Common use of Servicing of Receivables Clause in Contracts

Servicing of Receivables. The servicing, administering and collection of the Receivables shall be conducted by MxXxx'x, which hereby agrees to perform, take or cause to be taken all such action as may be necessary or advisable to collect each Receivable from time to time, all in accordance with applicable laws, rules and regulations and with the care and diligence which MxXxx'x employs in servicing similar receivables for its own account, in accordance with the Credit Guidelines. With the consent of the Agent and the Purchaser, MxXxx'x may delegate certain functions to Pxxxxxxx'x, however, no such delegation shall relieve MxXxx'x of its obligations hereunder. The Purchaser hereby appoints the Servicer as its agent to enforce the Purchaser's rights and interests in, to and under the Receivables, the Related Security and the Collections with respect thereto. The Servicer shall hold in trust for the Purchaser, in accordance with its interests, all Records which evidence or relate to the Receivables or Related Security, Collections and proceeds with respect thereto. Notwithstanding anything to the contrary contained herein, from and after the occurrence of a Termination Event or a Servicer Default (each as defined in the Transfer Agreement), the Agent or Enterprise, shall have the absolute and unlimited right to terminate the MxXxx'x servicing activities described in this Section 2.2. In consideration of the foregoing, the Purchaser agrees to pay the Servicer a servicing fee of 2.00% per annum on the aggregate Out- standing Principal Balance of Receivables sold, payable monthly, for its performance of the duties and obligations described in this Section 2.2; provided that any such monthly payment shall be reduced by any amounts payable in such month by Enterprise or the Bank Investors to the Servicer, in its capacity as Servicer pursuant to the Transfer Agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Proffitts Inc), Receivables Purchase Agreement (Proffitts Inc)

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Servicing of Receivables. The servicing, administering and collection of the Receivables shall be conducted by MxXxx'xBusLease, which who hereby agrees to perform, take or cause to be taken all such action as may be necessary or advisable to collect each Receivable from time to time, all in accordance with applicable laws, rules and regulations and with the care and diligence which MxXxx'x BusLease employs in servicing similar receivables for its own account, in accordance with the Credit Guidelines. With the consent of the Agent and the Purchaser, MxXxx'x may delegate certain functions to Pxxxxxxx'x, however, no such delegation shall relieve MxXxx'x of its obligations hereunderCollection Policy. The Purchaser hereby appoints the Servicer BusLease as its agent to enforce the Purchaser's rights and interests in, to and under the Receivables, together with the Related Security Leased Vehicles and the Collections with respect thereto. The Servicer shall hold in trust for the Purchaser, in accordance with its interests, all Records which evidence or relate to the Receivables or Related Security, Collections and proceeds with respect thereto. Notwithstanding anything to the contrary contained herein, from and after the occurrence of a Servicer Termination Event or a Servicer Default (each as defined in the Transfer Agreement)Event, the Agent Purchaser shall, at the request of SPARC, the Secondary Purchaser or Enterprisethe Administrative Agent, shall have the absolute and unlimited right to terminate the MxXxx'x BusLease servicing activities described in this Section 2.22.2 and shall appoint a successor Servicer acceptable to or as directed by SPARC, the Secondary Purchaser or the Administrative Agent, as applicable. In consideration of the foregoing, the Purchaser agrees to pay the Servicer BusLease a servicing fee of 2.00% [**] percent ([**]%) per annum on the aggregate Out- standing Principal Balance amount of Receivables sold, payable monthly, for its performance of the duties and obligations described in this Section 2.2.; provided PROVIDED that any such monthly payment shall be reduced by any amounts payable in such month by Enterprise to BusLease in accordance with Section 2.03(c)(ii) of the Receivables Purchase Agreement or the Bank Investors Secondary Purchase Agreement, as applicable. The obligations of BusLease hereunder in the administration, servicing and collection of Receivables may be delegated from time to the Servicer, in time by BusLease to any of its capacity as Servicer pursuant to the Transfer Agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]Affiliates; PROVIDED that no such delegation of duties shall relieve BusLease of any of its duties and obligations hereunder.

