Common use of Rights of the Insurer Clause in Contracts

Rights of the Insurer. (a) The Insurer is an express third-party beneficiary of this Agreement. (b) On each Distribution Date the Trustee shall make available to the Insurer a copy of the reports made available to the Class A Certificateholders and the Depositor on such Distribution Date. (c) The Trustee shall provide to the Insurer copies of any report, notice, Opinion of counsel, Officers' Certificate, request for consent or request for amendment to any document related hereto promptly upon the Trustee's production or receipt thereof. (d) Unless an Insurer Default exists, the Trustee and the Depositor shall not agree to any amendment to this Agreement without first having obtained the prior written consent of the Insurer, which consent shall not be unreasonably withheld. (e) So long as there does not exist a failure by the Insurer to make a required payment under the Policy, the Insurer shall have the right to exercise all rights of the Holders of the Class A Certificates under this Agreement without any consent of such Holders, and such Holders may exercise such rights only with the prior written consent of the Insurer, except as provided herein. (f) The Insurer shall not be entitled to exercise any of its rights hereunder so long as there exists a failure by the Insurer to make a required payment under the Policy.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (Residential Asset Mortgage Products Inc), Pooling and Servicing Agreement (Residential Asset Mortgage Products Inc), Pooling and Servicing Agreement (Residential Asset Mortgage Products Inc)

AutoNDA by SimpleDocs

Rights of the Insurer. (a) The Insurer is an express third-party beneficiary of this Agreement. (b) On each Distribution Date the Trustee shall make available forward to the Insurer a copy of the reports made available furnished to the Class A Certificateholders and the Depositor on such Distribution Date. (c) The Trustee shall provide to the Insurer copies of any report, notice, Opinion of counsel, Officers' Certificate, request for consent or request for amendment to any document related hereto promptly upon the Trustee's production or receipt thereof. (d) Unless an Insurer Default exists, the Trustee and the Depositor shall not agree to any amendment to this Agreement without first having obtained the prior written consent of the Insurer, which consent shall not be unreasonably withheld. (e) So long as there does not exist a failure by the Insurer to make a required payment under the Policy, the Insurer shall have the right to exercise all rights of the Holders of the Class A Certificates under this Agreement without any consent of such Holders, and such Holders may exercise such rights only with the prior written consent of the Insurer, except as provided herein. (f) The Insurer shall not be entitled to exercise any of its rights hereunder so long as there exists a failure by the Insurer to make a required payment under the Policy.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (Residential Asset Securities Corp), Pooling and Servicing Agreement (Residential Asset Mortgage Products Inc), Pooling and Servicing Agreement (Residential Asset Mortgage Products Inc)

Rights of the Insurer. (a) The Insurer is an express third-party beneficiary of this Agreement. (b) On each Distribution Date the Trustee shall make available to the Insurer a copy of the reports made available to the Class A Certificateholders and the Depositor on such Distribution Date. (c) The Trustee shall provide to the Insurer copies of any report, notice, Opinion of counselCounsel, Officers' Certificate, request for consent or request for amendment to any document related hereto promptly upon the Trustee's production or receipt thereof. (d) Unless an Insurer Default exists, the Trustee and the Depositor shall not agree to any amendment to this Agreement without first having obtained the prior written consent of the Insurer, which consent shall not be unreasonably withheld. (e) So long as there does not exist a failure by the Insurer to make a required payment under the Policy, the Insurer shall have the right to exercise all rights of the Holders of the Class A Certificates under this Agreement without any consent of such Holders, and such Holders may exercise such rights only with the prior written consent of the Insurer, except as provided herein. (f) The Insurer shall not be entitled to exercise any of its rights hereunder so long as there exists a failure by the Insurer to make a required payment under the Policy.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (RAMP Series 2005-Rs9 Trust), Pooling and Servicing Agreement (RAMP Series 2005-Efc7 Trust), Pooling and Servicing Agreement (RAMP Series 2005-Nc1 Trust)

