Interim Servicing Sample Clauses

Interim Servicing. During the period from the Effective Date through the termination of the Transition Services Agreement with respect to each service provided by the Company thereunder, the Company has agreed to continue to provide certain Policyholder services for the Policies and the Post-Closing Policies.

Interim Servicing. (a) Notwithstanding anything herein to the contrary, each Holder agrees and acknowledges that the terms of this Section 9 shall apply only prior to the occurrence of the Note A Sale. As of the Note A Sale Date, the Servicing Agreement shall control regarding the servicing and administration of the Mortgage Loan. (b) The Initial Note A Holder shall perform and discharge the following duties to the extent consistent with the Servicing Standard in servicing and administering of the Mortgage Loan prior to the Note A Sale Date: (i) The Initial Note A Holder shall use reasonable efforts, including requesting a certification from the Borrower at least annually, to determine whether the Borrower is complying with the requirements of the Mortgage Loan Documents within the time frames set forth therein. The Initial Note A Holder shall report to the Note B Holder any non-compliance as promptly as reasonably practicable. (ii) In connection with any proposed extension of the Maturity Date pursuant to the terms and conditions of the Notes, the Initial Note A Holder shall use reasonable efforts to determine whether the Borrower satisfies all the requisite conditions precedent to any such extension and shall promptly report to the Note B Holder in writing whether such conditions have been satisfied and include all supporting calculations and assumptions. (iii) The Initial Note A Holder shall use reasonable efforts to review the operating statements, financial statements and budgets delivered by the Borrower pursuant to the Mortgage Loan Documents as promptly as reasonably practicable and will promptly advise the Note B Holder in writing of any material adverse change from prior statements or budgets or any apparent violation of the provisions of the Mortgage Loan Documents shown by the information set forth on the statements and budgets. Promptly after its receipt of the operating statements, financial statements or budgets delivered by the Borrower pursuant to the Mortgage Loan Documents, the Initial Note A Holder shall deliver copies of the same to the Note B Holder. (iv) All payments due to the Note B Holder under Section 3 or 4 shall be made on or before the fifth Business Day after each Payment Date. The Initial Note A Holder shall deliver to the Note B Holder a statement on or before each remittance date under this Agreement reflecting the Initial Note A Holder’s calculation of the payment due to the Note B Holder under the terms of this Agreement. (v) The Initial N...

Interim Servicing. With respect to Mortgages or portfolios of Mortgages designated by Freddie Mac as being serviced by Seller/Servicer as Interim Servicer: (i) Designated Custodian and Interim Servicer will comply in all respects with the terms of this Agreement except as explicitly amended by this Section 2(g); (ii) with respect to each Note deposited with it that is serviced by an Interim Servicer, unless otherwise instructed by Freddie Mac in writing, Designated Custodian will perform the verifications specified in Guide Sections 2202.6 and 7101.9; and (iii) notwithstanding the statements in Guide Section 2202.1 regarding payment by the Seller/Servicer, Designated Custodian will xxxx Xxxxxxx Mac for custodial services hereunder as set forth in Section 7(b).

Interim Servicing. During the period (the "Interim Servicing Period") commencing on the Closing Date and ending on November 1, 2003, or such other date as the Seller and the Servicer shall agree upon (the "Transfer Date"), the Seller shall service the Mortgage Loans on behalf of the Purchaser in accordance with the Purchaser's Servicing Guide in effect on the Closing Date. As compensation for servicing the Mortgage Loans during the Interim Servicing Period, the Seller shall be entitled to receive a fee of $7.00 per Mortgage Loan for each full calendar month during the Interim Servicing Period. With respect to any partial month the Seller services the Mortgage Loans on behalf of the Purchaser, the Seller shall be entitled to receive a pro rata portion of the monthly interim servicing fee. On or prior to the Servicing Transfer Date, the Seller shall have made files for each Mortgage Loan, that consist at least of the documents listed on Schedule 4 attached hereto (with respect to each Mortgage Loan, a "Servicing File", and collectively, the "Servicing Files") and shall deliver such Servicing File to the Purchaser. In connection with any Form 10-K Certification, filed pursuant to the Pooling and Servicing Agreement during the Interim Servicing Period, the Seller shall provide the Servicer with a back-up certification substantially in the form attached hereto as Exhibit F.

