Merger or Consolidation of the Seller or Depositor. Any corporation or other entity (i) into which the Seller or the Depositor may be merged or consolidated, (ii) that may result from any merger, conversion or consolidation to which the Seller or the Depositor shall be a party, or (iii) that may succeed to all or substantially all of the business of the Seller or the Depositor, which corporation or other entity shall, in any case where an assumption shall not be effected by operation of law, execute an agreement of assumption to perform every obligation of the Seller or the Depositor, as the case may be, under this Agreement, shall be the successor to the Seller or the Depositor, as the case may be, hereunder without the execution or filing of any document or any further act by any of the parties to this Agreement, except that if the Seller or the Depositor in any of the foregoing cases is not the surviving entity, then the surviving entity shall execute and deliver to the Trustee an agreement of assumption to perform every obligation of the Seller or the Depositor, as the case may be, hereunder.
Appears in 6 contracts
Samples: Pooling and Servicing Agreement (Aames Capital Corp), Pooling and Servicing Agreement (Aames Capital Corp), Pooling and Servicing Agreement (Aames Capital Corp Aames Mortgage Trust 2002-1)
Merger or Consolidation of the Seller or Depositor. Any corporation or other entity (i) into which the Seller or the Depositor may be merged or consolidated, (ii) that may result from any merger, conversion or consolidation to which the Seller or the Depositor shall be a party, or (iii) that may succeed to all or substantially all of the business of the Seller or the Depositor, which corporation or other entity shall, in any case where an assumption shall not be effected by operation of law, execute an agreement of assumption to perform every obligation of the Seller or the Depositor, as the case may be, under this Agreement, shall be the successor to the Seller or the Depositor, as the case may be, hereunder without the execution or filing of any document or any further act by any of the parties to this Agreement, except that if the Seller or the Depositor in any of the foregoing cases is not the surviving entity, then the surviving entity shall execute and deliver to the Trustee an agreement of assumption to perform every obligation of the Seller or the Depositor, as the case may be, hereunder.. ARTICLE VIII ------------
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Aames Capital Corp)
