Common use of Effect of Servicing Transfer Clause in Contracts

Effect of Servicing Transfer. (a) After a transfer of servicing hereunder, the successor Servicer shall notify the Obligors to make directly to the successor Servicer payments that are due under the Receivables after the effective date of such transfer. (b) Except as provided in Section 8.2, after a transfer of servicing hereunder, the outgoing Servicer shall have no further obligations with respect to the administration, servicing, custody or collection of the Receivables and the successor Servicer shall have all of such obligations, except that the outgoing Servicer will transmit or cause to be transmitted directly to the successor Servicer for its own account, promptly on receipt and in the same form in which received, any amounts or items held by the outgoing Servicer (properly endorsed where required for the successor Servicer to collect any such items) received as payments upon or otherwise in connection with the Receivables. (c) Any successor Servicer shall provide the Depositor with access to the Receivable Files and to the successor Servicer’s records (whether written or automated) with respect to the Receivable Files. Such access shall be afforded without charge, but only upon reasonable request and during normal business hours at the offices of the successor Servicer. Nothing in this Section 8.3 shall affect the obligation of the successor Servicer to observe any applicable law prohibiting disclosure of information regarding the Obligors, and the failure of the Servicer to provide access to information as a result of such obligation shall not constitute a breach of this Section 8.3. (d) Any transfer of servicing hereunder shall not constitute an assumption by the related successor Servicer of any liability of the related outgoing Servicer arising out of any breach by such outgoing Servicer of such outgoing Servicer’s duties hereunder prior to such transfer of servicing.

Appears in 72 contracts

Samples: Sale and Servicing Agreement (Carmax Auto Funding LLC), Sale and Servicing Agreement (Carmax Auto Funding LLC), Sale and Servicing Agreement (CarMax Auto Owner Trust 2024-4)

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Effect of Servicing Transfer. (a) After a transfer of servicing hereunder, the Indenture Trustee or successor Servicer shall notify the Obligors to make directly to the successor Servicer payments that are due under the Receivables after the effective date of such transfer. (b) Except as provided in Section 8.2, after a transfer of servicing hereunder, the outgoing Servicer shall have no further obligations with respect to the administration, servicing, custody or collection of the Receivables and the successor Servicer shall have all of such obligations, except that the outgoing Servicer will transmit or cause to be transmitted directly to the successor Servicer for its own account, promptly on receipt and in the same form in which received, any amounts or items held by the outgoing Servicer (properly endorsed where required for the successor Servicer to collect any such items) received as payments upon or otherwise in connection with the Receivables. (c) Any successor Servicer shall provide the Depositor with access to the Receivable Files and to the successor Servicer’s records (whether written or automated) with respect to the Receivable Files. Such access shall be afforded without charge, but only upon reasonable request and during normal business hours at the offices of the successor Servicer. Nothing in this Section 8.3 shall affect the obligation of the successor Servicer to observe any applicable law prohibiting disclosure of information regarding the Obligors, and the failure of the Servicer to provide access to information as a result of such obligation shall not constitute a breach of this Section 8.3. (d) Any transfer of servicing hereunder shall not constitute an assumption by the related successor Servicer of any liability of the related outgoing Servicer arising out of any breach by such outgoing Servicer of such outgoing Servicer’s duties hereunder prior to such transfer of servicing.

Appears in 44 contracts

Samples: Sale and Servicing Agreement (Carmax Auto Funding LLC), Sale and Servicing Agreement (Carmax Auto Funding LLC), Sale and Servicing Agreement (CarMax Auto Owner Trust 2016-2)