Rights of the Insurer. (a) The Insurer is an express third-party beneficiary of this Agreement. (b) On each Distribution Date date the Trustee shall make available forward to the Insurer a copy of the reports made available furnished to the Class A Certificateholders and the Depositor on such Distribution Date. (c) The Trustee shall provide to the Insurer copies of any report, notice, Opinion of counselCounsel, Officers' Officer's Certificate, request for consent or request for amendment to any document related hereto promptly upon the Trustee's production or receipt thereof. (d) Unless an Insurer Default exists, the Trustee and the Depositor shall not agree to any amendment to this Agreement without first having obtained the prior written consent of the Insurer, which if such consent shall is not be unreasonably withheld. (e) So long as there does not exist a failure by the Insurer to make a required payment under the Policy, the Insurer shall have the right to exercise all rights of the Holders of the Class A Certificates under this Agreement without any consent of such Holders, and such Holders may exercise such rights only with the prior written consent of the Insurer, except as provided herein. (f) The Insurer shall not be entitled to exercise any of its rights hereunder so long as there exists a failure by the Insurer to make a required payment under the Policy.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Equity One Abs Inc), Pooling and Servicing Agreement (Equity One Abs Inc)

Rights of the Insurer. (a) The Insurer is an express third-party beneficiary of this Agreement. (b) On In each Distribution Date the Trustee shall make available forward to the Insurer a copy of the reports made available furnished to the Class A Certificateholders and the Depositor on such Distribution Date. (c) The Trustee shall provide to the Insurer copies of any report, notice, Opinion of counselCounsel, Officers' Officer's Certificate, request for consent or request for amendment to any document related hereto promptly upon the Trustee's production or receipt thereof. (d) Unless an Insurer Default exists, the Trustee and the Depositor shall not agree to any amendment to this Agreement without first having obtained the prior written consent of the Insurer, which if such consent shall is not be unreasonably withheld. (e) So long as there does not exist a failure by the Insurer to make a required payment under the PolicyPolicies, the Insurer shall have the right to exercise all rights of the Holders of the Class A Certificates under this Agreement without any consent of such Holders, and such Holders may exercise such rights only with the prior written consent of the Insurer, except as provided herein. (f) The Insurer shall not be entitled to exercise any of its rights hereunder so long as there exists a failure by the Insurer to make a required payment under the related Policy. (g) Any consent, waiver or approval required or requested hereunder from the Insurer shall only be effective if delivered in a written instrument signed by the Insurer.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Residential Asset Securities Corp), Pooling and Servicing Agreement (Residential Asset Securities Corp)

Rights of the Insurer. (a) The Insurer is an express third-party beneficiary of this Agreement. (b) On each Distribution Date date the Trustee shall make available to the Insurer a copy of the reports made available furnished to the Class A Certificateholders Holders of Offered Certificates and the Depositor on such Distribution Date. (c) The Trustee shall provide to the Insurer copies of any report, notice, Opinion of counselCounsel, Officers' Officer's Certificate, request for consent or request for amendment to any document related hereto promptly upon the Trustee's production or receipt thereof. (d) Unless an Insurer Default exists, the Trustee and the Depositor shall not agree to any amendment to this Agreement without first having obtained the prior written consent of the Insurer, which if such consent shall is not be unreasonably withheld. (e) So long as there does not exist a failure by the Insurer to make a required payment under the Policy, the Insurer shall have the right to exercise all rights of the Holders of the Class A Offered Certificates under this Agreement without any consent of such Holders, and such Holders may exercise such rights only with the prior written consent of the Insurer, except as provided herein. (f) The Insurer shall not be entitled to exercise any of its rights hereunder so long as there exists a failure by the Insurer to make a required payment under the Policy.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Equity One Abs Inc Mortgage Pass Thru Cert Series 2002-2), Pooling and Servicing Agreement (Equity One Abs Inc)

Rights of the Insurer. (a) The Insurer is an express third-party beneficiary of this AgreementAgreement unless an Insurer Default exists. (b) On each Distribution Date the Trustee shall make available forward to the Insurer a copy of the reports made available furnished to the Class A Certificateholders and the Depositor on such Distribution Date. (c) The Trustee shall provide to the Insurer copies of any report, notice, Opinion of counselCounsel, Officers' Officer's Certificate, request for consent or request for amendment to any document related hereto promptly upon the Trustee's production or receipt thereof. (d) Unless an Insurer Default exists, the Trustee and the Depositor shall not agree to any amendment to this Agreement without first having obtained the prior written consent of the Insurer, which if such consent shall is not be unreasonably withheld. (e) So long as there does not exist a failure by the Insurer to make a required payment under the Policy, the Insurer shall have the right to exercise all rights of the Holders of the Class A Certificates under this Agreement without any consent of such Holders, and such Holders may exercise such rights only with the prior written consent of the Insurer, except as provided herein. (f) The Insurer shall not be entitled to exercise any of its rights hereunder so long as there exists a failure by the Insurer to make a required payment under the Policy.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Asset Backed Securities Corp), Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)

