Common use of No Assignment by Servicer; No Transfer of Ownership Interests in Servicing Rights Clause in Contracts

No Assignment by Servicer; No Transfer of Ownership Interests in Servicing Rights. (a) The Servicer hereby acknowledges that this Agreement constitutes a personal services agreement between the Company and the Servicer. The Servicer shall not assign any rights or obligations hereunder to any other Person other than as is expressly provided in this Agreement. Any purported sale, sub-participation or assignment or delegation in violation of this Section 11.01(a) shall be void ab initio and of no force or effect whatsoever. (b) Under no circumstances shall the Servicer transfer to any Subservicer or any other Person any ownership interest in the servicing of the Loans or any right to transfer or sell the servicing to the Loans (other than in connection with the sale of any Loan). The Servicer shall not assign, pledge or otherwise transfer or purport to assign, pledge or otherwise transfer any interest to any Person in the servicing of the Loans (other than in connection with the sale of any Loan). Any purported assignment, pledge, delegation or other transfer in violation of this Section 11.01(b) shall be void ab initio and of no force or effect whatsoever.

Appears in 3 contracts

Samples: Servicing Agreement, Servicing Agreement, Servicing Agreement

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No Assignment by Servicer; No Transfer of Ownership Interests in Servicing Rights. (a) The Servicer hereby acknowledges that this Agreement constitutes a personal services agreement between the Company Manager and the Servicer. Any of the following shall constitute an assignment for all purposes of this Agreement: (a) any merger, consolidation or dissolution involving the Servicer or (b) any transfer or all or substantially all of the assets of the Servicer, notwithstanding whether any of the foregoing transactions occur at one time or in the aggregate over a period of time. The Servicer shall not assign any rights or obligations hereunder to any other Person other than as is expressly provided in this Agreement. Any purported sale, sub-participation or assignment or delegation in violation of this Section 11.01(a11.1(a) shall be void ab initio and of no force or effect whatsoever. (b) Under no circumstances shall the Servicer (i) transfer to any Subservicer or any other Person any ownership interest in the servicing of the Loans or any right to transfer or sell the servicing to the Loans (other than in connection with the sale of any Loan). The Servicer shall not , or (ii) assign, pledge or otherwise transfer or purport to assign, pledge or otherwise transfer any interest to any Subservicer or other Person in the servicing of the Loans (other than in connection with the sale of any Loan). Any purported assignment, pledge, delegation or other transfer in violation of this Section 11.01(b11.1(b) shall be void ab initio and of no force or effect whatsoever.

Appears in 3 contracts

Samples: Servicing Agreement, Servicing Agreement, Servicing Agreement

No Assignment by Servicer; No Transfer of Ownership Interests in Servicing Rights. (a) The Servicer hereby acknowledges that this Agreement constitutes a personal services agreement between the Company Manager and the Servicer. Any of the following shall constitute an assignment for all purposes of this Agreement: (a) any merger, consolidation or dissolution involving the Servicer or (b) any transfer or all or substantially all of the assets of the Servicer, notwithstanding whether any of the foregoing transactions occur at one time or in the aggregate over a period of time. The Servicer shall not assign any rights or obligations hereunder to any other Person other than as is expressly provided in this Agreement. In connection with the sale of a Loan, the Servicer shall, at the direction of the Manager, transfer, sell or assign its rights hereunder to service such Loan. Any purported sale, sub-participation or assignment or delegation in violation of this Section 11.01(a11.1(a) shall be void ab initio and of no force or effect whatsoever. (b) Under no circumstances shall the Servicer (i) transfer to any Subservicer or any other Person any ownership interest in the servicing of the Loans or any right to transfer or sell the servicing to the Loans (other than in connection with the sale of any Loan). The Servicer shall not , or (ii) assign, pledge or otherwise transfer or purport to assign, pledge or otherwise transfer any interest to any Subservicer or other Person in the servicing of the Loans (other than in connection with the sale of any Loan). Any purported assignment, pledge, delegation or other transfer in violation of this Section 11.01(b11.1(b) shall be void ab initio and of no force or effect whatsoever.

Appears in 2 contracts

Samples: Servicing Agreement, Servicing Agreement

No Assignment by Servicer; No Transfer of Ownership Interests in Servicing Rights. (a) The Servicer hereby acknowledges that this Agreement constitutes a personal services agreement between the Company Manager and the Servicer. Any of the following shall constitute an assignment for all purposes of this Agreement: (a) any merger, consolidation or dissolution involving the Servicer or (b) any transfer or all or substantially all of the assets of the Servicer, notwithstanding whether any of the foregoing transactions occur at one time or in the aggregate over a period of time. The Servicer shall not assign any rights or obligations hereunder to any other Person other than as is expressly provided in this Agreement. In connection with the Sale of a Loan, the Servicer shall, at the direction of the Manager, transfer, sell or assign its rights hereunder to service such Loan. Any purported sale, sub-participation or assignment or delegation in violation of this Section 11.01(a11.1(a) shall be void ab initio and of no force or effect whatsoever. (b) Under no circumstances shall the Servicer (i) transfer to any Subservicer or any other Person any ownership interest in the servicing of the Loans Assets or any right to transfer or sell the servicing to the Loans Assets (other than in connection with the sale of any LoanAsset). The Servicer shall not , or (ii) assign, pledge or otherwise transfer or purport to assign, pledge or otherwise transfer any interest to any Subservicer or other Person in the servicing of the Loans Assets (other than in connection with the sale of any LoanAsset). Any purported assignment, pledge, delegation or other transfer in violation of this Section 11.01(b11.1(b) shall be void ab initio and of no force or effect whatsoever.