Effect of Servicing Transfer. (a) After a transfer of servicing hereunder, the successor Indenture Trustee or Successor Servicer shall notify the Obligors to make directly to the successor Successor Servicer payments that are due under the Receivables after the effective date of such transfer. (b) Except as provided in Section 8.27.02, after a transfer of servicing hereunder, the outgoing Servicer shall have no further obligations with respect to the administration, servicing, custody or collection of the Receivables and the successor Successor Servicer shall have all of such obligations, except that the outgoing Servicer will transmit or cause to be transmitted directly to the successor Successor Servicer for its own account, promptly on receipt and in the same form in which received, any amounts or items held by the outgoing Servicer (properly endorsed where required for the successor Successor Servicer to collect any such items) received as payments upon or otherwise in connection with the Receivables. (c) Any successor Successor Servicer shall provide the Depositor with access to the Receivable Files and to the successor Successor Servicer’s records (whether written or automated) with respect to the Receivable Files. Such access shall be afforded without charge, but only upon reasonable request and during normal business hours at the offices of the successor Successor Servicer. Nothing in this Section 8.3 shall affect the obligation of the successor a Successor Servicer to observe any applicable law Applicable Law prohibiting disclosure of information regarding the Obligors, and the failure of the Servicer to provide access to information as a result of such obligation shall not constitute a breach of this Section 8.3Section. (d) Any transfer of servicing hereunder shall not constitute an assumption by the related successor Successor Servicer of any liability of the related outgoing Servicer arising out of any breach by such outgoing Servicer of such outgoing Servicer’s duties hereunder prior to such transfer of servicing.

Appears in 35 contracts

Samples: Sale and Servicing Agreement (Mercedes-Benz Auto Receivables Trust 2024-1), Sale and Servicing Agreement (Mercedes-Benz Auto Receivables Trust 2024-1), Sale and Servicing Agreement (Mercedes-Benz Auto Receivables Trust 2023-2)

Effect of Servicing Transfer. (a) After a the transfer of servicing hereunder, the Indenture Trustee or successor Servicer shall notify the Obligors to make directly to the successor Servicer payments that are due under the Receivables after the effective date of such transfer. (b) Except as provided in Section 8.2, 8.2 after a the transfer of servicing hereunder, the outgoing Servicer shall have no further obligations with respect to the administration, servicing, custody or collection of the Receivables and the successor Servicer shall have all of such obligations, except that the outgoing Servicer will transmit or cause to be transmitted directly to the successor Servicer for its own account, promptly on receipt and in the same form in which received, any amounts or items held by the outgoing Servicer (properly endorsed where required for the successor Servicer to collect any such items) received as payments upon or otherwise in connection with the ReceivablesReceivables and the outgoing Servicer shall continue to cooperate with the successor Servicer by providing information and in the enforcement of the Dealer Agreements. (c) Any successor Servicer shall provide the Depositor Seller with access to the Receivable Files and to the successor Servicer’s 's records (whether written or automated) with respect to the Receivable Files. Such access shall be afforded without charge, but only upon reasonable request and during normal business hours at the offices of the successor Servicer. Nothing in this Section 8.3 shall affect the obligation of the successor Servicer to observe any applicable law prohibiting disclosure of information regarding the Obligors, and the failure of the Servicer to provide access to information as a result of such obligation shall not constitute a breach of this Section 8.3. (d) Any transfer of servicing hereunder shall not constitute an assumption by the related successor Servicer of any liability of the related outgoing Servicer arising out of any breach by such outgoing Servicer of such outgoing Servicer’s duties hereunder prior to such transfer of servicing.

Appears in 32 contracts

Samples: Sale and Servicing Agreement (Mmca Auto Owner Trust 2001-1), Sale and Servicing Agreement (Mmca Auto Receivables Trust), Sale and Servicing Agreement (Mmca Auto Owner Trust 2001 2)

