Nature of Duties of Servicer Clause Samples
Nature of Duties of Servicer. The Servicer shall have no duties or responsibilities except those expressly set forth in this Agreement and the other Operative Documents. None of the Servicer nor any of its respective officers, directors, employees or agents shall be liable for any action taken or omitted by it as such hereunder or in connection herewith, unless caused by its or their gross negligence or willful misconduct. The Servicer shall not have by reason of this Agreement a fiduciary relationship in respect of any Participant; and nothing in this Agreement, express or implied, is intended to or shall be so construed as to impose upon the Servicer any obligations in respect of this Agreement or the other Operative Documents except as expressly set forth herein.
Nature of Duties of Servicer. 77 Section 14.3 Lack of Reliance on the Servicer 77 Section 14.4 Certain Rights of the Servicer 77 Section 14.5 Reliance by Servicer 77 Section 14.6 Indemnification of Servicer 77 Section 14.7 The Servicer in its Individual Capacity 78 Section 14.8 Holders of Participation Certificates 78 Article XV MISCELLANEOUS 78 Section 15.1 Notices 78 Section 15.2 Amendments, Etc 80 Section 15.3 No Waiver; Remedies Cumulative 81 Section 15.4 Payment of Expenses, Etc 81 Section 15.5 Right of Setoff 81 Section 15.6 Benefit of Agreement; Assignments; Participations 82 Section 15.7 Governing Law; Submission to Jurisdiction 83 Section 15.8 Counterparts 84 Section 15.9 Severability 84 Section 15.10 Independence of Covenants 84 Section 15.11 No Joint Venture 84 Section 15.12 Repurchase Right 84 Section 15.13 Confidentiality 84 Section 15.14 Headings Descriptive; Entire Agreement 85 Section 15.15 Patriot Act 85 Section 15.16 Acknowledgment and Consent to Bail-In of EEA Financial Institutions 85 Section 15.17 Certain ERISA Matters 86 Section 15.18 Acknowledgement Regarding any Supported QFCs 87 EXHIBITS Exhibit A - Form of Assignment and Acceptance Agreement Exhibit B - Form of Canadian Loan Agreement Exhibit C - Form of US Loan Agreement Exhibit D - Form of Guaranty Agreement Exhibit E - Form of Participation Certificate Exhibit F - Form of Monthly Servicing Report SCHEDULES Schedule 1.1(a) - Pricing Grid Schedule 1.1(b) - Participant Commitments Schedule 1.1(c) - Progressive Finance Subsidiaries Schedule 1.1(d) - Inactive Subsidiaries Schedule 5.14 - Subsidiaries Schedule 8.1 - Outstanding Indebtedness Schedule 8.2 - Existing Liens Schedule 8.4 - Existing Investments THIS FOURTH AMENDED AND RESTATED LOAN FACILITY AGREEMENT AND GUARANTY (the “Agreement”) made as of this 25 day of October, 2017, by and among AARON’S, INC., a Georgia corporation having its principal place of business and chief executive office at ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ (“Sponsor”), TRUIST BANK (successor by merger to SunTrust Bank) (“Truist”) and each of the other lending institutions listed on the signature pages hereto (Truist, such lenders, together with any assignees thereof becoming “Participants” pursuant to the terms of this Agreement, the “Participants”) and TRUIST BANK (successor by merger to SunTrust Bank), a banking corporation organized and existing under the laws of North Carolina having its principal office in Charlotte, North Carolina, as Servicer (in such capacity,...
Nature of Duties of Servicer. 68 14.3 Lack of Reliance on the Servicer.................................................................... 68 14.4 Certain Rights of the Servicer...................................................................... 69 14.5