Common use of Effect of Servicing Transfer Clause in Contracts

Effect of Servicing Transfer. (a) After the transfer of servicing hereunder, Trustee or successor Servicer shall notify 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 Sections 7.2 and 9.8 after the transfer of servicing hereunder, the predecessor Servicer shall have no further obligations with respect to the management, administration, servicing, custody or collection of the Receivables and the successor Servicer shall have all of such obligations, except that the predecessor 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 held by the predecessor 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 and the predecessor Servicer shall continue to cooperate with the successor Servicer by providing information and in the enforcement of the Dealer Agreements and the Physical Damage Insurance Policies. (c) A transfer of servicing hereunder shall not affect the rights and duties of the parties hereunder other than those relating to the management, administration, servicing, custody or collection of the Receivables and the other Trust Property. The successor Servicer shall, upon its appointment pursuant to Section 8.2 and as part of its duties and responsibilities under this Agreement, promptly take all action it deems necessary or appropriate so that the predecessor Servicer (in whatever capacity) is paid or reimbursed all amounts it is entitled to receive under this Agreement on each Distribution Date subsequent to the date on which it is terminated as Servicer hereunder. Without limiting the generality of the foregoing, the predecessor Servicer will be entitled to receive all accrued and unpaid Servicing Fees and Supplemental Servicing Fees through and including the effective date of the termination of the predecessor Servicer. (d) Any successor Servicer shall provide Seller 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 shall affect the obligation of the successor Servicer to observe any applicable law prohibiting disclosure of information regarding the Obligors, and the failure of Servicer to provide access to information as a result of such obligation shall not constitute a breach of this Section.

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (Usaa Acceptance LLC), Pooling and Servicing Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC), Pooling and Servicing Agreement (Citizens Auto Receivables, LLC)

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Effect of Servicing Transfer. (a) After the transfer of servicing hereunder, Trustee or successor Servicer shall notify 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 Sections 7.2 and 9.8 after the transfer of servicing hereunder, the predecessor Servicer shall have no further obligations with respect to the management, administration, servicing, custody or collection of the Receivables and the successor Servicer shall have all of such obligations, except that the predecessor 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 held by the predecessor 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 and the predecessor Servicer shall continue to cooperate with the successor Servicer by providing information and in the enforcement of the Dealer Agreements and the Physical Damage Insurance Policies. (c) A transfer of servicing hereunder shall not affect the rights and duties of the parties hereunder other than those relating to the management, administration, servicing, custody or collection of the Receivables and the other Trust Property. The successor Servicer shall, upon its appointment pursuant to Section 8.2 and as part of its duties and responsibilities under this Agreement, promptly take all action it deems necessary or appropriate so that the predecessor Servicer (in whatever capacity) is paid or reimbursed all amounts it is entitled to receive under this Agreement on each Distribution Date subsequent to the date on which it is terminated as Servicer hereunder. Without limiting the generality of the foregoing, the predecessor Servicer will be entitled to receive all accrued and unpaid Servicing Fees and Supplemental Servicing Fees through and including the effective date of the termination of the predecessor Servicer. (d) Any successor Servicer shall provide 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 shall affect the obligation of the successor Servicer to observe any applicable law prohibiting disclosure of information regarding the Obligors, and the failure of Servicer to provide access to information as a result of such obligation shall not constitute a breach of this Section.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Volkswagen Public Auto Loan Securitization LLC), Pooling and Servicing Agreement (Vw Credit Leasing LTD), Pooling and Servicing Agreement (Volkswagen Public Auto Loan Securitization LLC)

