Responsibilities of the Borrower. (a) Anything herein to the contrary notwithstanding, the Borrower shall: (i) perform all of its obligations, if any, under the Contracts related to the Pool Receivables, and the exercise by the Administrator, any Group Agent or any Lender of their respective rights hereunder shall not relieve the Borrower from such obligations, and (ii) pay when due any taxes, including any sales taxes payable in connection with the Pool Receivables and their creation and satisfaction. None of the Administrator, the Group Agents or the Lenders shall have any obligation or liability with respect to any Pool Asset, nor shall any of them be obligated to perform any of the obligations of the Borrower, the Servicer, CB or any Originators thereunder. (b) The Servicer hereby irrevocably agrees that if at any time it shall cease to be a Servicer hereunder, it shall act (if such then-current Servicer so requests) as the data processing agent of the Servicer and, in such capacity, the Servicer shall conduct the data processing functions of the administration of the Pool Receivables and the Collections thereon in substantially the same way that the Servicer conducted such data processing functions while it acted as the Servicer.
Appears in 4 contracts
Samples: Receivables Financing Agreement, Receivables Financing Agreement, Receivables Financing Agreement (Cincinnati Bell Inc)
Responsibilities of the Borrower. (a) Anything herein to the contrary notwithstanding, the The Borrower shall: (i) perform all of its obligations, if any, under the Contracts related to the Pool ReceivablesReceivables to the same extent as if interests in such Pool Receivables had not been transferred hereunder, and the exercise by the AdministratorAdministrative Agent, any Group Agent or any Lender other Credit Party of their respective rights hereunder shall not relieve the Borrower from such obligations, obligations and (ii) pay when due any taxes, including any sales taxes payable in connection with the Pool Receivables and their creation and satisfaction. None of the Administrator, the Group Agents or the Lenders Credit Parties shall have any obligation or liability with respect to any Pool AssetCollateral, nor shall any of them be obligated to perform any of the obligations of the Borrower, the Servicer, CB Servicer or any Originators Originator thereunder.
(b) The Servicer DCP hereby irrevocably agrees that if at any time it shall cease to be a the Servicer hereunder, it shall act (if such the then-current Servicer so requests) as the data data-processing agent of the Servicer and, in such capacity, the Servicer DCP shall conduct the data data-processing functions of the administration of the Pool Receivables and the Collections thereon in substantially the same way that the Servicer DCP conducted such data data-processing functions while it acted as the Servicer. In connection with any such processing functions, the Borrower shall pay to DCP its reasonable out-of-pocket costs and expenses from the Borrower’s own funds (subject to the priority of payments set forth in Section 4.01).
Appears in 4 contracts
Samples: Receivables Financing Agreement (DCP Midstream, LP), Receivables Financing Agreement (DCP Midstream, LP), Receivables Financing Agreement (DCP Midstream, LP)