Effect of Servicing Transfer. (a) After a transfer of servicing hereunder, the Indenture Trustee or successor Servicer shall notify the Obligors to make directly to the successor Servicer payments that are due under the Receivables after the effective date of such transfer. (b) Except as provided in Section 8.2, after a transfer of servicing hereunder, the outgoing Servicer shall have no further obligations with respect to the administration, servicing, custody or collection of the Receivables and the successor Servicer shall have all of such obligations, except that the outgoing Servicer will transmit or cause to be transmitted directly to the successor Servicer for its own account, promptly on receipt and in the same form in which received, any amounts or items held by the outgoing Servicer (properly endorsed where required for the successor Servicer to collect any such items) received as payments upon or otherwise in connection with the Receivables. (c) Any successor Servicer shall provide the Depositor with access to the Receivable Files and to the successor Servicer’s 's records (whether written or automated) with respect to the Receivable Files. Such access shall be afforded without charge, but only upon reasonable request and during normal business hours at the offices of the successor Servicer. Nothing in this Section 8.3 shall affect the obligation of the successor Servicer to observe any applicable law prohibiting disclosure of information regarding the Obligors, and the failure of the Servicer to provide access to information as a result of such obligation shall not constitute a breach of this Section 8.3. (d) Any transfer of servicing hereunder shall not constitute an assumption by the related successor Servicer of any liability of the related outgoing Servicer arising out of any breach by such outgoing Servicer of such outgoing Servicer’s 's duties hereunder prior to such transfer of servicing.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (CarMax Auto Owner Trust 2008-1), Sale and Servicing Agreement (Pooled Auto Securities Shelf LLC), Sale and Servicing Agreement (Carmax Auto Funding LLC)

Effect of Servicing Transfer. (a) After a transfer of servicing hereunder, the successor Indenture Trustee or Successor Master Servicer shall notify the Obligors to make directly to the successor Successor Master Servicer payments that are due under the Receivables after the effective date of such transfer. (b) Except as provided in Section 8.27.02, after a transfer of servicing hereunder, the outgoing Master Servicer shall have no further obligations with respect to the administration, servicing, custody or collection of the Receivables and the successor Successor Master Servicer shall have all of such obligations, except that the outgoing Master Servicer will transmit or cause to be transmitted directly to the successor Successor Master Servicer for its own account, promptly on receipt and in the same form in which received, any amounts or items held by the outgoing Master Servicer (properly endorsed where required for the successor Successor Master Servicer to collect any such items) received as payments upon or otherwise in connection with the Receivables. (c) Any successor Successor Master Servicer shall provide the Depositor with access to the Receivable Files and to the successor Successor Master Servicer’s 's records (whether written or automated) with respect to the Receivable Files. Such access shall be afforded without charge, but only upon reasonable request and during normal business hours at the offices of the successor Successor Master Servicer. Nothing in this Section 8.3 shall affect the obligation of the successor a Successor Master Servicer to observe any applicable law prohibiting disclosure of information regarding the Obligors, and the failure of the Master Servicer to provide access to information as a result of such obligation shall not constitute a breach of this Section 8.3Section. (d) Any transfer of servicing hereunder shall not constitute an assumption by the related successor Successor Master Servicer of any liability of the related outgoing Master Servicer arising out of any breach by such outgoing Master Servicer of such outgoing Master Servicer’s 's duties hereunder prior to such transfer of servicing.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (WDS Receivables LLC), Sale and Servicing Agreement (Wachovia Auto Owner Trust 2006-A), Sale and Servicing Agreement (Wachovia Auto Loan Owner Trust 2008-1)

Effect of Servicing Transfer. (a) After a transfer of servicing hereunder, the Indenture Trustee or successor Servicer shall notify the Obligors to make directly to the successor Servicer payments that are due under the Receivables after the effective date of such transfer. (b) Except as provided in Section 8.2, after a transfer of servicing hereunder, the outgoing Servicer shall have no further obligations with respect to the administration, servicing, custody or collection of the Receivables and the successor Servicer shall have all of such obligations, except that the outgoing Servicer will transmit or cause to be transmitted directly to the successor Servicer for its own account, promptly on receipt and in the same form in which received, any amounts or items held by the outgoing Servicer (properly endorsed where required for the successor Servicer to collect any such items) received as payments upon or otherwise in connection with the Receivables. (c) Any successor Servicer shall provide the Depositor and the Insurer with access to the Receivable Files and to the successor Servicer’s 's records (whether written or automated) with respect to the Receivable Files. Such access shall be afforded without charge, but only upon reasonable request and during normal business hours at the offices of the successor Servicer. Nothing in this Section 8.3 shall affect the obligation of the successor Servicer to observe any applicable law prohibiting disclosure of information regarding the Obligors, and the failure of the Servicer to provide access to information as a result of such obligation shall not constitute a breach of this Section 8.3. (d) Any transfer of servicing hereunder shall not constitute an assumption by the related successor Servicer of any liability of the related outgoing Servicer arising out of any breach by such outgoing Servicer of such outgoing Servicer’s 's duties hereunder prior to such transfer of servicing.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Pooled Auto Securities Shelf LLC), Sale and Servicing Agreement (Carmax Auto Funding LLC), Sale and Servicing Agreement (Pooled Auto Securities Shelf LLC)