Rights of the Insurer. (a) The Insurer is an express third-party beneficiary of this Agreement. (b) On each Distribution Date the Trustee shall make available forward to the Insurer a copy of the reports made available furnished to the Class A Certificateholders and the Depositor on such Distribution Date. (c) The Trustee shall provide to the Insurer copies of any report, notice, Opinion of counsel, Officers' Officer's Certificate, request for consent or request for amendment to any document related hereto promptly upon the Trustee's production or receipt thereof. (d) Unless an Insurer Default exists, the Trustee and the Depositor shall not agree to any amendment to this Agreement without first having obtained the prior written consent of the Insurer, which consent shall not be unreasonably withheld.. 140 (e) So long as there does not exist a failure by the Insurer to make a required payment under the Policy, the Insurer shall have the right to exercise all rights of the Holders of the Class A Certificates under this Agreement without any consent of such Holders, and such Holders may exercise such rights only with the prior written consent of the Insurer, except as provided herein. (f) The Insurer shall not be entitled to exercise any of its rights hereunder so long as there exists a failure by the Insurer to make a required payment under the Policy.. 141

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Inc)

Rights of the Insurer. (a) The Insurer is an express third-party beneficiary of this Agreement. (b) On each Distribution Date the Trustee shall make available electronically to the Insurer a copy of the reports made available furnished to the Class A Senior Certificateholders and the Depositor on such Distribution Date. (c) The Trustee shall provide to the Insurer copies of any report, notice, Opinion of counselCounsel, Officers' Officer's Certificate, request for consent or request for amendment to any document related hereto promptly upon the Trustee's production or receipt thereof. (d) Unless an Insurer Default exists, the Trustee and the Depositor shall not agree to any amendment to this Agreement without first having obtained the prior written consent of the Insurer, which consent shall not be unreasonably withheld. (e) So long as there does not exist a failure by the Insurer to make a required payment under the Policy, the Insurer shall have the right to exercise all rights of the Holders of the Class A Senior Certificates under this Agreement without any consent of such Holders, and such Holders may exercise such rights only with the prior written consent of the Insurer, except as provided herein. (f) The Insurer shall not be entitled to exercise any of its rights hereunder so long as there exists a failure by the Insurer to make a required payment under the Policy.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Residential Asset Mortgage Products Inc)

Rights of the Insurer. (a) The Insurer is an express third-party beneficiary of this Agreement. (b) On each Distribution Date the Trustee shall make available electronically to the Insurer a copy of the reports made available furnished to the Class A Certificateholders and the Depositor on such Distribution Date. (c) The Trustee shall provide to the Insurer copies of any report, notice, Opinion of counselCounsel, Officers' Officer's Certificate, request for consent or request for amendment to any document related hereto promptly upon the Trustee's production or receipt thereof. (d) Unless an Insurer Default exists, the Trustee and the Depositor shall not agree to any amendment to this Agreement without first having obtained the prior written consent of the Insurer, which consent shall not be unreasonably withheld. (e) So long as there does not exist a failure by the Insurer to make a required payment under the Policy, the Insurer shall have the right to exercise all rights of the Holders of the Class A A-6 Certificates under this Agreement without any consent of such Holders, and such Holders may exercise such rights only with the prior written consent of the Insurer, except as provided herein. (fe) The Insurer shall not be entitled to exercise any of its rights hereunder so long as there exists a failure by the Insurer to make a required payment under the Policy.. [Signature Page Follows]

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Residential Asset Mortgage Products Inc)

