Common use of Duties with Respect to the Issuer Clause in Contracts

Duties with Respect to the Issuer. In addition to the duties of the Servicer set forth in this Agreement or any of the Basic Documents, the Servicer shall perform such calculations and shall prepare for execution by the Issuer or the Owner Trustee or shall cause the preparation by other appropriate Persons of all such documents, reports, filings, instruments, certificates and opinions as it shall be the duty of the Issuer or the Owner Trustee to prepare, file or deliver pursuant to this Agreement or any of the Basic Documents or under state and federal tax and securities laws and shall take all appropriate action that it is the duty of the Issuer to take pursuant to this Agreement or any of the Basic Documents. In accordance with the directions of the Issuer or the Owner Trustee, the Servicer shall administer, perform, or supervise the performance of such other activities in connection with the Basic Documents as are not covered by any of the foregoing provisions and as are expressly requested by the Issuer or the Owner Trustee and are reasonably within the capability of the Servicer. In carrying out the foregoing duties under this Agreement, the Servicer may enter into transactions with or otherwise deal with any of its Affiliates; provided, however, that the terms of any such transactions or dealings shall be in accordance with any directions received from the Issuer and shall be, in the Servicer’s opinion, no less favorable to the Issuer in any material respect.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Accredited Mortgage Loan Trust 2005-4), Sale and Servicing Agreement (Accredited Mortgage Loan Trust 2005-3)

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Duties with Respect to the Issuer. (i) In addition to the duties of the Servicer set forth in this Agreement or any of the Basic Related Documents, the Servicer shall perform such calculations and shall prepare for execution by the Issuer or the Owner Trustee or shall cause the preparation by other appropriate Persons of all such documents, reports, filings, instruments, certificates and opinions as it shall be the duty of the Issuer or the Owner Trustee to prepare, file or deliver pursuant to this Agreement or any of the Basic Related Documents or under state and federal tax and securities laws and shall take all appropriate action that it is the duty of the Issuer to take pursuant to this Agreement or any of the Basic Related Documents. In accordance with the directions of the Issuer or the Owner Trustee, the Servicer shall administer, perform, perform or supervise the performance of such other activities in connection with the Basic Related Documents as are not covered by any of the foregoing provisions and as are expressly requested by the Issuer or the Owner Trustee and are reasonably within the capability of the Servicer. In carrying out . (ii) Notwithstanding anything in this Agreement or any of the foregoing duties under this AgreementRelated Documents to the contrary, the Servicer may enter into transactions with shall be responsible for promptly notifying the Owner Trustee if any withholding tax is imposed on the Issuer's payments (or otherwise deal with allocations of income) to any of its Affiliates; provided, however, that the terms of any Certificateholder. Any such transactions or dealings notice shall be in accordance with writing and specify the amount of any directions received from withholding tax required to be withheld by the Issuer and shall be, in the Servicer’s opinion, no less favorable Owner Trustee pursuant to the Issuer in any material respectsuch provision.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Asset Backed Securities Corp), Sale and Servicing Agreement (Asset Backed Securities Corp)

Duties with Respect to the Issuer. (i) In addition to the duties of the Servicer set forth in this Agreement or any of the Basic Related Documents, the Servicer shall perform such calculations and shall prepare for execution by the Issuer or the Owner Trustee or shall cause the preparation by other appropriate Persons of all such documents, reports, filings, instruments, certificates and opinions as it shall be the duty of the Issuer or the Owner Trustee to prepare, file or deliver pursuant to this Agreement or any of the Basic Related Documents or under state and federal tax and securities laws and shall take all appropriate action that it is the duty of the Issuer to take pursuant to this Agreement or any of the Basic Related Documents. In accordance with the directions of the Issuer or the Owner Trustee, the Servicer shall administer, perform, perform or supervise the performance of such other activities in connection with the Basic Related Documents as are not covered by any of the foregoing provisions and as are expressly requested by the Issuer or the Owner Trustee and are reasonably within the capability of the Servicer. In carrying out . (ii) Notwithstanding anything in this Agreement or any of the foregoing duties under this AgreementRelated Documents to the contrary, the Servicer may enter into transactions with shall be responsible for promptly notifying the Owner Trustee if any withholding tax is imposed on the Issuer's payments (or otherwise deal with allocations of income) to any of its Affiliates; provided, however, that the terms of any Certificateholder(s). Any such transactions or dealings notice shall be in accordance with writing and specify the amount of any directions received from withholding tax required to be withheld by the Issuer and shall be, in the Servicer’s opinion, no less favorable Owner Trustee pursuant to the Issuer in any material respectsuch provision.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Paragon Auto Receivables Corp)