Effect of Servicing Transfer. (a) After a transfer of servicing hereunder, the successor Indenture Trustee or Successor Servicer shall notify the Obligors to make directly to the successor Successor Servicer payments that are due under the Receivables after the effective date of such transfer. (b) Except as provided in Section 8.27.02, after a transfer of servicing hereunder, the outgoing Servicer shall have no further obligations with respect to the administration, servicing, custody or collection of the Receivables and the successor Successor Servicer shall have all of such obligations, except that the outgoing Servicer will transmit or cause to be transmitted directly to the successor Successor Servicer for its own account, promptly on receipt and in the same form in which received, any amounts or items held by the outgoing Servicer (properly endorsed where required for the successor Successor Servicer to collect any such items) received as payments upon or otherwise in connection with the Receivables. (c) Any successor Successor Servicer shall provide the Depositor with access to the Receivable Files and to the successor Successor Servicer’s records (whether written or automated) with respect to the Receivable Files. Such access shall be afforded without charge, but only upon reasonable request and during normal business hours at the offices of the successor Successor Servicer. Nothing in this Section 8.3 shall affect the obligation of the successor a Successor Servicer to observe any applicable law Applicable Law prohibiting disclosure of information regarding the Obligors, and the failure of the Servicer to provide access to information as a result of such obligation shall not constitute a breach of this Section 8.3Section. (d) Any transfer of servicing hereunder shall not constitute an assumption by the related successor Successor Servicer of any liability of the related outgoing Servicer arising out of any breach by such outgoing Servicer of such outgoing Servicer’s its duties hereunder prior to such transfer of servicing.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Daimler Trucks Retail Trust 2024-1), Sale and Servicing Agreement (Daimler Trucks Retail Trust 2024-1)

Effect of Servicing Transfer. (a) After a transfer of servicing hereunder, the Indenture Trustee or successor Servicer shall notify the Obligors to make directly to the successor Servicer payments that are due under the Receivables after the effective date of such transfer. (b) Except as provided in Section 8.2, after a transfer of servicing hereunder, the outgoing Servicer shall have no further obligations with respect to the administration, servicing, custody or collection of the Receivables and the successor Servicer shall have all of such obligations, except that the outgoing Servicer will transmit or cause to be transmitted directly to the successor Servicer for its own account, promptly on receipt and in the same form in which received, any amounts or items held by the outgoing Servicer (properly endorsed where required for the successor Servicer to collect any such items) received as payments upon or otherwise in connection with the Receivables. (c) Any successor Servicer shall provide the Depositor and the Insurer with access to the Receivable Files and to the successor Servicer’s 's records (whether written or automated) with respect to the Receivable Files. Such access shall be afforded without charge, but only upon reasonable request and during normal business hours at the offices of the successor Servicer. Nothing in this Section 8.3 shall affect the obligation of the successor Servicer to observe any applicable law prohibiting disclosure of information regarding the Obligors, and the failure of the Servicer to provide access to information as a result of such obligation shall not constitute a breach of this Section 8.3. (d) Any transfer of servicing hereunder shall not constitute an assumption by the related successor Servicer of any liability of the related outgoing Servicer arising out of any breach by such outgoing Servicer of such outgoing Servicer’s duties hereunder prior to such transfer of servicing.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Pooled Auto Securities Shelf LLC), Sale and Servicing Agreement (Pooled Auto Securities Shelf LLC)

