Common use of Servicer Not to Resign or Be Removed Clause in Contracts

Servicer Not to Resign or Be Removed. The Servicer shall not resign from the servicing obligations and duties hereby imposed on it except in connection with an assignment permitted by Section 11.02 hereof or upon determination that such duties hereunder are no longer permissible under applicable law. Any such determination permitting the resignation of the Servicer shall be evidenced by an opinion of independent counsel, in form and substance satisfactory to the Noteholders evidencing more than 50% of the Voting Rights, to such effect delivered to the Trustee. Except as provided in Section 10.02 hereof, the Servicer shall not be removed or be replaced as Servicer with respect to any Contract or Equipment; PROVIDED, HOWEVER, that upon the occurrence of any Amortization Event, Noteholders evidencing not less than 66-2/3% of the Voting Rights shall have the right to replace DVI as Servicer with a successor Servicer in accordance with Section 10.02 hereof. No resignation or removal of the Servicer shall in any event (i) become effective until the successor Servicer shall have assumed the Servicer's servicing responsibilities and obligations in accordance with Section 10.02 hereof, or (ii) affect the Contributor's obligations pursuant to this Agreement.

Servicer Not to Resign or Be Removed. The Servicer shall not resign from the servicing obligations and duties hereby imposed on it except in connection with an assignment permitted by Section 11.02 hereof or upon determination that such duties hereunder are no longer permissible under applicable law. Any such determination permitting the resignation of the Servicer shall be evidenced by an opinion of independent counselcounsel to the Servicer, in form and substance satisfactory to the Noteholders evidencing more than 50% of Insurer (so long as the Voting RightsPolicy is outstanding) or the Trustee (if the Policy is not outstanding), to such effect delivered to the TrusteeTrustee and the Insurer with a copy to each Rating Agency. Except as provided in Section 10.02 hereof, the Servicer shall not be removed or be replaced as Servicer with respect to any Contract Lease or Equipment; PROVIDED, HOWEVER, that upon the occurrence of any Amortization Event, Noteholders evidencing not less than 66-2/3% of the Voting Rights shall have the right to replace DVI as Servicer with a successor Servicer in accordance with Section 10.02 hereofEquipment. No resignation or removal of the Servicer shall in any event (i) become effective until the Trustee or a successor Servicer servicer shall have assumed the Servicer's servicing responsibilities and obligations in accordance with Section 10.02 hereof, or (ii) affect the ContributorOriginator's obligations pursuant to this AgreementSection 5 hereof.

Servicer Not to Resign or Be Removed. The Servicer shall not resign from the servicing obligations and duties hereby imposed on it except in connection with an assignment permitted by Section 11.02 hereof or upon determination that such duties hereunder are no longer permissible under applicable law. Any such determination permitting the resignation of the Servicer shall be evidenced by an opinion of independent counsel, in form and substance satisfactory to the Noteholders evidencing more than 50% of the Voting Rights, to such effect delivered to the Trustee. Except as provided in Section 10.02 hereof, the Servicer shall not be removed or be replaced as Servicer with respect to any Contract or Equipment; PROVIDEDprovided, HOWEVERhowever, that upon the occurrence of any Amortization Event, Noteholders evidencing not less than 66-2/3% of the Voting Rights shall have the right to replace DVI as Servicer with a successor Servicer in accordance with Section 10.02 hereof. No resignation or removal of the Servicer shall in any event (i) become effective until the successor Servicer shall have assumed the Servicer's servicing responsibilities and obligations in accordance with Section 10.02 hereof, or (ii) affect the Contributor's obligations pursuant to this Agreement.

Servicer Not to Resign or Be Removed. The Servicer shall not resign from the servicing obligations and duties hereby imposed on it except in connection with an assignment permitted by Section 11.02 hereof or upon determination that such duties hereunder are no longer permissible under applicable law. Any such determination permitting the resignation of the Servicer shall be evidenced by an opinion of independent counselcounsel to the Servicer, in form and substance satisfactory to [the Noteholders evidencing more than 50% of Insurer (so long as the Voting RightsPolicy is outstanding) or] the Trustee [(if the Policy is not outstanding)], to such effect delivered to the TrusteeTrustee [and the Insurer] with a copy to each Rating Agency. Except as provided in Section 10.02 hereof, the Servicer shall not be removed or be replaced as Servicer with respect to any Contract Lease or Equipment; PROVIDED, HOWEVER, that upon the occurrence of any Amortization Event, Noteholders evidencing not less than 66-2/3% of the Voting Rights shall have the right to replace DVI as Servicer with a successor Servicer in accordance with Section 10.02 hereofEquipment. No resignation or removal of the Servicer shall in any event (i) become effective until the Trustee or a successor Servicer servicer shall have assumed the Servicer's servicing responsibilities and obligations in accordance with Section 10.02 hereof, or (ii) affect the ContributorOriginator's obligations pursuant to this AgreementSection 5 hereof.

Servicer Not to Resign or Be Removed. The Servicer shall not resign from the servicing obligations and duties hereby imposed on it except in connection with an assignment permitted by Section 11.02 hereof or upon determination that such duties hereunder are no longer permissible under applicable law. Any such determination permitting the resignation of the Servicer shall be evidenced by an opinion of independent counsel, in form and substance satisfactory to the Noteholders Securityholders evidencing more than 50% of the Voting Rights, to such effect delivered to the Trustee. Except as provided in Section 10.02 hereof, the Servicer shall not be removed or be replaced as Servicer with respect to any Contract or Equipment; PROVIDED, HOWEVER, that upon the occurrence of any Amortization Event, Noteholders Securityholders evidencing not less than 66-2/3% of the Voting Rights shall have the right to replace DVI as Servicer with a successor Servicer in accordance with Section 10.02 hereof. No resignation or removal of the Servicer shall in any event (i) become effective until the successor Servicer shall have assumed the Servicer's servicing responsibilities and obligations in accordance with Section 10.02 hereof, or (ii) affect the Contributor's obligations pursuant to this Agreement.

Servicer Not to Resign or Be Removed. The Servicer shall not resign from the servicing obligations and duties hereby imposed on it except in connection with an assignment permitted by Section 11.02 hereof or upon determination that such duties hereunder are no longer permissible under applicable law. Any such determination permitting the resignation of the Servicer shall be evidenced by an opinion of independent counselcounsel to the Servicer, in form and substance satisfactory to the Noteholders evidencing more than 50% of Insurer (so long as the Voting RightsPolicy is outstanding) or the Trustee (if the Policy is not outstanding), to such effect delivered to the TrusteeTrustee and the Insurer with a copy to each Rating Agency. Except as provided in Section 10.02 hereof, the Servicer shall not be removed or be replaced as Servicer with respect to any Contract Lease or Equipment; PROVIDED, HOWEVER, that upon the occurrence of any Amortization Event, Noteholders evidencing not less than 66-2/3% of the Voting Rights shall have the right to replace DVI as Servicer with a successor Servicer in accordance with Section 10.02 hereofEquipment. No resignation or removal of the Servicer shall in any event (i) become effective until the Trustee or a successor Servicer servicer shall have assumed the Servicer's servicing responsibilities and obligations in accordance with Section 10.02 10.03 hereof, or (ii) affect the ContributorOriginator's obligations pursuant to this AgreementSection 5 hereof.