Common use of Servicer to Pay Trustee's Fees and Expenses Clause in Contracts

Servicer to Pay Trustee's Fees and Expenses. Servicer shall pay to Trustee from time to time, and Trustee shall be entitled to receive, reasonable compensation (which shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust) for all services rendered by it in the execution of the Trust hereby created and in the exercise and performance of any of the powers and duties hereunder of Trustee, and, subject to Section 8.4, Servicer will pay or reimburse Trustee (without reimbursement from any Investor Account, any Series Account or otherwise) upon its request for all reasonable expenses, disbursements and advances incurred or made by Trustee in accordance with any of the provisions of this Agreement or any Credit Enhancement except any such expense, disbursement or advance as may arise from its own negligence or bad faith and except as provided in the following sentence. If Trustee is appointed Successor Servicer pursuant to Section 10.2, and subject to the provisions of Section 10.2 the provisions of this Section 11.5 shall not apply to expenses, disbursements and advances made or incurred by Trustee in its capacity as Successor Servicer. The obligations of Servicer under this Section 11.5 shall survive the termination of the Trust and the resignation or removal of Trustee.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (First National Bank of Commerce), Pooling and Servicing Agreement (First National Bank of Commerce)

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Servicer to Pay Trustee's Fees and Expenses. Servicer shall pay to Trustee from time to time, and Trustee shall be entitled to receive, reasonable compensation (which shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust) for all services rendered by it in the execution of the Trust hereby created and in the exercise and performance of any of the powers and duties hereunder of Trustee, and, subject to Section 8.4, Servicer will pay or reimburse Trustee (without reimbursement from any Investor Account, any Series Account or otherwise) upon its request for all reasonable expenses, disbursements and advances incurred or made by Trustee in accordance with any of the provisions of this Agreement or any Credit Enhancement except any such expense, disbursement or advance as may arise from its own negligence or bad faith and except as provided in the following sentence. If Trustee is appointed Successor Servicer pursuant to Section 10.2, and subject to the provisions of Section 10.2 the provisions of this Section 11.5 shall not apply to expenses, disbursements and advances made or incurred by Trustee in its capacity as Successor Servicer. The obligations of Servicer under this Section 11.5 shall survive the termination of the Trust and the resignation or removal of Trustee.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (First National Bank of Commerce), Pooling and Servicing Agreement (Mellon Bank Premium Finance Master Trust)

Servicer to Pay Trustee's Fees and Expenses. The Servicer shall covenants and agrees to pay to the Trustee from time to time, and the Trustee shall be entitled to receive, reasonable compensation (which shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust) for all services rendered by it in the execution of the Trust trust hereby created and in the exercise and performance of any of the powers and duties hereunder of the Trustee, and, subject to Section 8.4, and the Servicer will pay or reimburse the Trustee (without reimbursement from any Investor Account, any Series the Collection Account or otherwise, except as provided in Section 3.02) upon its request for all reasonable expenses, expenses and disbursements and advances incurred or made by the Trustee (including the fees and expenses of Trustee's counsel) in accordance with any of the provisions of this Agreement or any Credit Enhancement except any such expense, expense or disbursement or advance as may arise from its own negligence or bad faith and except as provided in the following sentence. If the Trustee is appointed Successor Servicer pursuant to Section 10.210.02, and subject to the provisions of Section 10.2 the provisions of this Section 11.5 11.05 shall not apply to expenses, expenses or disbursements and advances made or incurred by the Trustee in its capacity as Successor Servicer. The obligations of Servicer the Transferor under this Section 11.5 11.05 shall survive the termination of the Trust and the resignation or removal of the Trustee.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Nextcard Inc)

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Servicer to Pay Trustee's Fees and Expenses. Servicer shall ------------------------------------------- covenants and agrees to pay to the Trustee from time to time, and the Trustee shall be entitled to receive, reasonable compensation (which shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust) for all services rendered by it in the execution of the Trust hereby created and in the exercise and performance of any of the powers and duties hereunder of the Trustee, and, subject to Section 8.4, Servicer will pay or reimburse the Trustee (without ----------- reimbursement from any Investor Account, any Series Account or otherwise) upon its request for all reasonable expenses, disbursements and advances incurred or made by the Trustee in accordance with any of the provisions of this Agreement or any Credit Enhancement (including the reasonable fees and expenses of its agents and counsel) except any such expense, disbursement or advance as may arise from its own negligence or bad faith and except as provided in the following sentence. If the Trustee is appointed Successor Servicer pursuant to Section 10.2, and subject to the provisions of Section 10.2 ------------ the provisions of this Section 11.5 shall not apply to expenses, ------------ disbursements and advances made or incurred by the Trustee in its capacity as Successor Servicer. The obligations of Servicer under this Section 11.5 shall survive the ------------ termination of the Trust and the resignation or removal of the Trustee.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Spiegel Inc)

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