Effect of Servicing Transfer. (a) After a transfer of servicing hereunder, the successor Indenture Trustee or Successor Servicer shall notify the Obligors to make directly to the successor Successor Servicer payments that are due under the Receivables after the effective date of such transfer. (b) Except as provided in Section 8.27.02, after a transfer of servicing hereunder, the outgoing Servicer shall have no further obligations with respect to the administration, servicing, custody or collection of the Receivables and the successor Successor Servicer shall have all of such obligations, except that the outgoing Servicer will transmit or cause to be transmitted directly to the successor Successor Servicer for its own account, promptly on receipt and in the same form in which received, any amounts or items held by the outgoing Servicer (properly endorsed where required for the successor Successor Servicer to collect any such items) received as payments upon or otherwise in connection with the Receivables. (c) Any successor Successor Servicer shall provide the Depositor with access to the Receivable Files and to the successor Successor Servicer’s 's records (whether written or automated) with respect to the Receivable Files. Such access shall be afforded without charge, but only upon reasonable request and during normal business hours at the offices of the successor Successor Servicer. Nothing in this Section 8.3 shall affect the obligation of the successor a Successor Servicer to observe any applicable law prohibiting disclosure of information regarding the Obligors, and the failure of the Servicer to provide access to information as a result of such obligation shall not constitute a breach of this Section 8.3Section. (d) Any transfer of servicing hereunder shall not constitute an assumption by the related successor Successor Servicer of any liability of the related outgoing Servicer arising out of any breach by such outgoing Servicer of such outgoing Servicer’s 's duties hereunder prior to such transfer of servicing.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Wachovia Auto Owner Trust 2005-A), Sale and Servicing Agreement (Wachovia Auto Owner Trust 2004-B)

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Effect of Servicing Transfer. (a) After a the transfer of servicing hereunder, the successor Indenture Trustee or Successor Servicer shall notify the Obligors to make directly to the successor Successor Servicer payments that are due under the Receivables after the effective date of such transfer. (b) Except as provided in Section 8.2, 7.2 after a the transfer of servicing hereunder, the outgoing Servicer shall have no further obligations with respect to the management, administration, servicing, custody or collection of the Receivables and the successor Successor Servicer shall have all of such obligations, except that the outgoing Servicer will transmit or cause to be transmitted directly to the successor Successor Servicer for its own account, promptly on receipt and in the same form in which received, any amounts or items held by the outgoing Servicer (properly endorsed where required for the successor Successor Servicer to collect any such items) received as payments upon or otherwise in connection with the ReceivablesReceivables and the outgoing Servicer shall continue to cooperate with the Successor Servicer by providing information and in the enforcement of the Dealer Agreements. (c) Any successor Successor Servicer shall provide the Depositor Seller with access to the Receivable Files and to the successor Servicer’s records the Successor Servicer (whether written or automated) with respect to the Receivable Files. Such access shall be afforded without charge, but only upon reasonable request and during normal business hours at the offices of the successor Successor Servicer. Nothing in this Section 8.3 7.3 shall affect the obligation of the successor Successor Servicer to observe any applicable law prohibiting disclosure of information regarding the Obligors, and the failure of the Servicer to provide access to information as a result of such obligation shall not constitute a breach of this Section 8.37.3. (d) Any transfer of servicing hereunder shall not constitute an assumption by the related successor Servicer of any liability of the related outgoing Servicer arising out of any breach by such outgoing Servicer of such outgoing Servicer’s duties hereunder prior to such transfer of servicing.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Daimler Benz Vehicle Receivables Corp)

