Common use of Risk Retention Clause in Contracts

Risk Retention. The Servicer, in its capacity as “sponsor” within the meaning of 17 C.F.R. Part 246 (“Regulation RR”), shall cause the Depositor to retain the “eligible horizontal residual interest” (as defined by Regulation RR (the “Retained Interest”)) on the Closing Date and the Servicer will cause the Depositor and each Affiliate of the Servicer not to sell, transfer, finance or hedge the Retained Interest in violation of Regulation RR. This Section 2.13(h) shall survive the termination of this Agreement, and any resignation by, or termination of, the Servicer. If SST is acting as Successor Servicer, with respect to the covenants set forth in Sections 2.13(d), 2.13(e) and 2.14(c), when determining whether any Material Adverse Effect has occurred with respect to any matter described in such sections, clauses (ii) and (iii) of the definition of “Material Adverse Effect” shall apply without reference to the effect of such matter on Depositor or on any Servicer (other than SST as Successor Servicer).