Common use of Obligations of Backup Servicer Clause in Contracts

Obligations of Backup Servicer. (a) The Backup Servicer shall serve in a reserve capacity to the applicable Servicer, and shall be willing to assume the duties of such Servicer, subject to any limitations as provided for herein, on direction from the Facility Agent. In its capacity as Backup Servicer, the Backup Servicer shall perform the following duties: (i) on a monthly basis, receive from the applicable Servicer month-end portfolio file extracted from such Servicers’ servicing system in a mutually agreed upon format containing the Pool Receivables sold to the applicable SPV; (ii) on a monthly basis, receive the Servicer Report executed by each Servicer which includes information for all Receivables purchased by the SPVs; (iii) on a monthly basis, the Backup Servicer shall load the applicable Servicer’s month-end portfolio file onto the Backup Servicer’s data warehouse system; and (iv) the Backup Servicer shall then reconcile the Outstanding Balance of the Pool Receivables and the amount of Collections from the Servicer Reports received from the Servicers to the information on the Backup Servicer’s data warehouse system and reconcile any differences with each Servicer. (b) Other than as specifically set forth elsewhere in this Agreement or in any other Transaction Document, the Backup Servicer shall have no obligation to supervise, verify, monitor or administer the performance of the Servicers and shall have no liability for any action taken or omitted by any Servicer. (c) The Backup Servicer shall consult fully with the applicable Servicer as may be necessary from time to time to perform or carry out the Backup Servicer’s obligations hereunder, including the obligation to succeed at any time to the duties and obligations of such Servicer as servicer under Section 7.1.

Appears in 1 contract

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

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Obligations of Backup Servicer. (a) The Backup Servicer shall serve in a reserve capacity to the applicable Servicer, and shall be willing to assume the duties of such Servicer, subject to any limitations as provided for herein, the Servicer on direction from the Facility Agent. In its capacity as Backup Servicer, the Backup Servicer shall perform the following duties: (i) on On a monthly basis, receive from the applicable Servicer month-end portfolio file extracted from such the Servicers’ servicing system in a mutually agreed upon format containing the Pool Receivables sold to the applicable SPV; (ii) on a monthly basis, receive from the Servicer, the Servicer Report executed by each Servicer which includes information for all Receivables purchased by the SPVsSPV; (iii) on a monthly basis, the Backup Servicer shall load the applicable Servicer’s month-end portfolio file onto the Backup Servicer’s data warehouse system; and (iv) the Backup Servicer shall then reconcile the Outstanding Balance of the Pool Receivables and the amount of Collections from the Servicer Reports Report received from the Servicers Servicer to the information on the Backup Servicer’s data warehouse system and reconcile any differences with each the Servicer. (b) Other than as specifically set forth elsewhere in this Agreement or in any other Transaction Document, the Backup Servicer shall have no obligation to supervise, verify, monitor or administer the performance of the Servicers Servicer and shall have no liability for any action taken or omitted by any the Servicer. (c) The Backup Servicer shall consult fully with the applicable Servicer as may be necessary from time to time to perform or carry out the Backup Servicer’s obligations hereunder, including the obligation to succeed at any time to the duties and obligations of such the Servicer as servicer under Section 7.1.

Appears in 1 contract

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

Obligations of Backup Servicer. (a) The Backup Servicer shall serve in a reserve capacity to the applicable Servicer, and shall be willing to assume the duties of such Servicer, subject to any limitations as provided for herein, the Servicer on direction from the Facility Agent. In its capacity as Backup Servicer, the Backup Servicer shall perform the following duties: (i) on On a monthly basis, receive from the applicable Servicer month-end portfolio file extracted from such the Servicers’ servicing system in a mutually agreed upon format containing the Pool Receivables sold to the applicable SPV; (ii) on a monthly basis, receive from the Servicer, the Servicer Report executed by each Servicer which includes information for all Receivables purchased by the SPVsSPV; (iii) on a monthly basis, the Backup Servicer shall load the applicable Servicer’s month-end portfolio file onto the Backup Servicer’s data warehouse system; and (iv) the Backup Servicer shall then reconcile the Outstanding Balance Net Book Value of the Pool Receivables and the amount of Collections from the Servicer Reports Report received from the Servicers Servicer to the information on the Backup Servicer’s data warehouse system and reconcile any differences with each the Servicer. (b) Other than as specifically set forth elsewhere in this Agreement or in any other Transaction Document, the Backup Servicer shall have no obligation to supervise, verify, monitor or administer the performance of the Servicers Servicer and shall have no liability for any action taken or omitted by any the Servicer. (c) The Backup Servicer shall consult fully with the applicable Servicer as may be necessary from time to time to perform or carry out the Backup Servicer’s obligations hereunder, including the obligation to succeed at any time to the duties and obligations of such the Servicer as servicer under Section 7.1.

Appears in 1 contract

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

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Obligations of Backup Servicer. (a) The Backup Servicer shall serve in a reserve capacity to the applicable Servicer, and shall be willing to assume the duties of such the Servicer, subject to any limitations as provided for herein, on direction from the Facility Agent. In its capacity as Backup Servicer, the Backup Servicer shall perform the following duties: (i) on On a monthly basis, receive from the applicable Servicer month-end portfolio file extracted from such the Servicers’ servicing system in a mutually agreed upon format containing the Pool Receivables sold to the applicable SPV; (ii) on a monthly basis, receive from the Servicer, the Servicer Report executed by each Servicer which includes information for all Receivables purchased by the SPVsSPV; (iii) on a monthly basis, the Backup Servicer shall load the applicable Servicer’s month-end portfolio file onto the Backup Servicer’s data warehouse system; and (iv) the Backup Servicer shall then reconcile the Outstanding Balance of the Pool Receivables and the amount of Collections from the Servicer Reports Report received from the Servicers Servicer to the information on the Backup Servicer’s data warehouse system and reconcile any differences with each the Servicer. (b) Other than as specifically set forth elsewhere in this Agreement or in any other Transaction Document, the Backup Servicer shall have no obligation to supervise, verify, monitor or administer the performance of the Servicers Servicer and shall have no liability for any action taken or omitted by any the Servicer. (c) The Backup Servicer shall consult fully with the applicable Servicer as may be necessary from time to time to perform or carry out the Backup Servicer’s obligations hereunder, including the obligation to succeed at any time to the duties and obligations of such the Servicer as servicer under Section 7.1.

Appears in 1 contract

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

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