No Transfer of Servicing. With respect to the retention of the Servicer to service the Mortgage Loans hereunder, the Servicer acknowledges that the Owner has acted in reliance upon the Servicer’s independent status, the adequacy of its servicing facilities, plan, personnel, records and procedures, its integrity, reputation and financial standing and the continuance thereof. Without in any way limiting the generality of this section, subject to the provisions of Section 8.02, the Servicer shall not either assign this Agreement or the servicing hereunder or delegate its rights or duties hereunder or any portion thereof, or sell or otherwise dispose of all or substantially all of its property or assets, without the prior written approval of the Owner, which shall not be unreasonably withheld.
Appears in 10 contracts
Samples: Servicing Agreement (HarborView 2007-4), Servicing Agreement (HarborView 2007-2), Reconstituted Servicing Agreement (HarborView 2007-3)
No Transfer of Servicing. With respect to the retention of the Servicer to service the Mortgage Loans hereunder, the Servicer acknowledges that the Owner has acted in reliance upon the Servicer’s independent status, the adequacy of its servicing facilities, plan, personnel, records and procedures, its integrity, reputation and financial standing and the continuance thereof. Without in any way limiting the generality of this section, subject to the provisions of Section 8.02, the Servicer shall not either assign this Agreement or the servicing hereunder or delegate its rights or duties hereunder or any portion thereof, or sell or otherwise dispose of all or substantially all of its property or assets, without the prior written approval of the Owner, which shall not be unreasonably withheld.
Appears in 3 contracts
Samples: Reconstitution Agreement (HarborView 2007-2), Reconstitution Agreement (HarborView 2007-7), Servicing Agreement (Harborview 2006-Bu1)
No Transfer of Servicing. With respect to the retention of the Servicer to service the Mortgage Loans hereunder, the Servicer acknowledges that the Owner has acted in reliance upon the Servicer’s independent status, the adequacy of its servicing facilities, plan, personnel, records and procedures, its integrity, reputation and financial standing and the continuance thereof. Without in any way limiting the generality of this section, subject to the provisions of Section 8.02, the Servicer shall not either assign this Agreement or the servicing hereunder or delegate its rights or duties hereunder or any portion thereof, or sell or otherwise dispose of all or substantially all of its property or assets, without the prior written approval of the Owner, which approval shall not be unreasonably withheld.
Appears in 2 contracts
Samples: Servicing Agreement, Servicing Agreement (MASTR Second Lien Trust 2006-1)
No Transfer of Servicing. With respect to the retention of the Servicer to service the Mortgage Loans hereunderduring the Interim Servicing Period, the Servicer acknowledges that the Owner Purchaser has acted in reliance upon the Servicer’s independent status, the adequacy of its servicing facilities, plan, personnel, records and procedures, its integrity, reputation and financial standing and the continuance thereof. Without in any way limiting the generality of this section, subject to the provisions of Section 8.02Section, the Servicer shall not either assign this Agreement or the servicing hereunder or delegate its rights or duties hereunder or any portion thereof, or sell or otherwise dispose of all or substantially all of its property or assets, without the prior written approval of the OwnerPurchaser, which shall consent will not be unreasonably withheld.
Appears in 2 contracts
Samples: Assignment, Assumption and Recognition Agreement (Hsi Asset Securitization Corp), Assignment, Assumption and Recognition Agreement (Hsi Asset Securitization Corp)
No Transfer of Servicing. With respect to the retention of the Servicer to service the Mortgage Loans hereunder, the Servicer acknowledges that the Owner has acted in reliance upon the Servicer’s 's independent status, the adequacy of its servicing facilities, plan, personnel, records and procedures, its integrity, reputation and financial standing and the continuance thereof. Without in any way limiting the generality of this section, subject to the provisions of Section 8.02, the Servicer shall not either assign this Agreement or the servicing hereunder or delegate its rights or duties hereunder or any portion thereof, or sell or otherwise dispose of all or substantially all of its property or assets, without the prior written approval of the Owner, which shall not be unreasonably withheld.