Effect of Servicing Transfer. (a) After the transfer of servicing hereunder, Trustee or successor Servicer shall notify 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 Sections 7.2 and 9.8 after the transfer of servicing hereunder, the predecessor Servicer shall have no further obligations with respect to the management, administration, servicing, custody or collection of the Receivables and the successor Servicer shall have all of such obligations, except that the predecessor 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 held by the predecessor 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 and the predecessor Servicer shall continue to cooperate with the successor Servicer by providing information and in the enforcement of the Dealer Agreements and the Physical Damage Insurance Policies. (c) A transfer of servicing hereunder shall not affect the rights and duties of the parties hereunder (including the obligations and indemnities of Seller pursuant to Sections 2.4, 3.3, 6.1 and 6.2 or, with respect to obligations and indemnities arising prior to, or concurrently with, a transfer of servicing hereunder, the predecessor Servicer pursuant to Section 3.7, 7.1 or 7.2) other than those relating to the management, administration, servicing, custody or collection of the Receivables and the other Trust Property. The successor Servicer shall, upon its appointment pursuant to Section 8.2 and as part of its duties and responsibilities under this Agreement, promptly take all action it deems necessary or appropriate so that the predecessor Servicer (in whatever capacity) is paid or reimbursed all amounts it is entitled to receive under this Agreement on each Distribution Date subsequent to the date on which it is terminated as Servicer hereunder. Without limiting the generality of the foregoing, the predecessor Servicer will be entitled to receive all accrued and unpaid Servicing Fees and Supplemental Servicing Fees through and including the effective date of the termination of the predecessor Servicer. (d) Any successor Servicer shall provide 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 shall affect the obligation of the successor Servicer to observe any applicable law prohibiting disclosure of information regarding the Obligors, and the failure of Servicer to provide access to information as a result of such obligation shall not constitute a breach of this Section.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Amsouth Auto Corp Inc), Pooling and Servicing Agreement (Key Consumer Acceptance Corp)

Effect of Servicing Transfer. (a) After the transfer of servicing hereunder, Trustee or successor Servicer shall notify 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 Sections 7.2 and 9.8 after the transfer of servicing hereunder, the predecessor Servicer shall have no further obligations with respect to the management, administration, servicing, custody or collection of the Receivables and the successor Servicer shall have all of such obligations, except that the predecessor 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 held by the predecessor 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 and the predecessor Servicer shall continue to cooperate with the successor Servicer by providing information and in the enforcement of the Dealer Agreements and the Physical Damage Insurance Policies. (c) A transfer of servicing hereunder shall not affect the rights and duties of the parties hereunder other than those relating to the management, administration, servicing, custody or collection of the Receivables and the other Trust Property. The successor Servicer shall, upon its appointment pursuant to Section 8.2 and as part of its duties and responsibilities under this Agreement, promptly take all action it deems necessary or appropriate so that the predecessor Servicer (in whatever capacity) is paid or reimbursed all amounts it is entitled to receive under this Agreement on each Distribution Date subsequent to the date on which it is terminated as Servicer hereunder. Without limiting the generality of the foregoing, the predecessor Servicer will be entitled to receive all accrued and unpaid Servicing Fees and Supplemental Servicing Fees through and including the effective date of the termination of the predecessor Servicer. (d) Any successor Servicer shall provide 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 shall affect the obligation of the successor Servicer to observe any applicable law prohibiting disclosure of information regarding the Obligors, and the failure of successor Servicer to provide access to information as a result of such obligation shall not constitute a breach of this Section.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Bas Securitization LLC), Pooling and Servicing Agreement (Lehman Brothers Asset Securitization LLC)

Effect of Servicing Transfer. (a) After the transfer of ---------------------------- servicing hereunder, the Indenture Trustee (or, if no Notes are outstanding, a successor servicer appointed by the Owner Trustee) or the successor Servicer servicer shall notify Obligors to make directly to the successor Servicer servicer payments that are due under the Receivables after the effective date of such transfer. (b) Except as provided in Sections 7.2 6.2 and 9.8 8.6 after the transfer of servicing hereunder, the predecessor outgoing Servicer shall have no further obligations with respect to the management, administration, servicing, custody or collection of the Receivables and the successor Servicer servicer shall have all of such obligations, except that the predecessor outgoing Servicer will transmit or cause to be transmitted directly to the successor Servicer servicer for its own account, promptly on receipt and in the same form in which received, any amounts held by the predecessor outgoing Servicer (properly endorsed where required for the successor Servicer servicer to collect any such items) received as payments upon or otherwise in connection with the Receivables and the predecessor outgoing Servicer shall continue to cooperate with the successor Servicer servicer by providing information and in the enforcement of the Dealer Agreements Agreements, the Dealer Assignments and the Physical Damage Insurance Policies. (c) A transfer of servicing hereunder shall not affect the rights and duties of the parties hereunder (including the obligations and indemnities of the Seller pursuant to Sections 2.4, 5.1 and 5.2 or, with respect to obligations and indemnities arising prior to, or concurrently with, a transfer of servicing hereunder, the outgoing Servicer pursuant to Section 3.7, 6.1 and 6.2) other than those relating to the management, administration, servicing, custody or collection of the Receivables and the other Trust Property. The successor Servicer servicer shall, upon its appointment pursuant to Section 8.2 7.2 and as part of its duties and responsibilities under this Agreement, promptly take all action it deems necessary or appropriate so that the predecessor outgoing Servicer (in whatever capacity) is paid or reimbursed all amounts it is entitled to receive under this Agreement on each Distribution Date subsequent to the date on which it is terminated as Servicer hereunder. Without limiting the generality of the foregoing, the predecessor Servicer will be entitled to receive all accrued and unpaid Servicing Fees and Supplemental Servicing Fees through and including the effective date of the termination of the predecessor Servicer. (d) Any successor Servicer servicer shall provide the Seller with access to the Receivable Files and to the successor Servicer’s 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 Servicerservicer. Nothing in this Section 7.3 shall affect the obligation of the successor Servicer servicer to observe any applicable law prohibiting disclosure of information regarding the Obligors, and the failure of Servicer the successor servicer to provide access to information as a result of such obligation shall not constitute a breach of this SectionSection 7.3.