Appears in 1 contract

Samples: Receivables Sale Agreement (Motor Coach Industries International Inc)

Servicing of Receivables. The servicing, administering and collection of the Receivables shall be conducted by MxXxx'xthe Seller, which who hereby agrees to perform, take or cause to be taken all such action as may be necessary or advisable to collect each Receivable from time to time, all in accordance with applicable laws, rules and regulations and with the care and diligence which MxXxx'x the Seller employs in servicing similar receivables for its own account, in accordance with the Credit Guidelines. With the consent of the Agent and the Purchaser, MxXxx'x may delegate certain functions to Pxxxxxxx'x, however, no such delegation shall relieve MxXxx'x of its obligations hereunderCollection Policy. The Purchaser hereby appoints the Servicer Seller as its agent to enforce the Purchaser's rights and interests in, to and under the Receivables, together with the Related Security Leased Vehicles and the Collections with respect thereto. The Servicer shall hold in trust for the Purchaser, in accordance with its interests, all Records which evidence or relate to the Receivables or Related Security, Collections and proceeds with respect thereto. Notwithstanding anything to the contrary contained herein, from and after the occurrence of a Servicer Termination Event or a Servicer Default (each as defined in the Transfer Agreement)Event, the Agent Purchaser shall, at the request of SPARC, the Secondary Purchaser or Enterprisethe Administrative Agent, shall have the absolute and unlimited right to terminate the MxXxx'x Seller's servicing activities described in this Section 2.22.2 and shall appoint a successor Servicer acceptable to or as directed by SPARC, the Secondary Purchaser or the Administrative Agent, as applicable. In consideration of the foregoing, the Purchaser agrees to pay the Servicer Seller a servicing fee of 2.00% [**] percent ([**]%) per annum on the aggregate Out- standing Principal Balance amount of Receivables sold, payable monthly, for its performance of the duties and obligations described in this Section 2.2.; provided PROVIDED that any such monthly payment shall be reduced by any amounts payable in such month by Enterprise to the Seller in accordance with Section 2.03(c)(ii) of the Receivables Purchase Agreement or the Bank Investors Secondary Purchase Agreement, as applicable. The obligations of the Seller hereunder in the administration, servicing and collection of Receivables may be delegated from time to time by the Servicer, in Seller to any of its capacity as Servicer pursuant to Affiliates; PROVIDED that no such delegation of duties shall relieve the Transfer Agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]Seller of any of its duties and obligations hereunder.

Appears in 1 contract

Samples: Receivables Sale Agreement (Motor Coach Industries International Inc)

Servicing of Receivables. The servicing, administering admin- istering and collection of the Receivables shall be conducted by MxXxx'x, which hereby agrees to perform, take or cause to be taken all such action as may be necessary or advisable to collect each Receivable from time to time, all in accordance with applicable laws, rules and regulations and with the care and diligence which MxXxx'x employs in servicing similar receivables for its own account, in accordance with the Credit Guidelines. With the consent of the Agent and the Purchaser, MxXxx'x may delegate certain servicing functions to Pxxxxxxx'xParisian, Inc., however, no such delegation shall relieve MxXxx'x of its obligations hereunder. The Purchaser hereby appoints the Servicer as its agent to enforce the Purchaser's rights and interests in, to and under the Receivables, the Related Security and the Collections with respect thereto. The Servicer shall hold in trust for the Purchaser, in accordance accor- dance with its interests, all Records which evidence or relate to the Receivables or Related Security, Collections and proceeds with respect thereto. Notwithstanding anything to the contrary contained herein, from and after the occurrence of a Termination Event, a Parisian Termination Event or a Servicer Default (each as defined in the Transfer Agreement), the Agent or Enterprise, shall have the absolute and unlimited unlim- ited right to terminate the MxXxx'x servicing activities described in this Section 2.2 (including therein the activities of any Person to whom MxXxx'x has delegated servicing functions pursuant to this Section 2.2). In consideration of the foregoing, the Purchaser agrees to pay the Servicer a servicing fee of 2.00% per annum on the aggregate Out- standing Outstanding Principal Balance of Receivables sold, payable monthly, for its performance perfor- mxxxx of the duties and obligations described in this Section 2.2; provided that any such monthly payment shall be reduced by any amounts payable in such month by Enterprise or the Bank Investors to the Servicer, in its capacity as Servicer pursuant to the Transfer AgreementAgree- ment. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

Appears in 1 contract

Samples: Receivables Purchase Agreement (Proffitts Inc)