Duties with Respect to the Issuer. (i) In addition to the duties of the Servicer set forth in this Agreement or any of the Basic Documentsforegoing, the Servicer Administrator shall perform such calculations and shall prepare for execution by the Issuer or the Owner Eligible Lender Trustee or shall cause the preparation by other appropriate Persons of all such documents, reports, filings, instruments, certificates and opinions as it shall be the duty of the Issuer or the Owner Eligible Lender Trustee to prepare, file or deliver pursuant to this the Trust Agreement or any of the other Basic Documents or under state Documents, and federal tax and securities laws and at the request of the Eligible Lender Trustee shall take all appropriate action that it is the duty of the Issuer to take pursuant to this the Trust Agreement or any of the other Basic Documents. In Subject to Section 9.9 of these Standard Terms, and in accordance with the directions of the Issuer or the Owner Eligible Lender Trustee, the Servicer Administrator shall administer, perform, perform or supervise the performance of such other activities in connection with the Trust Estate (including the Basic Documents Documents) as are not covered by any of the foregoing provisions and as are expressly requested by the Issuer or the Owner Eligible Lender Trustee and are reasonably within the capability of the Servicer. Administrator. (ii) In carrying out the foregoing duties or any of its other obligations under this Agreement, the Servicer Administrator may enter into transactions with or otherwise deal with any of its Affiliates; provided, however, that the terms of any such transactions or dealings shall be in accordance with any directions received from the Issuer and shall be, in the Servicer’s Administrator's opinion, no less favorable to the Issuer in any material respectthan would be available from unaffiliated parties.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (Crestar Securitization LLC)

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Duties with Respect to the Issuer. (i) In addition to the duties of the Servicer set forth in this Agreement or any of the Basic Related Documents, the Servicer shall perform such calculations and shall prepare for execution by the Issuer or the Owner Trustee or shall cause the preparation by other appropriate Persons of all such documents, reports, filings, instruments, certificates and opinions as it shall be the duty of the Issuer or the Owner Trustee to prepare, file or deliver pursuant to this Agreement or any of the Basic Related Documents or under state and federal tax and securities laws and shall take all appropriate action that it is the duty of the Issuer to take pursuant to this Agreement or any of the Basic Related Documents. In accordance with the directions of the Issuer or the Owner Trustee, the Servicer shall administer, perform, perform or supervise the performance of such other activities in connection with the Basic Related Documents as are not covered by any of the foregoing provisions and as are expressly requested by the Issuer or the Owner Trustee and are reasonably within the capability of the Servicer. In carrying out . (ii) Notwithstanding anything in this Agreement or any of the foregoing duties under this AgreementBasic Documents to the contrary, the Servicer may enter into transactions with shall be responsible for promptly notifying the Owner Trustee if any withholding tax is imposed on the Issuer's payments (or otherwise deal with allocations of income) to any of its Affiliates; provided, however, that the terms of any Certificateholder. Any such transactions or dealings notice shall be in accordance with writing and specify the amount of any directions received from withholding tax required to be withheld by the Issuer and shall be, in the Servicer’s opinion, no less favorable Owner Trustee pursuant to the Issuer in any material respectsuch provision.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Paragon Auto Receivables Corp)

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