Appears in 1 contract

Samples: Sale and Servicing Agreement (First Security Bank Na)

Effect of Servicing Transfer. (a) After the a transfer of servicing hereunder, the Indenture Trustee or successor 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 Sections 7.2 and 9.8 Section 7.02, after the a transfer of servicing hereunder, the predecessor outgoing Master Servicer shall have no further obligations with respect to the management, administration, servicing, custody or collection of the Receivables and the successor Successor Master Servicer shall have all of such obligations, except that the predecessor 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 predecessor 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 and the predecessor Servicer shall continue to cooperate with the successor Servicer by providing information and in the enforcement of the Dealer Agreements and the Physical Damage Insurance PoliciesReceivables. (c) A transfer of servicing hereunder shall not affect the rights and duties of the parties hereunder other than those relating to the management, administration, servicing, custody or collection of the Receivables and the other Trust Property. The successor Servicer shall, upon its appointment pursuant to Section 8.2 and as part of its duties and responsibilities under this Agreement, promptly take all action it deems necessary or appropriate so that the predecessor Servicer (in whatever capacity) is paid or reimbursed all amounts it is entitled to receive under this Agreement on each Distribution Date subsequent to the date on which it is terminated as Servicer hereunder. Without limiting the generality of the foregoing, the predecessor Servicer will be entitled to receive all accrued and unpaid Servicing Fees and Supplemental Servicing Fees through and including the effective date of the termination of the predecessor Servicer. (d) Any successor Successor Master Servicer shall provide Seller the Depositor with access to the Receivable Files and to the successor Successor Master 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 Master Servicer. Nothing in this Section 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. (d) Any transfer of servicing hereunder shall not constitute an assumption by the related 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 Xxxxxxxx’s duties hereunder prior to such transfer of servicing.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Wachovia Auto Owner Trust 2008-A)

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Effect of Servicing Transfer. (a) After the a transfer of servicing hereunder, the Indenture Trustee or successor 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 Sections 7.2 and 9.8 Section 7.02, after the a transfer of servicing hereunder, the predecessor outgoing Master Servicer shall have no further obligations with respect to the management, administration, servicing, custody or collection of the Receivables and the successor Successor Master Servicer shall have all of such obligations, except that the predecessor 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 predecessor 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 and the predecessor Servicer shall continue to cooperate with the successor Servicer by providing information and in the enforcement of the Dealer Agreements and the Physical Damage Insurance PoliciesReceivables. (c) A transfer of servicing hereunder shall not affect the rights and duties of the parties hereunder other than those relating to the management, administration, servicing, custody or collection of the Receivables and the other Trust Property. The successor Servicer shall, upon its appointment pursuant to Section 8.2 and as part of its duties and responsibilities under this Agreement, promptly take all action it deems necessary or appropriate so that the predecessor Servicer (in whatever capacity) is paid or reimbursed all amounts it is entitled to receive under this Agreement on each Distribution Date subsequent to the date on which it is terminated as Servicer hereunder. Without limiting the generality of the foregoing, the predecessor Servicer will be entitled to receive all accrued and unpaid Servicing Fees and Supplemental Servicing Fees through and including the effective date of the termination of the predecessor Servicer. (d) Any successor Successor Master Servicer shall provide Seller the Depositor with access to the Receivable Files and to the successor Successor Master 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 Master Servicer. Nothing in this Section 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. (d) Any transfer of servicing hereunder shall not constitute an assumption by the related 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 duties hereunder prior to such transfer of servicing.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Wachovia Auto Loan Owner Trust 2007-1)