Effect of Servicing Transfer. (a) After a the transfer of servicing hereunder, the successor Indenture Trustee or Successor Servicer shall notify the Obligors to make directly to the successor Successor Servicer payments that are due under the Receivables after the effective date of such transfer. (b) Except as provided in Section 8.2, 7.2 after a the transfer of servicing hereunder, the outgoing Servicer shall have no further obligations with respect to the management, administration, servicing, custody or collection of the Receivables and the successor Successor Servicer shall have all of such obligations, except that the outgoing Servicer will transmit or cause to be transmitted directly to the successor Successor Servicer for its own account, promptly on receipt and in the same form in which received, any amounts or items held by the outgoing Servicer (properly endorsed where required for the successor Successor Servicer to collect any such items) received as payments upon or otherwise in connection with the ReceivablesReceivables and the outgoing Servicer shall continue to cooperate with the Successor Servicer by providing information and in the enforcement of the Dealer Agreements. (c) Any successor Successor Servicer shall provide the Depositor Seller with access to the Receivable Files and to the successor Servicer’s records the Successor Servicer (whether written or automated) with respect to the Receivable Files. Such access shall be afforded without charge, but only upon reasonable request and during normal business hours at the offices of the successor Servicer. Nothing in this Section 8.3 shall affect the obligation of the successor Servicer to observe any applicable law prohibiting disclosure of information regarding the Obligors, and the failure of the Servicer to provide access to information as a result of such obligation shall not constitute a breach of this Section 8.3. (d) Any transfer of servicing hereunder shall not constitute an assumption by the related successor Servicer of any liability of the related outgoing Servicer arising out of any breach by such outgoing Servicer of such outgoing Servicer’s duties hereunder prior to such transfer of servicing.be

Appears in 1 contract

Samples: Sale and Servicing Agreement (Daimler Benz Vehicle Receivables Corp)

Effect of Servicing Transfer. (a) After a transfer of servicing hereunder, the successor Indenture Trustee or Successor Servicer shall notify the Obligors to make directly to the successor Successor Servicer payments that are due under the Receivables after the effective date of such transfer. (b) Except as provided in Section 8.27.02, after a transfer of servicing hereunder, the outgoing Servicer shall have no further obligations with respect to the administration, servicing, custody or collection of the Receivables and the successor Successor Servicer shall have all of such obligations, except that the outgoing Servicer will transmit or cause to be transmitted directly to the successor Successor Servicer for its own account, promptly on receipt and in the same form in which received, any amounts or items held by the outgoing Servicer (properly endorsed where required for the successor Successor Servicer to collect any such items) received as payments upon or otherwise in connection with the Receivables. (c) Any successor Successor Servicer shall provide the Depositor with access to the Receivable Files and to the successor Successor Servicer’s 's records (whether written or automated) with respect to the Receivable Files. Such access shall be afforded without charge, but only upon reasonable request and during normal business hours at the offices of the successor Successor Servicer. Nothing in this Section 8.3 shall affect the obligation of the successor Successor Servicer to observe any applicable law prohibiting disclosure of information regarding the Obligors, and the failure of the Servicer to provide access to information as a result of such obligation shall not constitute a breach of this Section 8.3Section. (d) Any transfer of servicing hereunder shall not constitute an assumption by the related successor Successor Servicer of any liability of the related outgoing Servicer arising out of any breach by such outgoing Servicer of such outgoing Servicer’s 's duties hereunder prior to such transfer of servicing.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Pooled Auto Securities Shelf LLC)

Effect of Servicing Transfer. (a) After a transfer of servicing hereunder, the Indenture Trustee or successor Servicer shall notify the Obligors to make directly to the successor Servicer payments that are due under the Receivables after the effective date of such transfer. (b) Except as provided in Section 8.2, after a transfer of servicing hereunder, the outgoing Servicer shall have no further obligations with respect to the administration, servicing, custody or collection of the Receivables and the successor Servicer shall have all of such obligations, except that the outgoing Servicer will transmit or cause to be transmitted directly to the successor Servicer for its own account, promptly on receipt and in the same form in which received, any amounts or items held by the outgoing Servicer (properly endorsed where required for the successor Servicer to collect any such items) received as payments upon or otherwise in connection with the Receivables. (c) Any successor Servicer shall provide the Depositor with access to the Receivable Files and to the successor Servicer’s records (whether written or automated) with respect to the Receivable Files. Such access shall be afforded without charge, but only upon reasonable request and during normal business hours at the offices of the successor Servicer. Nothing in this Section 8.3 shall affect the obligation of the successor Servicer to observe any applicable law prohibiting disclosure of information regarding the Obligors, and the failure of the Servicer to provide access to information as a result of such obligation shall not constitute a breach of this Section 8.3. (d) Any transfer of servicing hereunder shall not constitute an assumption by the related successor Servicer of any liability of the related outgoing Servicer arising out of any breach by such outgoing Servicer of such outgoing Servicer’s 's duties hereunder prior to such transfer of servicing.