Appears in 2 contracts
Samples: Servicing Agreement (Luminent Mortgage Trust 2006-6), Pooling and Servicing Agreement (Peoples Choice Home Loan Securities Trust Series 2004-2)
No Transfer of Servicing. With respect to the retention of the Servicer to service the Mortgage Loans hereunder, the Servicer acknowledges that the Owner has and Lender have acted in reliance upon the Servicer’s 's independent status, the adequacy of its servicing facilities, plan, personnel, records and procedures, its integrity, reputation and financial standing and the continuance thereof. Without in any way limiting the generality of this section, subject to the provisions of Section 8.02, the Servicer shall not either assign this Agreement or the servicing hereunder or delegate its rights or duties hereunder or any portion thereof, or sell or otherwise dispose of all or substantially all of its property or assets, without the prior written approval of the Owner, which shall not be unreasonably withheldOwner and Lender.
Appears in 2 contracts
Samples: Servicing Agreement (American Business Financial Services Inc /De/), Servicing Agreement (American Business Financial Services Inc /De/)
No Transfer of Servicing. With respect to the retention of the Servicer to service the Mortgage Loans hereunder, the Servicer acknowledges that the Owner has Borrowers and Agent have acted in reliance upon the Servicer’s 's independent status, the adequacy of its servicing facilities, plan, personnel, records and procedures, its integrity, reputation and financial standing and the continuance thereof. Without in any way limiting the generality of this section, subject to the provisions of Section 8.02, the Servicer shall not either assign this Agreement or the servicing hereunder or delegate its rights or duties hereunder or any portion thereof, or sell or otherwise dispose of all or substantially all of its property or assets, without the prior written approval of the OwnerBorrowers and Agent; provided, which shall not be unreasonably withheldthat the Servicer may delegate its rights or duties to the Administrative Borrower or HAC without such prior written approval.
Appears in 1 contract
Samples: Servicing Agreement (American Business Financial Services Inc /De/)
No Transfer of Servicing. With respect to the retention responsibility of the Servicer to service the Mortgage Loans hereunder, the Servicer acknowledges that the Owner has acted in reliance upon the Servicer’s 's independent status, the adequacy of its servicing facilities, planplant, personnel, records and procedures, its integrity, reputation and financial standing and the continuance thereof. Without in any way limiting the generality of this sectionSection, subject to the provisions of Section 8.02, the Servicer shall not either assign this Agreement or the servicing hereunder or delegate its rights or duties hereunder (other than to a Subservicer in accordance with Section 3.02) or any portion thereof, or sell or otherwise dispose of all or substantially all of its property or assets, without the prior written approval of the OwnerOwner in its sole discretion provided, however, that the Owner hereby consents to such assignment if such assignment is to a Qualified Servicer which shall not be unreasonably withheldassume in writing the obligations of the "Servicer" hereunder.
Appears in 1 contract
Samples: Servicing Agreement (Imperial Credit Commercial Mortgage Investment Corp)
No Transfer of Servicing. With respect to the retention of the Servicer to service the Mortgage Loans hereunder, the Servicer acknowledges that the Owner Purchaser has acted in reliance upon the Servicer’s independent statusstatus from the Purchaser, the adequacy of its the Servicer’s servicing facilities, plan, personnel, records and procedures, its integrity, reputation and financial standing and the continuance thereof. Without in any way limiting the generality of this section, subject to the provisions of Section 8.027.05, the Servicer shall not either assign this Agreement or the servicing hereunder or delegate its rights or duties hereunder or any portion thereof, or sell or otherwise dispose of all or substantially all of its property or assets, without the prior written approval of the OwnerPurchaser, which consent shall not be unreasonably withheld.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (American Home Mortgage Assets Trust 2005-1)
No Transfer of Servicing. With respect to the retention of the Servicer to service the Mortgage Loans hereunderduring the Interim Servicing Period, the Servicer acknowledges that the Owner Purchaser has acted in reliance upon the Servicer’s 's independent status, the adequacy of its servicing facilities, planplant, personnel, records and procedures, its integrity, reputation and financial standing and the continuance thereof. Without in any way limiting the generality of this sectionSection, subject to during the provisions of Section 8.02Interim Servicing Period, the Servicer shall not either assign this Agreement or the servicing hereunder or delegate its rights or duties hereunder or any portion thereof, or sell or otherwise dispose of all or substantially all of its property or assets, without the prior written approval of the OwnerPurchaser, which shall consent will not be unreasonably withheld.
Appears in 1 contract