Service Transfer. (a) If an Event of Termination has occurred and is continuing and has not been waived pursuant to Section 8.02, (x) the Required Holders or (y) the Indenture Trustee may, by written notice delivered to the parties hereto, terminate all (but not less than all) of the Servicer’s management, administrative, servicing, custodial and collection functions hereunder (such termination being herein called a “Service Transfer”).
(b) Upon receipt of the notice required by Section 8.03(a) (or, if later, on a date designated therein), all rights, benefits, fees, indemnities, authority and power of the Servicer under this Agreement, whether with respect to the Contracts, the Contract Files or otherwise, shall pass to and be vested in the Indenture Trustee (the “Successor Servicer”) pursuant to and under this Section 8.03; and, without limitation, the Successor Servicer is authorized and empowered to execute and deliver on behalf of the Servicer, as attorney-in-fact or otherwise, any and all documents and other instruments, and to do any and all acts or things necessary or appropriate to effect the purposes of such notice of termination. The Servicer agrees to cooperate with the Successor Servicer in effecting the termination of the responsibilities and rights of the Servicer hereunder, including, without limitation, the transfer to the Successor Servicer for administration by it of all cash amounts which shall at the time be held by the Servicer for deposit, or have been deposited by the Servicer, in the Collection Account, or for its own account in connection with its services hereafter or thereafter received with respect to the Contracts. The Servicer shall transfer to the Successor Servicer all records held by the Servicer relating to the Contracts in such electronic form as the Successor Servicer may reasonably request and (ii) any Contract Files in the Servicer’s possession. In addition, the Servicer shall permit access to its premises (including all computer records and programs) to the Successor Servicer or its designee, and shall pay the reasonable transition expenses of the Successor Servicer. Upon a Service Transfer, the Successor Servicer shall also be entitled to receive the Monthly Servicing Fee for performing the obligations of the Servicer.
Service Transfer. The Investor acknowledges and agrees that, if required by applicable state or federal law or regulation, including but not limited to 12 CFR Part 1024.33 (Regulation X) regarding rules on service transfer, an interim period of no less than 15 days and up to 60 days may be required to ensure a compliant service transfer of the Loan(s) to Servicer. Owner and Servicer shall exert commercially reasonable efforts to minimize any such interim period.
Service Transfer. SECTION 7.01.
Service Transfer. 38 SECTION 7.01. Event of Termination.........................................38 SECTION 7.02. Transfer.....................................................38 SECTION 7.03. Trustee to Act; Appointment of Successor.....................39 SECTION 7.04. Notification to Certificateholders and to Rating Agency......40 SECTION 7.05.
Service Transfer. The Investor acknowledges and agrees that, if required by applicable state or federal law or regulation, including but not limited to 12 CFR Part 1024.33 (Regulation
Service Transfer transferring working services from us to a new provider 2. PROVIDING THE SERVICE
2.1. Midpoint Communications will provide the Service by the date agreed with the Customer. Sometimes, Midpoint Communications will agree the date following a survey of the Premises by Openreach Engineers. This survey does not necessarily constitute a site visit.
2.2. Midpoint Communications may have to occasionally interrupt the service or change codes but, in these cases, you Service will be restored as quickly as possible.
2.3. The Customer accepts that occasionally Midpoint Communications will provide instructions regarding the Service. The Customer must follow these instructions including but not limited to faults and diagnostics.
2.4. Midpoint Communications may take instructions from a person if we have a good reason to think that he or she is acting with permission from the Customer.
2.5. In some cases, Midpoint Communications will require written proof when vacating the premises in which the customer’s service is provided. Continued use of the service after the vacation of the property by any party will be deemed as acceptance.
Service Transfer. 51 SECTION 8.04. SUCCESSOR SERVICER TO ACT; APPOINTMENT OF SUCCESSOR SERVICER.............................52 SECTION 8.05.
Service Transfer. 4.1 Title and risk in the Equipment after the Term shall be determined as specified in the Services Transfer Plan.
Service Transfer. (a) If a Servicer Termination Event has occurred and is continuing, the Facility Administrator may, and at the direction of the Noteholders shall, by written notice delivered to the Servicer, terminate all (but not less than all) of the Servicer's management, administrative, servicing, custodial and collection functions (such termination being herein called a "SERVICE TRANSFER" and such terminated Servicer, being called a "PREDECESSOR SERVICER"); PROVIDED that notwithstanding anything in this Agreement to the contrary, in the event the Back-up Servicer shall become the Servicer hereunder, at any time thereafter the Back-up Servicer may resign from its duties as Servicer upon ninety (90) days written notice to the Indenture Trustee and the Facility Administrator.
(b) Upon receipt of the notice required by Section 8.2(a) (or, if later, on a date designated therein), all rights, benefits, fees, indemnities, authority and power of the Servicer under this Agreement, whether with respect to the Trust Assets or otherwise shall pass to and be vested in the Back-up Servicer (the "SUCCESSOR SERVICER") pursuant to and under this Section 8.2; and, without limitation, the Successor Servicer is authorized and empowered to execute and deliver on behalf of the Servicer, as attorney-in-fact or otherwise, any and all documents and other instruments, and to do any and all acts or things necessary or appropriate to effect the purposes of such notice of
Service Transfer transferring working Services from us to a new provider or from another provider to Midpoint.
