Common use of Merger or Consolidation of the Master Servicer Clause in Contracts

Merger or Consolidation of the Master Servicer. The Master Servicer shall keep in effect its existence, rights and franchises as a limited partnership under the laws of the United States or under the laws of one of the states thereof and shall obtain and preserve its qualification or registration to do business as a foreign partnership in each jurisdiction in which such qualification or registration is or shall be necessary to protect the validity and enforceability of this Agreement or any of the Mortgage Loans and to perform its duties under this Agreement. Any Person into which the Master Servicer may be merged or consolidated, or any Person resulting from any merger or consolidation to which the Master Servicer shall be a party, or any person succeeding to the business of the Master Servicer, shall be the successor of the 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 that the successor or surviving Person to the Master Servicer shall be qualified to service mortgage loans on behalf of, Fxxxxx Mxx or Fxxxxxx Mac.

Appears in 2 contracts

Samples: Servicing Agreement (Encore Credit Receivables Trust 2005-1), Servicing Agreement (Encore Credit Receivables Trust 2005-2)

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Merger or Consolidation of the Master Servicer. The Master Servicer shall will keep in full effect its existence, rights and franchises as a limited partnership corporation under the laws of the United States or under the laws of one of the states thereof and shall will obtain and preserve its qualification or registration to do business as a foreign partnership corporation in each jurisdiction in which such qualification or registration is or shall be necessary to protect the validity and enforceability of this Agreement Agreement, or any of the Mortgage Loans Pledged Mortgages and to perform its duties under this Agreement. Any Person into which the Master Servicer may be merged or consolidated, or any Person resulting from any merger or consolidation to which the Master Servicer shall be a party, or any person succeeding to the business of the Master Servicer, shall be the successor of the Master Servicer, as the case may be, Servicer 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 provided, however, that the successor or surviving Person to the Master Servicer shall be qualified to sell mortgage loans to, and to service mortgage loans on behalf of, Fxxxxx Mxx FNMA or Fxxxxxx MacFHLMC.

Appears in 1 contract

Samples: Master Servicing Agreement (Sequoia Mortgage Funding Corp)

Merger or Consolidation of the Master Servicer. The Master Servicer shall will keep in full effect its existence, rights and franchises as a limited partnership corporation under the laws of the United States or under the laws of one of the states thereof and shall will obtain and preserve its qualification or registration to do business as a foreign partnership corporation in each jurisdiction in which such qualification or registration is or shall be necessary to protect the validity and enforceability of this Agreement Agreement, or any of the Mortgage Loans and to perform its duties under this Agreement. Any Person into which the Master Servicer may be merged or consolidated, or any Person resulting from any merger or consolidation to which the Master Servicer shall be a party, or any person succeeding to the business of the Master Servicer, shall be the successor of the Master Servicer, as the case may be, Servicer 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 provided, however, that the successor or surviving Person to the Master Servicer shall be qualified to sell mortgage loans to, and to service mortgage loans on behalf of, Fxxxxx Mxx FNMA or Fxxxxxx MacFHLMC.

Appears in 1 contract

Samples: Master Servicing Agreement (American Residential Eagle Inc)

Merger or Consolidation of the Master Servicer. The Master Servicer shall keep in effect its existence, rights and franchises as a limited partnership corporation under the laws of the United States New York or under the laws of one of the states thereof and shall obtain and preserve its qualification or registration to do business as a foreign partnership corporation in each jurisdiction in which such qualification or registration is or shall be necessary to protect the validity and enforceability of this Agreement or any of the Mortgage Loans and to perform its duties under this Agreement. Any Person into which the Master Servicer may be merged or consolidated, or any Person resulting from any merger or consolidation to which the Master Servicer shall be a party, or any person succeeding to the business of the Master Servicer, shall be the successor of the 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 that the successor or surviving Person to the Master Servicer shall be qualified to service mortgage loans on behalf of, Fxxxxx Mxx or Fxxxxxx Mac.

Appears in 1 contract

Samples: Servicing Agreement (Encore Credit Receivables Trust 2005-3)

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Merger or Consolidation of the Master Servicer. (a) The Master Servicer shall will keep in full force and effect its existence, rights and franchises as a limited partnership corporation under the laws of the United States or under the laws state of one of the states thereof its incorporation, and shall will obtain and preserve its qualification or registration to do business as a foreign partnership corporation in each jurisdiction in which such qualification or registration is or shall be necessary to protect the validity and enforceability of this Agreement Agreement, the Certificates or any of the Mortgage Loans and to perform its duties under this Agreement. . (b) Any Person into which the Master Servicer may be merged or consolidated, or any Person corporation resulting from any merger or consolidation to which the Master Servicer shall be a party, or any person Person succeeding to the business of the Master Servicer, shall be the successor of the Master Servicer, as the case may be, Servicer 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 provided, that the successor or surviving Person to the Master Servicer shall be qualified to sell mortgage loans to, and to service mortgage loans on behalf of, Fxxxxx Mxx Fannie Mae or Fxxxxxx MacFredxxx Xxc.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments II Trust 2004-Ar7)

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