Investigations Clause. (a) The Servicer agrees to cooperate fully and faithfully with any investigation, audit or inquiry conducted by a New York Governmental Agency. A failure to cooperate fully and faithfully on the part of the Servicer shall be cause for termination under Section 14.01(c) of this Servicing Agreement. (b) It shall be cause for termination under Section 14.01(c) of this Servicing Agreement for any person, as defined below: (1) who has been advised that his or her statement and any information from such statement will not be used against him or her in any subsequent criminal proceeding, to fail to testify when so required before a grand jury or other New York Governmental Agency, concerning performance of this Servicing Agreement; or (2) to fail to testify when so required for a reason other than the assertion of his or her privilege against self- incrimination in an investigation, audit or inquiry conducted by a New York Governmental Agency or the assertion of the attorney-client privilege. For purposes of this Section 15.19(b), the term “person” shall mean any natural person associated with the Servicer as a partner, director, officer, principal or employee. (c) In determining whether cause exists for termination pursuant to Sections 15.19(b) and 14.01(c) hereof the Issuer shall give due consideration to the following: (i) The Servicer’s good faith endeavors, or lack thereof, to cooperate fully and faithfully with any governmental investigation or audit, including the discipline, discharge or disassociation of any person failing to testify, the production of accurate and reasonably complete books and records, and the forthcoming testimony of all other Persons whose testimony is sought. (ii) The relationship of the person who refused to testify to the Servicer, including whether the person whose testimony is sought has an ownership interest in the Servicer and/or the degree of authority and responsibility the person has with the Servicer. (iii) the nexus of the testimony sought with the Servicer. EXHIBIT A TAX LIEN SCHEDULE EXHIBIT B KEY PERSONNEL
Appears in 2 contracts
Samples: Servicing Agreement, Servicing Agreement
Investigations Clause. (a) The Servicer agrees to cooperate fully and faithfully with any investigation, audit or inquiry conducted by a New York Governmental Agency. A failure to cooperate fully and faithfully on the part of the Servicer shall be cause for termination under Section 14.01(c) of this Servicing Agreement.
(b) It shall be cause for termination under Section 14.01(c) of this Servicing Agreement for any person, as defined below: (1) who has been advised that his or her statement and any information from such statement will not be used against him or her in any subsequent criminal proceeding, to fail to testify when so required before a grand jury or other New York Governmental Agency, concerning performance of this Servicing Agreement; or (2) to fail to testify when so required for a reason other than the assertion of his or her privilege against self- self-incrimination in an investigation, audit or inquiry conducted by a New York Governmental Agency or the assertion of the attorney-client privilege. For purposes of this Section 15.19(b), the term “person” shall mean any natural person associated with the Servicer as a partner, director, officer, principal or employee.
(c) In determining whether cause exists for termination pursuant to Sections 15.19(b) and 14.01(c) hereof the Issuer shall give due consideration to the following:
(i) The the Servicer’s good faith endeavors, or lack thereof, to cooperate fully and faithfully with any governmental investigation or audit, including the discipline, discharge or disassociation of any person failing to testify, the production of accurate and reasonably complete books and records, and the forthcoming testimony of all other Persons whose testimony is sought.;
(ii) The the relationship of the person who refused to testify to the Servicer, including whether the person whose testimony is sought has an ownership interest in the Servicer and/or the degree of authority and responsibility the person has with the Servicer.; and
(iii) the nexus of the testimony sought with the Servicer. EXHIBIT A TAX LIEN SCHEDULE EXHIBIT B KEY PERSONNEL.
Appears in 1 contract
Samples: Servicing Agreement
Investigations Clause. (a) The Servicer agrees to cooperate fully and faithfully with any investigation, audit or inquiry conducted by a New York Governmental Agency. A failure to cooperate fully and faithfully on the part of the Servicer shall be cause for termination under Section 14.01(c) of this Servicing Agreement.
(b) It shall be cause for termination under Section 14.01(c) of this Servicing Agreement for any person, as defined below: (1) who has been advised that his or her statement and any information from such statement will not be used against him or her in any subsequent criminal proceeding, to fail to testify when so required before a grand jury or other New York Governmental Agency, concerning performance of this Servicing Agreement; or (2) to fail to testify when so required for a reason other than the assertion of his or her privilege against self- self-incrimination in an investigation, audit or inquiry conducted by a New York Governmental Agency or the assertion of the attorney-client privilege. For purposes of this Section 15.19(b), the term “person” shall mean any natural person associated with the Servicer as a partner, director, officer, principal or employee.
(c) In determining whether cause exists for termination pursuant to Sections 15.19(b) and 14.01(c) hereof the Issuer shall give due consideration to the following:
(i) The Servicer’s good faith endeavors, or lack thereof, to cooperate fully and faithfully with any governmental investigation or audit, including the discipline, discharge or disassociation of any person failing to testify, the production of accurate and reasonably complete books and records, and the forthcoming testimony of all other Persons whose testimony is sought.
(ii) The relationship of the person who refused to testify to the Servicer, including whether the person whose testimony is sought has an ownership interest in the Servicer and/or the degree of authority and responsibility the person has with the Servicer.
(iii) the nexus of the testimony sought with the Servicer. EXHIBIT A TAX LIEN SCHEDULE EXHIBIT B KEY PERSONNEL.
Appears in 1 contract
Samples: Servicing Agreement