Appears in 1 contract

Samples: Sale and Servicing Agreement (CarMax Auto Owner Trust 2007-3)

Effect of Servicing Transfer. (a) After a the transfer of servicing hereunder, the Indenture Trustee or successor Servicer shall notify the Obligors to make directly to the successor Servicer payments that are due under the Receivables after the effective date of such transfer. (b) Except as provided in Section 8.2, 8.2 after a the transfer of servicing hereunder, the outgoing Servicer shall have no further obligations with respect to the administration, servicing, custody or collection of the Receivables and the successor Servicer shall have all of such obligations, except EXCEPT that the outgoing Servicer will transmit or cause to be transmitted directly to the successor Servicer for its own account, promptly on receipt and in the same form in which received, any amounts or items held by the outgoing Servicer (properly endorsed where required for the successor Servicer to collect any such items) received as payments upon or otherwise in connection with the ReceivablesReceivables and the outgoing Servicer shall continue to cooperate with the successor Servicer by providing information and in the enforcement of the Dealer Agreements. (c) Any successor Servicer shall provide the Depositor Seller with access to the Receivable Files and to the successor Servicer’s 's records (whether written or automated) with respect to the Receivable Files. Such access shall be afforded without charge, but only upon reasonable request and during normal business hours at the offices of the successor Servicer. Nothing in this Section 8.3 shall affect the obligation of the successor Servicer to observe any applicable law prohibiting disclosure of information regarding the Obligors, and the failure of the Servicer to provide access to information as a result of such obligation shall not constitute a breach of this Section 8.3. (d) Any transfer of servicing hereunder shall not constitute an assumption by the related successor Servicer of any liability of the related outgoing Servicer arising out of any breach by such outgoing Servicer of such outgoing Servicer’s duties hereunder prior to such transfer of servicing.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Mmca Auto Receivables Inc)

Effect of Servicing Transfer. (a) After a transfer of servicing hereunder, the successor Indenture Trustee or Successor Servicer shall notify the Obligors to make directly to the successor Successor Servicer payments that are due under the Receivables after the effective date of such transfer. (b) Except as provided in Section 8.27.02, after a transfer of servicing hereunder, the outgoing Master Servicer shall have no further obligations with respect to the administration, servicing, custody or collection of the Receivables and the successor Successor Servicer shall have all of such obligations, except that the outgoing Master Servicer will transmit or cause to be transmitted directly to the successor Successor Servicer for its own account, promptly on receipt and in the same form in which received, any amounts or items held by the outgoing Master Servicer (properly endorsed where required for the successor Successor Servicer to collect any such items) received as payments upon or otherwise in connection with the Receivables. (c) Any successor Successor Servicer shall provide the Depositor with access to the Receivable Files and to the successor Successor Servicer’s 's records (whether written or automated) with respect to the Receivable Files. Such access shall be afforded without charge, but only upon reasonable request and during normal business hours at the offices of the successor Successor Servicer. Nothing in this Section 8.3 shall affect the obligation of the successor a Successor Servicer to observe any applicable law prohibiting disclosure of information regarding the Obligors, and the failure of the Master Servicer to provide access to information as a result of such obligation shall not constitute a breach of this Section 8.3Section. (d) Any transfer of servicing hereunder shall not constitute an assumption by the related successor Successor Servicer of any liability of the related outgoing Master Servicer arising out of any breach by such outgoing Master Servicer of such outgoing Master Servicer’s 's duties hereunder prior to such transfer of servicing.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Pooled Auto Securities Shelf LLC)

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