Rights of the Insurer. (a) The Insurer is an express third-party beneficiary of this Agreement. (b) On each Distribution Date date the Trustee shall make available to the Insurer a copy of the reports made available furnished to the Class A Certificateholders Holders of Offered Certificates and the Depositor on such Distribution Date. (c) The Trustee shall provide to the Insurer copies of any report, notice, Opinion of counselCounsel, Officers' Officer's Certificate, request for consent or request for amendment to any document related hereto promptly upon the Trustee's production or receipt thereof. (d) Unless an Insurer Default existsexists and for so long as the Class AF Certificates remain outstanding, the Trustee and the Depositor shall not agree to any amendment to this Agreement without first having obtained the prior written consent of the Insurer, which if such consent shall is not be unreasonably withheld. (e) So long as there does not exist a failure by the Insurer to make a required payment under the Policy, the Insurer shall have the right to exercise all rights of the Holders of the Class A AF Certificates under this Agreement without any consent of such Holders, and such Holders may exercise such rights only with the prior written consent of the Insurer, except as provided herein. (f) The Insurer shall not be entitled to exercise any of its rights hereunder so long as there exists a failure by the Insurer to make a required payment under the Policy.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Equity One Abs Inc)

Rights of the Insurer. (a) The Insurer is an express third-party beneficiary of this Agreement. (b) On each Distribution Date the Trustee shall make available electronically to the Insurer a copy of the reports made available furnished to the Class A Senior Certificateholders and the Depositor on such Distribution Date. (c) The Trustee shall provide to the Insurer copies of any report, notice, Opinion of counselCounsel, Officers' Officer's Certificate, request for consent or request for amendment to any document related hereto promptly upon the Trustee's production or receipt thereof. (d) Unless an Insurer Default exists, the Trustee and the Depositor shall not agree to any amendment to this Agreement without first having obtained the prior written consent of the Insurer, which consent shall not be unreasonably withheld. (e) So long as there does not exist a failure by the Insurer to make a required payment under the Policy, the Insurer shall have the right to exercise all rights of the Holders of the Class A Senior Certificates under this Agreement without any consent of such Holders, and such Holders may exercise such rights only with the prior written consent of the Insurer, except as provided herein. (f) The Insurer shall not be entitled to exercise any of its rights hereunder so long as there exists a failure by the Insurer to make a required payment under the Policy.. 139

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Residential Asset Mortgage Products Inc)

Rights of the Insurer. (a) The Insurer is an express third-party beneficiary of this Agreement. (b) On each Distribution Date the Trustee shall make available to the Insurer a copy of the reports made available to the Class A Certificateholders and the Depositor on such Distribution Date. (c) The Trustee shall provide to the Insurer copies of any report, notice, Opinion of counsel, Officers' Certificate, request for consent or request for amendment to any document related hereto promptly upon the Trustee's production or receipt thereof. (d) Unless an Insurer Default exists, the Trustee and the Depositor shall not agree to any amendment to this Agreement without first having obtained the prior written consent of the Insurer, which consent shall not be unreasonably withheld. (e) So long as there does not exist a failure by the Insurer to make a required payment under the Policy, the Insurer shall have the right to exercise all rights of the Holders of the Class A A-II Certificates under this Agreement without any consent of such Holders, and such Holders may exercise such rights only with the prior written consent of the Insurer, except as provided herein. (f) The Insurer shall not be entitled to exercise any of its rights hereunder so long as there exists a failure by the Insurer to make a required payment under the Policy.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Residential Asset Mortgage Products Inc)

AutoNDA by SimpleDocs

Rights of the Insurer. (a) The Insurer is an express third-party beneficiary of this Agreement. (b) On each Distribution Date the Trustee shall make available to the Insurer a copy of the reports made available to the Class A Certificateholders and the Depositor on such Distribution Date. (c) The Trustee shall provide to the Insurer copies of any report, notice, Opinion of counsel, Officers' Certificate, request for consent or request for amendment to any document related hereto promptly upon the Trustee's production or receipt thereof. (d) Unless an Insurer Default exists, the Trustee and the Depositor shall not agree to any amendment to this Agreement without first having obtained the prior written consent of the Insurer, which consent shall not be unreasonably withheld. (e) So long as there does not exist a failure by the Insurer to make a required payment under the Policy, the Insurer shall have the right to exercise all rights of the Holders of the Class A A-I Certificates under this Agreement without any consent of such Holders, and such Holders may exercise such rights only with the prior written consent of the Insurer, except as provided herein. (f) The Insurer shall not be entitled to exercise any of its rights hereunder so long as there exists a failure by the Insurer to make a required payment under the Policy.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Ramp Series 2004-Rs5 Trus)

