Common use of Notice of Termination Event, Potential Termination Event or Servicer Default Clause in Contracts

Notice of Termination Event, Potential Termination Event or Servicer Default. No Agent shall be deemed to have knowledge or notice of the occurrence of a Potential Termination Event, a Termination Event or a Servicer Default, unless such Agent has received written notice from a Lender or the SPV referring to this Agreement, describing such Potential Termination Event, Termination Event or Servicer Default and stating that such notice is a “Notice of Termination Event or Potential Termination Event” or “Notice of Servicer Default,” as applicable. Such Agent will notify the Lenders of its receipt of any such notice. Such Agent shall (subject to Section 10.4) take such action with respect to such Potential Termination Event or Termination Event as may be requested by the Majority Lenders, provided, however, that, unless and until such Agent shall have received any such request, such Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Potential Termination Event or Termination Event as it shall deem advisable or in the best interest of the Lenders.

Appears in 3 contracts

Samples: Loan and Administration Agreement (Commercial Credit, Inc.), Loan and Administration Agreement (Commercial Credit, Inc.), Loan and Administration Agreement (Commercial Credit, Inc.)

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Notice of Termination Event, Potential Termination Event or Servicer Default. No The Agent shall not be deemed to have knowledge or notice of the occurrence of a Potential Termination Event, a Termination Event or a Servicer Default, unless such the Agent has received written notice from a Lender the Letter of Credit Bank or an Investor or the SPV Originator referring to this Agreement, describing such Potential Termination Event, Termination Event or Servicer Default and stating that such notice is a “Notice of Termination Event or Potential Termination Event” or “Notice of Servicer Default,” as applicable. Such The Agent will notify the Lenders Investors of its receipt of any such notice. Such The Agent shall (subject to Section 10.4) take such action with respect to such Potential Termination Event, Termination Event or Termination Event Servicer Default as may be requested by the Majority LendersInvestors, provided, however, that, unless and until such the Agent shall have received any such request, such the Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Potential Termination Event, Termination Event or Termination Event Servicer Default as it shall deem advisable or in the best interest of the LendersInvestors and the Letter of Credit Bank.

Appears in 1 contract

Samples: Transfer and Administration Agreement (Overnite Corp)

Notice of Termination Event, Potential Termination Event or Servicer Default. No Agent shall be deemed to have knowledge or notice of the occurrence of a Potential Termination Event, a Termination Event or a Servicer Default, unless such Agent has received written notice from a Lender an Investor or the SPV referring to this Agreement, describing such Potential Termination Event, Termination Event or Servicer Default and stating that such notice is a "Notice of Termination Event or Potential Termination Event" or "Notice of Servicer Default," as applicable. Such Agent will notify the Lenders Investors of its receipt of any such notice. Such Agent shall (subject to Section 10.4) take such action with respect to such Potential Termination Event, Termination Event or Termination Event Servicer Default as may be requested by the Majority LendersInvestors, provided, however, that, unless and until such Agent shall have received any such request, such Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Potential Termination Event, Termination Event or Termination Event Servicer Default as it shall deem advisable or in the best interest of the LendersInvestors.

Appears in 1 contract

Samples: Transfer and Administration Agreement (Norfolk Southern Corp)

Notice of Termination Event, Potential Termination Event or Servicer Default. No Agent shall be deemed to have knowledge or notice of the occurrence of a Potential Termination Event, a Termination Event or a Servicer Default, unless such Agent has received written notice from a Lender or the an SPV referring to this Agreement, describing such Potential Termination Event, Termination Event or Servicer Default and stating that such notice is a “Notice of Termination Event or Potential Termination Event” or “Notice of Servicer Default,” as applicable. Such Agent will notify the Lenders of its receipt of any such notice. Such Agent shall (subject to Section 10.4) take such action with respect to such Potential Termination Event or Termination Event as may be requested by the Majority Lenders, provided, however, that, unless and until such Agent shall have received any such request, such Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Potential Termination Event or Termination Event as it shall deem advisable or in the best interest of the Lenders.

Appears in 1 contract

Samples: Loan and Administration Agreement (Commercial Credit, Inc.)

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Notice of Termination Event, Potential Termination Event or Servicer Default. No The Agent shall not be deemed to have knowledge or notice of the occurrence of a Potential Termination Event, a Termination Event or a Servicer Default, unless such the Agent has received written notice from a Lender an Investor or the SPV referring to this Agreement, describing such Potential Termination Event, Termination Event or Servicer Default and stating that such notice is a "Notice of Termination Event or Potential Termination Event" or "Notice of Servicer Default," as applicable. Such The Agent will notify the Lenders Investors of its receipt of any such notice. Such The Agent shall (subject to Section 10.4) take such action with respect to such Potential Termination Event, Termination Event or Termination Event Servicer Default as may be requested by the Majority LendersInvestors, provided, however, that, unless and until such the Agent shall have received any such request, such the Agent may (but shall not be obligated to) take such action, or refrain from taking such action, with respect to such Potential Termination Event, Termination Event or Termination Event Servicer Default as it shall deem advisable or in the best interest of the LendersInvestors.

Appears in 1 contract

Samples: Transfer and Administration Agreement (Diebold Inc)

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