Appears in 1 contract

Samples: Servicing Agreement

No Assignment by Servicer; No Transfer of Ownership Interests in Servicing Rights. (a) The Servicer hereby acknowledges that this Agreement constitutes a personal services agreement between the Company Manager and the Servicer. Any of the following shall constitute an assignment for all purposes of this Agreement: (i) any merger, consolidation or dissolution involving the Servicer or (ii) any transfer or all or substantially all of the assets of the Servicer, notwithstanding whether any of the foregoing transactions occur at one time or in the aggregate over a period of time. The Servicer shall not assign any rights or obligations hereunder to any other Person other than as is expressly provided in this Agreement. Any purported sale, sub-participation or assignment or delegation in violation of this Section 11.01(a11.1(a) shall be void ab initio and of no force or effect whatsoever. (b) Under no circumstances shall the Servicer (i) transfer to any Subservicer Sub-Servicer or any other Person any ownership interest in the servicing of the Loans Servicing or any right to transfer or sell the servicing to the Loans Servicing, or (other than in connection with the sale of any Loan). The Servicer shall not ii) assign, pledge or otherwise transfer or purport to assign, pledge or otherwise transfer any interest to any Sub-Servicer or other Person in the servicing of the Loans (other than in connection with the sale of any Loan)Servicing. Any purported assignment, pledge, delegation or other transfer in violation of this Section 11.01(b11.1(b) shall be void ab initio and of no force or effect whatsoever. For the avoidance of doubt, upon any sale of any Asset by the Company (including by the Servicer on behalf of the Manager on behalf of the Company) in accordance with the terms hereof and the other Transaction Documents, such Asset shall prospectively cease to constitute an “Asset” for any purpose of this Agreement, provided that nothing in this sentence releases the Servicer from any liability or obligation hereunder with respect to such Asset in relation to the period prior to such sale.

Appears in 1 contract

Samples: Servicing Agreement

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No Assignment by Servicer; No Transfer of Ownership Interests in Servicing Rights. (a) The Servicer hereby acknowledges that this Agreement constitutes a personal services agreement between the Company Manager and the Servicer. Any of the following constitutes an assignment for all purposes of this Agreement: (i) any merger, consolidation or dissolution involving the Servicer or (ii) any transfer or all or substantially all of the assets of the Servicer, notwithstanding whether any of the foregoing transactions occur at one time or in the aggregate over a period of time. The Servicer shall may not assign any rights or obligations hereunder to any other Person other than as is expressly provided in this Agreement. Any purported sale, sub-participation or assignment or delegation in violation of this Section 11.01(a11.1(a) shall will be void ab initio and of no force or effect whatsoever. (b) Under no circumstances shall will the Servicer (i) transfer to any Subservicer Subservicer, any JDC Contractor or any other Person any ownership interest in the servicing of the Loans Servicing or any right to transfer or sell the servicing to the Loans Servicing, or (other than in connection with the sale of any Loan). The Servicer shall not ii) assign, pledge or otherwise transfer or purport to assign, pledge or otherwise transfer any interest to any Subservicer, any JDC Contractor or other Person in the servicing of the Loans (other than in connection with the sale of any Loan)Servicing. Any purported assignment, pledge, delegation or other transfer in violation of this Section 11.01(b11.1(b) shall will be void ab initio and of no force or effect whatsoever. For the avoidance of doubt, upon any sale of any Asset by the Company (including by the Servicer on behalf of the Manager on behalf of the Company) in accordance with the terms hereof and the other Transaction Documents, such Asset will prospectively cease to constitute an “Asset” for any purpose of this Agreement, provided that nothing in this sentence releases the Servicer from any liability or obligation hereunder with respect to such Asset in relation to the period prior to such sale.

Appears in 1 contract

Samples: Servicing Agreement

No Assignment by Servicer; No Transfer of Ownership Interests in Servicing Rights. (a) The Servicer hereby acknowledges that this Agreement constitutes a personal services agreement between the Company Manager and the Servicer. Any of the following constitutes an assignment for all purposes of this Agreement: (i) any merger, consolidation or dissolution involving the Servicer or (ii) any transfer or all or substantially all of the assets of the Servicer, notwithstanding whether any of the foregoing transactions occur at one time or in the aggregate over a period of time. The Servicer shall may not assign any rights or obligations hereunder to any other Person other than as is expressly provided in this Agreement. Any purported sale, sub-sub- participation or assignment or delegation in violation of this Section 11.01(a11.1(a) shall will be void ab initio and of no force or effect whatsoever. (b) Under no circumstances shall will the Servicer (i) transfer to any Subservicer Subservicer, any JDC Contractor or any other Person any ownership interest in the servicing of the Loans Servicing or any right to transfer or sell the servicing to the Loans Servicing, or (other than in connection with the sale of any Loan). The Servicer shall not ii) assign, pledge or otherwise transfer or purport to assign, pledge or otherwise transfer any interest to any Subservicer, any JDC Contractor or other Person in the servicing of the Loans (other than in connection with the sale of any Loan)Servicing. Any purported assignment, pledge, delegation or other transfer in violation of this Section 11.01(b11.1(b) shall will be void ab initio and of no force or effect whatsoever. For the avoidance of doubt, upon any sale of any Asset by the Company (including by the Servicer on behalf of the Manager on behalf of the Company) in accordance with the terms hereof and the other Transaction Documents, such Asset will prospectively cease to constitute an “Asset” for any purpose of this Agreement, provided that nothing in this sentence releases the Servicer from any liability or obligation hereunder with respect to such Asset in relation to the period prior to such sale.

Appears in 1 contract

Samples: Servicing Agreement

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