Rights of the Insurer. (a) The Insurer is an express third-party beneficiary of this AgreementAgreement unless an Insurer Default exists. (b) On each Distribution Date the Trustee shall make available forward to the Insurer a copy of the reports made available furnished to the Class A Certificateholders and the Depositor on such Distribution Date. (c) The Trustee shall provide to the Insurer copies of any report, notice, Opinion of counselCounsel, Officers' Officer's Certificate, request for consent or request for amendment to any document related hereto promptly upon the Trustee's production or receipt thereof. (d) Unless an Insurer Default exists, the Trustee and the Depositor shall not agree to any amendment to this Agreement without first having obtained the prior written consent of the Insurer, which if such consent shall is not be unreasonably withheld. (e) So long as there does not exist a failure by the Insurer to make a required payment under the Policy, the Insurer shall have the right to exercise all rights of the Holders of the Class A Certificates under this Agreement without any consent of such Holders, and such Holders may exercise such rights only with the prior written consent of the Insurer, except as provided herein. (f) The Insurer shall not be entitled to exercise any of its rights hereunder so long as there exists a failure by the Insurer to make a required payment under the Policy.]

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)

Rights of the Insurer. (a) The Insurer is an express third-party beneficiary of this Agreement. (b) On each Distribution Date the Trustee shall make available to the Insurer a copy of the reports made available to the Class A Certificateholders and the Depositor on such Distribution Date. (c) The Trustee shall provide to the Insurer copies of any report, notice, Opinion of counselCounsel, Officers' Certificate, request for consent or request for amendment to any document related hereto promptly upon the Trustee's production or receipt thereof. (d) Unless an Insurer Default exists, the Trustee and the Depositor shall not agree to any amendment to this Agreement without first having obtained the prior written consent of the Insurer, which consent shall not be unreasonably withheld. (e) So long as there does not exist a failure by the Insurer to make a required payment under one of the PolicyPolicies, the Insurer shall have the right to exercise all rights of the Holders of the Class A Certificates under this Agreement without any consent of such Holders, and such Holders may exercise such rights only with the prior written consent of the Insurer, except as provided herein. (f) The Insurer shall not be entitled to exercise any of its rights hereunder so long as there exists a failure by the Insurer to make a required payment under one of the PolicyPolicies.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (RAMP Series 2004-Rs7 Trust)

Rights of the Insurer. (a) The Insurer is an express third-party beneficiary of this Agreement. (b) On each Distribution Date the Trustee shall make available forward to the Insurer a copy of the reports made available furnished to the Class A Certificateholders and the Depositor on such Distribution Date. (c) The Trustee shall provide to the Insurer copies of any report, notice, Opinion of counselCounsel, Officers' Officer's Certificate, request for consent or request for amendment to any document related hereto promptly upon the Trustee's production or receipt thereof. (d) Unless an Insurer Default exists, the Trustee and the Depositor shall not agree to any amendment to this Agreement without first having obtained the prior written consent of the Insurer, which if such consent shall is not be unreasonably withheld. (e) So long as there does not exist a failure by the Insurer to make a required payment under the Policy, the Insurer shall have the right to exercise all rights of the Holders of the Class A Certificates under this Agreement without any consent of such Holders, and such Holders may exercise such rights only with the prior written consent of the Insurer, except as provided herein. (f) The Insurer shall not be entitled to exercise any of its rights hereunder so long as there exists a failure by the Insurer to make a required payment under the Policy.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Equity One Abs Inc)

Rights of the Insurer. (a) The Insurer is an express third-party beneficiary of this Agreement. (b) On each Distribution Date date the Trustee shall make available forward to the Insurer a copy of the reports made available furnished to the Class A Certificateholders and the Depositor on such Distribution Date. (c) The Trustee shall provide to the Insurer copies of any report, notice, Opinion of counselCounsel, Officers' Officer's Certificate, request for consent or request for amendment to any document related hereto promptly upon the Trustee's production or receipt thereof. (d) Unless an Insurer Default exists, the Trustee and the Depositor shall not agree to any amendment to this Agreement without first having obtained the prior written consent of the Insurer, which if such consent shall is not be unreasonably withheld. (e) So long as there does not exist a failure by the Insurer to make a required payment under the Policy, the Insurer shall have the right to exercise all rights of the Holders of the Class A Certificates under this Agreement without any consent of such Holders, and such Holders may exercise such rights only with the prior written consent of the Insurer, except as provided herein. (f) The Insurer shall not be entitled to exercise any of its rights hereunder so long as there exists a failure by the Insurer to make a required payment under the Policy.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Equity One Abs Inc)

