Other Matters Relating to the Servicer. Section 8.1 Liability of the Servicer............................ 87 Section 8.2 Merger or Consolidation of, or Assumption of the Obligations of, the Servicer................... 87 Section 8.3 Limitation on Liability of the Servicer and Others......................................... 88 Section 8.4 Servicer Indemnification of the Trust and the Trustee....................................... 89 Section 8.5 The Servicer Not to Resign........................... 90 Section 8.6 Access to Certain Documentation and Information Regarding the Receivables.......................... 90 Section 8.7
Other Matters Relating to the Servicer. The Servicer is hereby authorized and empowered to:
(a) advise the Trustee in connection with the amount of withdrawals from Accounts in accordance with the provisions of this Indenture;
(b) execute and deliver, on behalf of the Issuer, any and all instruments of satisfaction or cancellation, or of partial or full release or discharge, and all other comparable instruments, with respect to the Pledged Loans and, after the delinquency of any Pledged Loan and to the extent permitted under and in compliance with applicable law and regulations, to commence enforcement proceedings with respect to such Pledged Loan including without limitation the exercise of rights under any power-of-attorney granted in any Pledged Loan; and
(c) make any filings, reports, notices, applications, registrations with, and to seek any consents or authorizations from the Securities and Exchange Commission and any state securities authority on behalf of the Issuer as may be necessary or advisable to comply with any federal or state securities or reporting requirements laws. Prior to the occurrence of an Event of Default hereunder, the Trustee agrees that it shall promptly follow the instructions of the Servicer duly given to withdraw funds from the Accounts.
Other Matters Relating to the Servicer. Section 8.1
Other Matters Relating to the Servicer. Section 5.1. Liability of the Servicer 31 Section 5.2. Merger or Consolidation of, or Assumption of the Obligations of, the Servicer 31 Section 5.3. Limitations on the Liability of the Servicer and Others 31
Other Matters Relating to the Servicer. Section 5.01 Liability of the Servicer 28 Section 5.02 Limitation on Liability of the Servicer and Others 29 Section 5.03 Servicer Not to Resign 29 Section 5.04 Waiver of Defaults 29 ARTICLE VI ADDITIONAL OBLIGATION OF THE SERVICER WITH RESPECT TO THE TRUSTEE Section 6.01 Successor Trustee 30 Section 6.02 Tax Returns 30 Section 6.03 Final Payment with Respect to Any Series 30 Section 6.04 Optional Purchase of Receivables Trust Estate 30 ARTICLE VII MISCELLANEOUS PROVISIONS Section 7.01 Amendment 31 Section 7.02 Protection of Right, Title and Interest to Receivables and Related Security 33 Section 7.03 Governing Law 33 Section 7.04 Notices 34 Section 7.05 Severability of Provisions 34 Section 7.06 Delegation 34 Section 7.07 Waiver of Trial by Jury 34 Section 7.08 Further Assurances 34 Section 7.09 No Waiver; Cumulative Remedies 34 Section 7.10 Counterparts 35 Section 7.11 Third-Party Beneficiaries 35 Section 7.12 Actions by Noteholders 35 Section 7.13 Rule 144A Information 35 Section 7.14 Merger and Integration 35 Section 7.15 Headings 35 Section 7.16 Rights of the Trustee 35 Section 7.17 Sales Tax Proceeds 36 Section 7.18 Limitation of Liability 36 EXHIBITS Exhibit A Form of Monthly Servicer Report Exhibit B Form of Annual Servicer’s Certificate SCHEDULES Schedule 2.10(i) Litigation SERVICING AGREEMENT dated as of December 20, 2017 (the “Agreement”) by and among CONN’S RECEIVABLES FUNDING 2017-B, LLC, a Delaware limited liability company, as issuer (the “Issuer”), CONN’S RECEIVABLES 2017-B TRUST, a Delaware statutory trust, as receivables trust (the “Receivables Trust”), CONN APPLIANCES, INC., a Texas corporation (“Conn Appliances”), as initial Servicer, and WILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking association, as trustee under the Indenture (defined below) (in such capacity, together with its successors and assigns in such capacity, the “Trustee”).
Other Matters Relating to the Servicer. Section 5.01 Liability of the Servicer 27
Other Matters Relating to the Servicer. Section 5.01. Liability of the Servicer....................................................................... 51
Other Matters Relating to the Servicer. Section 5.01.
Other Matters Relating to the Servicer. Section 8.1. Liability of the Servicer 57 Section 8.2. Merger or Consolidation of, or Assumption of the Obligations of, the Servicer 57 Section 8.3. Limitation on Liability 58 Section 8.4. Servicer Indemnification of the Trust and the Trustee 58 Section 8.5. The Servicer Not to Resign 59 Section 8.6. Access to Certain Documentation and Information Regarding the Receivables 59 Section 8.7. Delegation of Duties 60 Section 8.8. Examination of Records 60 ARTICLE IX
Other Matters Relating to the Servicer. The Servicer is hereby authorized and empowered (i) to make withdrawals from time to time from the Collection Account when specifically permitted pursuant to the terms of Section 7.06 and the Collection Account Agreement, but only to the extent that the Collateral Agent has not otherwise instructed the Collection Account Bank in accordance with the terms hereof and of the Collection Account Agreement, (ii) to advise the Collateral Agent in connection with the amount of permitted withdrawals from the Collection Account in accordance with the provisions hereof, (iii) to the extent permitted pursuant to the other terms and conditions of this Agreement, to execute and deliver, on behalf of the Borrower, any and all instruments of satisfaction or cancellation, or of partial or full release or discharge, and all other comparable instruments, with respect to the Acquired Advances and Loan Documents and, after the delinquency of any Acquired Advance and to the extent permitted under and in compliance with applicable law and regulations, to commence enforcement proceedings with respect to such Acquired Advance including, without limitation, the exercise of rights under any power-of-attorney granted in any Loan Document or other document executed in connection therewith and (iv) to make any filings, reports, notices, applications, registrations with, and to seek any authorization from the Securities and Exchange Commission and any state securities authority on behalf of the Borrower as may be necessary or advisable to comply with any federal or state securities or reporting requirements laws.
