Merger or Consolidation of the Depositor or the Master Servicers. The Depositor and each Master Servicer will each keep in full effect its existence, rights and franchises as a separate entity under the laws governing its organization, and will each obtain and preserve its qualification to do business as a foreign corporation in each jurisdiction in which such qualification is or shall be necessary to protect the validity and enforceability of this Agreement, the Certificates or any of the Mortgage Loans and to perform its respective duties under this Agreement. Any Person into which the Depositor or a Master Servicer may be merged or consolidated, or any corporation resulting from any merger or consolidation to which the Depositor or a Master Servicer shall be a party, or any Person succeeding to the business of the Depositor or a Master Servicer, shall be the successor of the Depositor or such Master Servicer, as the case may be, hereunder, without the execution or filing of any paper or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, however, that the successor or surviving Person to the WF Master Servicer shall be qualified to service mortgage loans on behalf of FNMA or FHLMC.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Banc of America Funding Corp. 2005-1 Trust), Pooling and Servicing Agreement (Banc of America Funding Corp. Mortgage Pass-Through Certificates Series 2004-4), Pooling and Servicing Agreement (Banc of America Funding Corp. Mortgage Pass-Through Certificates Series 2004-D)
Merger or Consolidation of the Depositor or the Master Servicers. The Depositor and each Master Servicer will each keep in full effect its existence, rights and franchises as a separate entity corporation or association under the laws governing its organization, of the United States or under the laws of one of the states thereof and will each obtain and preserve its qualification to do business as a foreign corporation in each jurisdiction in which such qualification is or shall be necessary to protect the validity and enforceability of this Agreement, the Certificates or any of the Mortgage Loans and to perform its respective duties under this Agreement. Any Person into which the Depositor or a Master Servicer may be merged or consolidated, or any corporation Person resulting from any merger or consolidation to which the Depositor or a Master Servicer shall be a party, or any Person succeeding to the business of the Depositor or a Master Servicer, shall be the successor of the Depositor or such the applicable Master Servicer, as the case may be, hereunder, without the execution or filing of any paper or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; providedPROVIDED, howeverHOWEVER, that the successor or surviving Person to the WF applicable Master Servicer shall be qualified to sell mortgage loans to, and to service mortgage loans on behalf of of, FNMA or FHLMC.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Mellon Residential Funding Corp)