Servicing Agreement (Castle a M & Co)
Duties of the Servicer. At any time The Servicer covenants and ---------------------- agrees that, following the appointment of, or assumption of duties by, a Successor Servicer:
(a) the The Servicer agrees that it shall terminate its activities as servicer Servicer hereunder in a manner acceptable to the Issuer so as to facilitate that facilitates the transfer of servicing and equipment management duties to the Successor ServicerServicer and is otherwise acceptable to the Purchaser and the Collateral Agent and, including without limiting the generality of the foregoing, shall timely delivery deliver (i) any funds to the Issuer of any funds Collateral Agent that were required to be deposited remitted to the Collateral Agent for deposit in the Collection Account and the Reserve Account and (ii) to the Successor Servicer, at a place selected by the Successor Servicer, of all Servicing Records and other information with respect to the Receivable AssetsTransferred Receivables to the Successor Servicer at a place selected by the Successor Servicer. The Servicer shall account for all funds and shall execute and deliver such instruments and do such other things as may reasonably be required to more fully and definitely vest and confirm in the Successor Servicer all rights, powers, duties, responsibilities, obligations and liabilities of the Servicer; and.
(b) the The Servicer shall terminate each existing Sub-Servicing Agreement that may have been entered into by it and the Successor Servicer shall not be deemed to have assumed any of such outgoing servicer’s interest the Servicer's interests therein or to have replaced such outgoing servicer the Servicer as a party to any such Sub-Servicing Agreementthereto.
Appears in 1 contract
Samples: Receivables Purchase and Servicing Agreement (Callaway Golf Co /Ca)