Interim Servicing. For Mortgages or portfolios of Mortgages identified by Freddie Mac as serviced by Seller/Servicer under contract as Interim Servicer, Designated Custodian and Seller/Servicer will comply with the terms of this Agreement, provided that, Designated Custodian will bill Freddie Mac for the Services hereunder as set forth in Section 7(b).

Interim Servicing. At any time after the Bank Closing Date, the Receiver may establish on its books one or more asset pools and may transfer into those asset pools (by means of accounting entries on the books of the Receiver) all or any assets and liabilities of the Failed Bank that are not acquired by the Assuming Institution, including wholly unfunded Commitments, and assets and liabilities that may be acquired, funded or originated by the Receiver subsequent to the Bank Closing Date. The Receiver may remove assets (and liabilities) from or add assets (and liabilities) to those pools at any time in its discretion. At the option of the Receiver, the Assuming Institution will service, administer and collect those pool assets in accordance with, and for the term set forth in, Exhibit 4.13.

Interim Servicing. (a) During the Interim Servicing Period, at Owner’s request and direction as set forth in this Section 2.01, each Interim Servicer shall perform the Interim Services (as defined below) on the Serviced Loans and Bank shall perform the Bank Collection Services (as defined below) on the Serviced Loans, in each case pursuant to the terms of this Agreement and in accordance with the Servicing Standards, other than as expressly contemplated by Section 7.01 of the Seller Disclosure Schedule, the Purchase Agreement or this Agreement. “Servicing Standards” means acting (i) in compliance in all material respects with Applicable Requirements, (ii) in compliance in all material respects with the Pre-Enstar Credit Insurance Administrative Services Agreement or the Purchaser Credit Insurance Administrative Services Agreement, as applicable, and (iii) at a level substantially consistent with the level of skill, diligence, care and attention and branding that Interim Servicer or Bank has used and exercised with respect to the Serviced Loans, as applicable, in the three months immediately prior to the date of this Agreement. Notwithstanding the generality of the preceding sentence, (X) “Interim Services” means, (i) unless otherwise expressly provided herein, all services performed by each Interim Servicer in connection with servicing, administering and receiving collections on the Serviced Loans, including maintaining the Loan Files, in the three months immediately prior to the date of this Agreement and (ii) performing the administration, servicing, billing, receiving collections and reporting functions related to Credit Insurance that the Owner has agreed to perform under the Purchaser Credit Insurance Administrative Services Agreement, but in either case shall exclude any and all Bank Collection Services; and (Y) “Bank Collection Services” means, (i) unless otherwise expressly provided herein, all collection services performed by the Bank with respect to the Serviced Loans in the three months immediately prior to the date of this Agreement and (ii) performing all collection services related to Credit Insurance that Owner has agreed to perform under the Purchaser Credit Insurance Administrative Services Agreement, but in either case shall exclude any and all Interim Services. To the extent consistent with the foregoing direction, each Interim Servicer shall have full power and authority, acting alone, to do or cause to be done any and all things in connection with Interi...

Interim Servicing. For the period between the Effective Date and the Service Transfer Date, London Pacific agrees to continue to service and administer the Contracts in a manner consistent with its past practice, and to supply to FSL, on a timely basis, copies of accounting and other records pertaining to such contract service and administration when requested by FSL, or as may be required under the terms of this Agreement.

Interim Servicing. During the Interim Period, Seller shall subservice the Mortgage Loans on behalf of Purchaser in accordance with applicable Regulations and subject to the supervision and direction of Purchaser. Purchaser shall be entitled to the entire Servicing Compensation and any related ancillary income derived from the Servicing as and when payable under the Servicing Agreements. In addition, while the Custodial Accounts will be held by Seller during the Interim Period, Purchaser shall be entitled to the economic benefits associated with the Custodial Accounts, the details of which will be outlined in the Transitional Agreement.

Interim Servicing. On or before the Closing Date, the Parties shall execute the Interim Servicing Agreement attached hereto as Exhibit 7. The Interim Servicing Agreement shall set for the rights and obligations of the parties regarding the servicing of the Mortgage Loans during the Interim Period.