Rights of the Insurer. (a) The Insurer is an express third-party beneficiary of this Agreement, entitled to enforce the provisions hereof as if a party hereto. (b) On each Distribution Date date the Trustee shall make available to the Insurer a copy of the reports made available furnished to the Class A Certificateholders Holders of Offered Certificates and the Depositor on such Distribution Date. (c) The Trustee shall provide to the Insurer copies of any report, notice, Opinion of counselCounsel, Officers' Officer's Certificate, request for consent or request for amendment to any document related hereto promptly upon the Trustee's production or receipt thereof. All notices, statements, reports, certificates or opinions required by this Agreement to be sent to the Holders will also be sent to the Insurer. (d) Unless an Insurer Default existsexists and for so long as the Class AV-1A Certificates remain outstanding, the Trustee and the Depositor shall not agree to any amendment to this Agreement without first having obtained the prior written consent of the Insurer, which if such consent shall is not be unreasonably withheld. (e) So By accepting its Class AV-1A Certificate, each Holder of a Class AV-1A Certificate agrees that so long as there does not exist a failure by the Insurer to make a required payment under the Policy, the Insurer shall have the right to exercise all rights of the Holders of the Class A AV-1A Certificates under this Agreement without any consent of such Holders, and such Holders may exercise such rights only with the prior written consent of the Insurer, except as provided herein. (f) The Insurer shall not be entitled to exercise any of its rights hereunder so long as there exists a failure by the Insurer to make a required payment under the Policy.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Equity One Abs Inc Mortgage Pas Th Cert Series 2002-4)

Rights of the Insurer. (a) The Insurer is an express third-party beneficiary of this Agreement. (b) On each Distribution Date the Trustee shall make available forward to the Insurer a copy of the reports made available furnished to the Class A Certificateholders and the Depositor on such Distribution Date. (c) The Trustee shall provide to the Insurer copies of any report, notice, Opinion of counselCounsel, Officers' Officer's Certificate, request for consent or request for amendment to any document related hereto promptly upon the Trustee's production or receipt thereof. (d) Unless an Insurer Default exists, the Trustee and the Depositor shall not agree to any amendment to this Agreement without first having obtained the prior written consent of the Insurer, which consent shall not be unreasonably withheld. (e) So long as there does not exist a failure by the Insurer to make a required payment under the Policy, the Insurer shall have the right to exercise all rights of the Holders of the Class A Certificates under this Agreement without any consent of such Holders, and such Holders may exercise such rights only with the prior written consent of the Insurer, except as provided herein. (f) The Insurer shall not be entitled to exercise any of its rights hereunder so long as there exists a failure by the Insurer to make a required payment under the Policy.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Impac Secured Assets Corp)

Rights of the Insurer. (a) The Insurer is an express third-party beneficiary of this Agreement. (b) On each Distribution Date the Trustee shall make available electronically to the Insurer a copy of the reports made available furnished to the Class A Certificateholders and the Depositor on such Distribution Date. (c) The Trustee shall provide to the Insurer copies of any report, notice, Opinion of counselCounsel, Officers' Officer's Certificate, request for consent or request for amendment to any document related hereto promptly upon the Trustee's production or receipt thereof. (d) Unless an Insurer Default exists, the Trustee and the Depositor shall not agree to any amendment to this Agreement without first having obtained the prior written consent of the Insurer, which consent shall not be unreasonably withheld. (e) So long as there does not exist a failure by the Insurer to make a required payment under the Policy, the Insurer shall have the right to exercise all rights of the Holders of the Class A A-5-B Certificates under this Agreement without any consent of such Holders, and such Holders may exercise such rights only with the prior written consent of the Insurer, except as provided herein. (fe) The Insurer shall not be entitled to exercise any of its rights hereunder so long as there exists a failure by the Insurer to make a required payment under the Policy.. [Signature Page Follows] 146

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Residential Asset Mortgage Products Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!