Responsibilities of Servicer. Anything herein to the contrary notwithstanding:
(a) the Servicer shall perform its obligations hereunder, and the exercise by the Issuer or its designee of its rights hereunder shall not relieve the Servicer from such obligations;
(b) the Servicer shall not have any obligation or liability to TRC LLC or Innoviva or any other Person other than the Issuer and, except as expressly provided for hereunder, with respect to any of the Issuer’s rights and obligations under the TRC LLC Agreement or any related agreements, nor shall the Servicer be obligated to perform any of the obligations of any of them thereunder;
(c) the Servicer agrees to be bound by the provisions of the Sale and Contribution Agreement to the extent it receives Confidential Information pursuant to this Servicing Agreement or any other Transaction Document;
(d) the Servicer shall perform its obligations under this Servicing Agreement in accordance with its reasonable and prudent servicing procedures for servicing assets comparable to the Issuer’s rights and obligations under the TRC LLC Agreement for its own account or for others and in any event with such care as a reasonably prudent servicer would use to service and administer the Issuer’s rights and obligations under the TRC LLC Agreement and not in violation of the Issuer’s obligations under the Transaction Documents; provided, however, the Servicer shall not be obligated to use separate servicing procedures, offices, employees or accounts for servicing the Issuer’s rights and obligations under the TRC LLC Agreement from the procedures, offices, employees and accounts used by the Servicer in connection with servicing other assets comparable to the Issuer’s rights and obligations under the TRC LLC Agreement; and
(e) the Servicer and any member, director, officer, employee or agent of the Servicer may rely in good faith on any document of any kind prima facie properly executed and submitted by the appropriate Person respecting any matters arising under the Transaction Documents.
Responsibilities of Servicer. Anything herein to the contrary notwithstanding:
Responsibilities of Servicer. 6 Section 3.02. Standard of Care............................ 9 Section 3.03. Clearing Account, ACH Payments and Servicer Remittances................................. 9 Section 3.04. Property Management......................... 10 Section 3.05.
Responsibilities of Servicer. (a) The Transferor hereby appoints the Servicer, for the benefit of MBIA and the Certificateholders, to act as Servicer of the Lease Assets and as such, the Servicer shall be responsible for, and shall, in accordance with its customary servicing procedures, pursue the managing, servicing, administering, enforcing and making of collections on the Lease Contracts, the Equipment, the Lease Receivables and any Insurance Policies, the enforcement of the Trustee's security interest in the Lease Contracts, Lease Receivables and Equipment conveyed pursuant to the Trust and Security Agreement, and the sale or the releasing of the Equipment upon the expiration or other termination of the related Lease Contract (or repossession thereof without termination), each in accordance with the standards and procedures set forth in this Agreement and any related provisions of the Trust and Security Agreement and Lease Acquisition Agreement. The Servicer's responsibilities shall include monitoring and posting of all payments, responding to inquiries of Customers, investigating delinquencies, accounting for collections and furnishing monthly and annual statements to the Back-up Servicer, the Trustee, MBIA, the Rating Agencies and the Certificateholders with respect to payments under the Lease Contracts, making Servicer Advances, providing appropriate federal income tax information to the Trustee for use in providing information to the Certificateholders or MBIA, collecting and remitting sales and property taxes to taxing authorities, and maintaining the perfected security interest of the Trustee in the Trust Estate. The Servicer (at its expense) shall have full power and authority, acting at its sole discretion, to do any and all things in connection with such managing, servicing, administration, enforcement, collection and such sale of the Equipment that it may deem necessary or desirable, including the prudent delegation of such responsibilities; provided that only with the prior written consent of MBIA shall the Servicer subcontract with another firm to act as subservicer with respect to the Servicer's obligations hereunder and then only so long as the Servicer remains fully responsible and accountable for performance of all obligations of the Servicer hereunder; provided further that the Servicer may subcontract out its remarketing obligations with respect to the Equipment without the consent of MBIA so long as the Servicer remains fully responsible and accountable for the p...
Responsibilities of Servicer. Servicer shall have no duties, obligations or responsibilities other than those specifically expressed and set forth herein, and no implied obligations of Servicer shall be read into this Agreement.
Responsibilities of Servicer. Lender shall ensure that any Servicer retained by Lender to service Loans funded under this Agreement shall:
A. Promptly upon receipt of the electronic or paper data for a Loan that CFS provides under Section 4.D, perform the actions necessary to prepare such Loans for loading to Servicer's system.
B. Promptly upon receipt of each Borrower File, undertake its obligation with respect to such file and review the Borrower File for each Loan to confirm that each Borrower File is complete, including without limitation that:
(1) the LCVC is present and signed by a representative of the owner of the loans being consolidated, or by an agent representing the owner and authorized to execute the LCVC on behalf of the owner.
(2) the Application and Consolidation Loan Note are present and signed by the Borrower (but the Servicer shall have no obligation to verify that the signature on the Application or Consolidation Loan Note is the actual signature of the Borrower).
C. Disburse funds from the Funding Account (as defined in Section 7 of this Agreement) in accordance with the provisions of this Section 6.
Responsibilities of Servicer. The Servicer shall not have any duties, obligations or responsibilities other than those specifically expressed and set forth herein and no implied obligations of the Servicer shall be read into this Servicing Agreement. Neither the Servicer nor any of its respective directors, officers, agents or employees shall be liable to any person, including, without limitation, the Owner Trustee, the Note Insurer, the Indenture Trustee or the Noteholders in connection with this Servicing Agreement, except for the breach of any of its representations and warranties or obligations under this Servicing Agreement or for the negligence, bad faith or willful misconduct of the Servicer, or any of its respective officers, directors, agents or employees.
Responsibilities of Servicer. Section 2.1. The Borrower hereby appoints and engages Servicer to provide the services described on Annex 1 hereto (the “Services”), pursuant to, and in accordance with, the terms and provisions of this Agreement, and Servicer hereby accepts such appointment and agrees to perform its covenants, duties, obligations and the Services on the terms and conditions set forth in this Agreement. Servicer will, for the benefit of the Borrower and so long as the Loan Agreement is in effect, the Administrative Agent and the Lenders, perform the Services in all cases subject to the Servicing Standard. Servicer shall also take such ancillary actions (even if not specifically set forth in Annex 1) as are reasonably necessary to service the Pledged Policies in accordance with the Servicing Standard. Servicer and the Borrower agree that in the event the Borrower, or so long as the Loan Agreement is in effect, the Administrative Agent, requests Servicer perform additional work other than the Services and such ancillary actions, Servicer will decide in its reasonable discretion whether to perform such work. If Servicer reasonably declines to perform such work, such declination shall not constitute a default and may not serve as a reason for the termination of Servicer.
Responsibilities of Servicer. 6 Section 3.02 Servicer Standard of Care . . . . . . . . . . . . . . . . . . . . . . . . 8 Section 3.03 Lockbox Account and Servicer Remittances . . . . . . . . . . . . . . . . 9 Section 3.04
Responsibilities of Servicer. Lender shall ensure that any Servicer retained by Lender to service Loans funded under this Agreement shall:
