Review Process Limitations. The Asset Representations Reviewer will have no obligation: (i) to determine whether a Delinquency Trigger has occurred or whether the required percentage of Holders of Investor Certificates has voted to direct a Review under the Pooling and Servicing Agreement, and may rely on the information in any Review Notice delivered to the Asset Representations Reviewer; (ii) to determine which Receivables are subject to a Review, and may rely on the lists of Subject Receivables provided by the Servicer; (iii) to obtain or confirm the validity of the Review Materials, and may rely on the accuracy and completeness of the Review Materials; (iv) to obtain missing or insufficient Review Materials from any party or any other source; (v) to take any action or cause any other party to take any action under the Pooling and Servicing Agreement or otherwise to enforce any remedies against the Seller for breaches of representations or warranties about the Subject Receivables; (vi) to determine the reason for the delinquency of any Receivable, the creditworthiness of any Obligor, the overall quality of any Receivable or the compliance by the Servicer with its covenants with respect to the servicing of the Receivable; or (vii) except for those relating to the legal opinion provided pursuant to Section 4.02(f), to make a legal determination or conclusion.
Appears in 2 contracts
Samples: Asset Representations Review Agreement (Citibank, N.A., as Depositor of Citibank Credit Card Issuance Trust), Asset Representations Review Agreement (Citibank, N.A., as Depositor of Citibank Credit Card Issuance Trust)
Review Process Limitations. The Asset Representations Reviewer will have no obligation:
(i) to determine whether a Delinquency Trigger has occurred or whether the required percentage of Holders of Investor Certificates Noteholders has voted to direct a an Asset Representations Review under the Pooling and Servicing AgreementIndenture Supplements, and may rely on the information in any Review Notice delivered to the Asset Representations Reviewer;
(ii) to determine which Receivables are subject to a an Asset Representations Review, and may rely on the lists of Subject Receivables provided by the Servicer;
(iii) to obtain or confirm the validity of the Review Materials, and shall have no liability for any errors in the Review Materials, and may rely on the accuracy and completeness of the Review Materials;
(iv) to obtain missing or insufficient Review Materials from any party or any other source;
(v) to take any action or cause any other party to take any action under any of the Pooling and Servicing Agreement Related Documents or otherwise to enforce any remedies against the Seller any person for breaches of representations or warranties about the Subject Receivables;
(vi) to provide or obtain a legal opinion or to make a legal determination or conclusion with respect to any Test relating to a Subject Receivable; or
(vii) to determine the reason for the delinquency of any Subject Receivable, the creditworthiness of any Obligor, the overall quality of any Subject Receivable or the compliance by the Servicer with its covenants with respect to the servicing of the such Subject Receivable; or
(vii) except for those relating to the legal opinion provided pursuant to Section 4.02(f), to make a legal determination or conclusion.
Appears in 2 contracts
Samples: Asset Representations Review Agreement (First National Funding LLC), Asset Representations Review Agreement (First National Funding LLC)
Review Process Limitations. The Asset Representations Reviewer will have no obligation:
(i) to determine whether a Delinquency Trigger has occurred or whether the required percentage of Holders of Investor Certificates Noteholders has voted to direct a an Asset Representations Review under the Pooling and Servicing AgreementIndenture, and may rely on the information in any Review Notice delivered to the Asset Representations Reviewer;
(ii) to determine which Receivables are subject to a an Asset Representations Review, and may rely on the lists of Subject Receivables provided by the Servicer;
(iii) to obtain or confirm the validity of the Review Materials, and may rely on the accuracy and completeness of the Review Materials;
(iv) to obtain missing or insufficient Review Materials from any party or any other source;
(v) to take any action or cause any other party to take any action under any of the Pooling and Servicing Agreement Related Documents or otherwise to enforce any remedies against the Seller any Person for breaches of representations or warranties about the Subject Receivables;; or
(vi) to determine the reason for the delinquency of any Receivable, the creditworthiness of any Obligor, the overall quality of any Receivable or the compliance by the Servicer with its covenants with respect to the servicing of the such Receivable; or
(vii) except for those relating to the legal opinion provided pursuant to Section 4.02(f), to make a legal determination or conclusion.
Appears in 1 contract
Samples: Asset Representations Review Agreement (World Financial Network Credit Card Master Trust)
Review Process Limitations. The Asset Representations Reviewer will have no obligation:
(i) to determine whether a Delinquency Trigger has occurred or whether the required percentage of Holders of Investor Certificates Noteholders has voted to direct a Review under the Pooling and Servicing AgreementIndenture, and may rely on the information in any Review Notice delivered to the Asset Representations Reviewer;
(ii) to determine which Receivables are subject to a an Asset Representations Review, and may rely on the lists of Subject Receivables provided by the Master Servicer;
(iii) to obtain or confirm the validity of the Review Materials, and may rely on the accuracy and completeness of the Review Materials;
(iv) to obtain missing or insufficient Review Materials from any party or any other source;
(v) to take any action or cause any other party to take any action under the Receivables Sale and Contribution Agreement or the Pooling and Servicing Agreement or otherwise to enforce any remedies against Discover Bank or the Seller Depositor, as applicable, for breaches of representations or warranties about the Subject Receivables;; or
(vi) to determine the reason for the delinquency of any Receivable, the creditworthiness of any Obligor, the overall quality of any Receivable or the compliance by the Master Servicer or the Servicer with its covenants with respect to the servicing of the Receivable; or
(vii) except for those relating to the legal opinion provided pursuant to Section 4.02(f), to make a legal determination or conclusion.
Appears in 1 contract
Samples: Asset Representations Review Agreement (Discover Card Master Trust I)
Review Process Limitations. The Asset Representations Reviewer will have no obligation:
(i) to determine whether a Delinquency Trigger has occurred or whether the required percentage of Holders of Investor Certificates Noteholders has voted to direct a Review under the Pooling and Servicing AgreementIndenture, and may rely on the information in any Review Notice delivered to the Asset Representations Reviewer;
(ii) to determine which Receivables are subject to a an Asset Representations Review, and may rely on the lists of Subject Receivables provided by the Master Servicer;
(iii) to obtain or confirm the validity of the Review Materials, and may rely on the accuracy and completeness of the Review Materials;
(iv) to obtain missing or insufficient Review Materials from any party or any other source;
(v) to take any action or cause any other party to take any action under the Receivables Sale and Contribution Agreement or the Pooling and Servicing Agreement or otherwise to enforce any remedies against Discover Bank or the Seller Depositor, as applicable, for breaches of representations or warranties about the Subject Receivables;; or
(vi) to determine the reason for the delinquency of any Receivable, the creditworthiness of any Obligor, the overall quality of any Receivable or the compliance by the Master Servicer or the Servicer with its covenants with respect to the servicing of the Receivable; or
(vii) except for those relating to the legal opinion provided pursuant to Section 4.02(f), to make a legal determination or conclusion.
Appears in 1 contract
Samples: Asset Representations Review Agreement (Discover Card Master Trust I)