Effect of Servicing Transfer. (a) After the transfer of servicing hereunder, Trustee or successor Servicer shall notify 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 Sections 7.2 and 9.8 after the transfer of servicing hereunder, the predecessor Servicer shall have no further obligations with respect to the management, administration, servicing, custody or collection of the Receivables and the successor Servicer shall have all of such obligations, except that the predecessor 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 held by the predecessor 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 and the predecessor Servicer shall continue to cooperate with the successor Servicer by providing information and in the enforcement of the Dealer Agreements and the Physical Damage Insurance Policies. (c) A transfer of servicing hereunder shall not affect the rights and duties of the parties hereunder other than those relating to the management, administration, servicing, custody or collection of the Receivables and the other Trust Property. The successor Servicer shall, upon its appointment pursuant to Section 8.2 and as part of its duties and responsibilities under this Agreement, promptly take all action it deems necessary or appropriate so that the predecessor Servicer (in whatever capacity) is paid or reimbursed all amounts it is entitled to receive under this Agreement on each Distribution Date subsequent to the date on which it is terminated as Servicer hereunder. Without limiting the generality of the foregoing, the predecessor Servicer will be entitled to receive all accrued and unpaid Servicing servicing Fees and Supplemental Servicing Fees through and including the effective date of the termination of the predecessor Servicer. (d) Any successor Servicer shall provide 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 shall affect the obligation of the successor Servicer to observe any applicable law prohibiting disclosure of information regarding the Obligors, and the failure of successor Servicer to provide access to information as a result of such obligation shall not constitute a breach of this Section.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bas Securitization LLC)

Effect of Servicing Transfer. (a) After the transfer of servicing hereunder, the Indenture Trustee (or, if no Notes are outstanding, the Owner Trustee) or the successor Servicer servicer shall notify Obligors to make directly to the successor Servicer servicer payments that are due under the Receivables after the effective date of such transfer. (b) Except as provided in Sections 7.2 and 9.8 9.6 after the transfer of servicing hereunder, the predecessor outgoing Servicer shall have no further obligations with respect to the management, administration, servicing, custody or collection of the Receivables and the successor Servicer servicer shall have all of such obligations, except that the predecessor outgoing Servicer will transmit or cause to be transmitted directly to the successor Servicer servicer for its own account, promptly on receipt and in the same form in which received, any amounts held by the predecessor outgoing Servicer (properly endorsed where required for the successor Servicer servicer to collect any such items) received as payments upon or otherwise in connection with the Receivables and the predecessor outgoing Servicer shall continue to cooperate with the successor Servicer servicer by providing information and in the enforcement of the Dealer Agreements Agreements, the Dealer Assignments and the Physical Damage Insurance Policies. (c) A transfer of servicing hereunder shall not affect the rights and duties of the parties hereunder (including the obligations and indemnities of the Seller pursuant to Sections 2.4, 6.1 and 6.2 or, with respect to obligations and indemnities arising prior to, or concurrently with, a transfer of servicing hereunder, the outgoing Servicer pursuant to Section 3.7, 7.1 and 7.2) other than those relating to the management, administration, servicing, custody or collection of the Receivables and the other Trust Property. The successor Servicer servicer shall, upon its appointment pursuant to Section 8.2 and as part of its duties and responsibilities under this Agreement, promptly take all action it deems necessary or appropriate so that the predecessor outgoing Servicer (in whatever capacity) is paid or reimbursed all amounts it is entitled to receive under this Agreement on each Distribution Date subsequent to the date on which it is terminated as Servicer hereunder. Without limiting the generality of the foregoing, the predecessor Servicer will be entitled to receive all accrued and unpaid Servicing Fees and Supplemental Servicing Fees through and including the effective date of the termination of the predecessor Servicer. (d) Any successor Servicer servicer shall provide the Seller with access to the Receivable Files and to the successor Servicer’s 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 Servicerservicer. Nothing in this Section 8.3 shall affect the obligation of the successor Servicer servicer to observe any applicable law prohibiting disclosure of information regarding the Obligors, and the failure of Servicer the successor servicer to provide access to information as a result of such obligation shall not constitute a breach of this SectionSection 8.3.

Appears in 1 contract

Samples: Sale and Servicing Agreement (First Security Bank Na)

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