Common use of No Personal Solicitation Clause in Contracts

No Personal Solicitation. From and after the date hereof, the Special Servicer hereby agrees that it will not take any action or permit or cause any action to be taken by any of its agents or affiliates, or by any independent contractors on the Special Servicer’s behalf, to personally, by telephone or mail, solicit the borrower or obligor under any related Transferred Mortgage Loan for any purpose whatsoever, including to refinance a Transferred Mortgage Loan, in whole or in part, without the prior written consent of the Master Servicer. It is understood and agreed that all rights and benefits relating to the solicitation of any Mortgagors and the attendant rights, title and interest in and to the list of such Mortgagors and data relating to their Mortgages (including insurance renewal dates) shall be transferred to the Master Servicer pursuant hereto on the date hereof and the Special Servicer shall take no action to undermine these rights and benefits. Notwithstanding the foregoing, it is understood and agreed that promotions undertaken by the Special Servicer or any affiliate of the Special Servicer which are directed to the general public at large, including, without limitation, mass mailing based on commercially acquired mailing lists, newspaper, radio and television advertisements shall not constitute solicitation under this Section 9.06.

Appears in 28 contracts

Samples: Servicing Agreement (Structured Asset Securities Corp. 2005-15), Servicing Agreement (Lehman Mortgage Trust 2007-4), Servicing Agreement (Lehman Mortgage Trust 2007-3)

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No Personal Solicitation. From and after the date hereofrelated Closing Date, the Special Servicer Company hereby agrees that it will not take any action or permit or cause any action to be taken by any of its agents or affiliates, or by any independent contractors on the Special Servicer’s Company's behalf, to personally, by telephone or mailmail (electronic means or otherwise), solicit the borrower or obligor under any related Transferred Mortgage Loan for any purpose whatsoever, including to refinance a Transferred Mortgage Loan, in whole or in part, without the prior written consent of the Master ServicerPurchaser. It is understood and agreed that all rights and benefits relating to the solicitation of any Mortgagors and the attendant rights, title and interest in and to the list of such Mortgagors and data relating to their Mortgages (including insurance renewal dates) shall be transferred to the Master Servicer Purchaser pursuant hereto on the date hereof related Closing Date and the Special Servicer Company shall take no action to undermine these rights and benefits. Notwithstanding the foregoing, it is understood and agreed that promotions undertaken by the Special Servicer Company or any affiliate of the Special Servicer Company which are directed to the general public at large, including, without limitation, mass mailing mailings based on commercially acquired mailing lists, or the Company's customer portfolio, and newspaper, radio and television advertisements shall not constitute solicitation under this Section 9.06.12.11

Appears in 4 contracts

Samples: Master Seller's Warranties and Servicing Agreement (Banc of America Funding 2006-3 Trust), Master Seller's Warranties and Servicing Agreement (Banc of America Funding 2006-2 Trust), Warranties and Servicing Agreement (Banc of America Funding 2007-2 Trust)

No Personal Solicitation. From and after the date hereofrelated Closing Date, the Special Servicer Company hereby agrees that it will not take any action or permit or cause any action to be taken by any of its agents or affiliates, or by any independent contractors on the Special ServicerCompany’s behalf, to personally, by telephone or mailmail (electronic means or otherwise), solicit the borrower or obligor under any related Transferred Mortgage Loan for any purpose whatsoever, including to refinance a Transferred Mortgage Loan, in whole or in part, without the prior written consent of the Master ServicerPurchaser. It is understood and agreed that all rights and benefits relating to the solicitation of any Mortgagors and the attendant rights, title and interest in and to the list of such Mortgagors and data relating to their Mortgages (including insurance renewal dates) shall be transferred to the Master Servicer Purchaser pursuant hereto on the date hereof related Closing Date and the Special Servicer Company shall take no action to undermine these rights and benefits. Notwithstanding the foregoing, it is understood and agreed that promotions undertaken by the Special Servicer Company or any affiliate of the Special Servicer Company which are directed to the general public at large, including, without limitation, mass mailing mailings based on commercially acquired mailing lists, or the Company’s customer portfolio, and newspaper, radio and television advertisements shall not constitute solicitation under this Section 9.06.12.11

Appears in 3 contracts

Samples: Master Seller’s Warranties and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-7ax), Master Seller’s Warranties and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-15ar), Master Seller’s Warranties and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-14ar)

No Personal Solicitation. From and after the date hereofrelated Closing Date, the Special Servicer Seller hereby agrees that it will not take any action or permit or cause any action to be taken by any of its agents or affiliates, or by any independent contractors on the Special Servicer’s its behalf, to personally, by telephone or mail, solicit the borrower Mortgagor or obligor under any related Transferred Mortgage Loan for any purpose whatsoever, including but not limited to any pay-off requests or refinance of a Transferred Mortgage Loan, in whole or in part, without the prior written consent of the Master ServicerPurchaser. It is understood and agreed that all rights and benefits relating to the solicitation of any Mortgagors and the attendant rights, title and interest in and to the list of such Mortgagors and data relating to their Mortgages (including insurance renewal dates) shall be transferred to the Master Servicer Purchaser pursuant hereto on the date hereof related Closing Date and the Special Servicer Seller shall take no action to undermine these rights and benefits. Notwithstanding the foregoing, it is understood and agreed that promotions undertaken by or on behalf of the Special Servicer Seller or any affiliate of the Special Servicer its affiliates which are directed to the general public at large, including, without limitation, mass mailing based on commercially acquired mailing lists, newspaper, radio and television advertisements shall not constitute solicitation under this Section 9.0614.14.

Appears in 1 contract

Samples: Mortgage Loan Purchase and Interim Servicing Agreement (Five Oaks Investment Corp.)

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No Personal Solicitation. From and after the date hereof, the Special Servicer hereby agrees that it will not take any action or permit or cause any action to be taken by any of its agents or affiliates, or by any independent contractors on the Special Servicer’s behalf, to personally, by telephone or mail, solicit the borrower or obligor under any related Transferred Mortgage Loan for any purpose whatsoever, including to refinance a Transferred Mortgage Loan, in whole or in part, without the prior written consent of the Master ServicerTrustee. It is understood and agreed that all rights and benefits relating to the solicitation of any Mortgagors and the attendant rights, title and interest in and to the list of such Mortgagors and data relating to their Mortgages (including insurance renewal dates) shall be transferred to the Master Servicer Trustee pursuant hereto on the date hereof and the Special Servicer shall take no action to undermine these rights and benefits. Notwithstanding the foregoing, it is understood and agreed that promotions undertaken by the Special Servicer or any affiliate of the Special Servicer which are directed to the general public at large, including, without limitation, mass mailing based on commercially acquired mailing lists, newspaper, radio and television advertisements shall not constitute solicitation under this Section 9.06.

Appears in 1 contract

Samples: Servicing Agreement (Structured Asset Securities Corp Trust 2005-6)

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