Limitation on Resignation of the Master Servicer and the Backup Servicer. Neither the Master Servicer nor the Backup Servicer shall resign from the obligations and duties hereby imposed on it except upon determination that its duties hereunder are no longer permissible under applicable law or unless a successor servicer has been appointed. Any such determination permitting the resignation of the Master Servicer or the Backup Servicer shall be evidenced by an Opinion of Counsel at the expense of the Master Servicer or the Backup Servicer, as applicable, to such effect delivered to the Trustee and the Securities Administrator. No such resignation shall become effective until a successor Master Servicer or successor Backup Servicer reasonably acceptable to the Securities Administrator is appointed and has assumed the Master Servicer's or the Backup Servicer's, as applicable, responsibilities, duties, liabilities and obligations hereunder. Any such resignation shall not relieve the Master Servicer or the Backup Servicer of any of the obligations specified in Sections 7.01 and 7.02 as obligations that survive the resignation or termination of the Master Servicer or the Backup Servicer.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Terwin Mortgage Trust, Series TMTS 2004-22sl), Pooling and Servicing Agreement (Merrill Lynch Mort Inv Inc Asst Back Certs Ser TMTS 2004 5he), Pooling and Servicing Agreement (Merrill Lynch Mort Inv Inc Asst Back Certs Ser TMTS 2004 3he)
Limitation on Resignation of the Master Servicer and the Backup Servicer. Neither the Master Servicer nor the Backup Servicer shall resign from the obligations and duties hereby imposed on it except upon determination that its duties hereunder are no longer permissible under applicable law or unless a successor servicer has been appointed. Any such determination permitting the resignation of the Master Servicer or the Backup Servicer shall be evidenced by an Opinion of Counsel at the expense of the Master Servicer or the Backup Servicer, as applicable, to such effect delivered to the Trustee and the Securities Administrator. No such resignation shall become effective until a successor Master Servicer or successor Backup Servicer reasonably acceptable to the Securities Administrator and the Certificate Insurer is appointed and has assumed the Master Servicer's or the Backup Servicer's, as applicable, responsibilities, duties, liabilities and obligations hereunder. Any such resignation shall not relieve the Master Servicer or the Backup Servicer of any of the obligations specified in Sections 7.01 and 7.02 as obligations that survive the resignation or termination of the Master Servicer or the Backup Servicer.and
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Terwin Mortgage Trust, Series 2004-11he)