Servicing of Receivables. In connection with the ------------------------ consummation of the sales provided for in this Agreement, Seller hereby assigns and transfers to Purchaser and Purchaser's assignees all of Seller's right, title and interest in and to each Lock-Box Account, and Purchaser relinquishes all power to transfer, possess and control the Lock-Box Accounts and the contents thereof (except any powers with respect to the Lock-Box Accounts and contents thereof that are granted to Purchaser in its capacity as Collection Agent). The servicing, administering and collection of the Receivables shall be conducted by MxXxx'x, which the Seller for the benefit of the Purchaser and its assignees. The Seller hereby agrees to perform, take or cause to be taken all such action as may be necessary or advisable to collect each Receivable from time to time, all in accordance with applicable laws, rules and regulations and with the care and diligence which MxXxx'x the Seller employs in servicing similar receivables for its own account, in accordance with the Credit Guidelines. With the consent of the Agent and the Purchaser, MxXxx'x may delegate certain functions to Pxxxxxxx'x, however, no such delegation shall relieve MxXxx'x of its obligations hereunderCollection Policy. The Purchaser hereby appoints the Servicer Seller as its agent to enforce the Purchaser's rights and interests in, to and under the Receivables, the Related Security and the Collections with respect thereto. The Servicer Seller shall hold in trust for the Purchaser, in accordance with its interests, Purchaser all Records which evidence or relate to the Receivables or Related Security, Collections and proceeds Proceeds with respect thereto. Notwithstanding anything to the contrary contained herein, from and after the occurrence of a Termination Event (or a Servicer Default (each Potential Termination Event that will unavoidably lead to a Termination Event and that has a material adverse effect on the ability of the Seller, as defined in Collection Agent under the Receivables Transfer Agreement), to perform its servicing obligations under the Agent or EnterpriseReceivables Transfer Agreement) the Funding Agent, on behalf of PARCO and the APA Banks and in its capacity as the agent for the assignees of the Purchaser under the Receivables Transfer Agreement, shall have the absolute and unlimited right to terminate the MxXxx'x Seller's servicing activities described in this Section 2.2. In consideration of the foregoing, the Purchaser agrees to pay the Servicer Seller a servicing fee of 2.00% one percent (1%) per annum on the aggregate Out- standing Principal Balance amount of Receivables sold, payable monthly, for its performance of the duties and obligations described in this Section 2.2.; provided that any such monthly payment shall be reduced by any -------- amounts payable in such month by Enterprise PARCO or the Bank Investors APA Banks to the ServicerSeller, in its capacity as Servicer Collection Agent pursuant to the Receivables Transfer Agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]The obligations of the Seller hereunder in the administration, servicing and collection of Receivables may be delegated from time to time by the Seller to any of its Affiliates; provided that no such delegation of duties -------- shall relieve the Seller of any of its duties and obligations hereunder.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Medpartners Inc)

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Servicing of Receivables. (a) The servicing, administering and collection of the Receivables shall be conducted by MxXxx'xthe Seller, which who hereby agrees to perform, take or cause to be taken all such action as may be necessary or advisable to collect each Receivable from time to time, all in accordance with applicable laws, rules and regulations and with the care and diligence which MxXxx'x the Seller employs in servicing similar receivables for its own account, in accordance with the Credit Guidelines. With the consent of the Agent and the Purchaser, MxXxx'x may delegate certain functions to Pxxxxxxx'x, however, no such delegation shall relieve MxXxx'x of its obligations hereunderPolicy. The Purchaser hereby appoints the Servicer Seller as its agent to enforce the Purchaser's rights and interests in, to and under the Receivables, the Related Security Residual Receivable Interest and the Collections with respect thereto. The Servicer Seller shall hold in trust for the Purchaser, in accordance with its interests, all Records which evidence or relate to the Receivables or Related SecurityResidual Receivable Interest, Collections and proceeds with respect thereto. Notwithstanding anything to the contrary contained herein, the Purchaser at any time and, from and after the occurrence of a Termination Event or a Servicer Default (each Event, Blue Ridge, as defined in the Transfer Agreement), the Agent or EnterprisePurchaser's assignee hereof, shall have the absolute and unlimited right to terminate the MxXxx'x Seller's servicing activities described in this Section 2.2. In consideration of the foregoing, the Purchaser agrees to pay the Servicer Seller a servicing fee of 2.000.50% per annum on the aggregate Out- standing Principal Balance amount of Receivables sold, payable monthly, for its performance of the duties and obligations described in this Section 2.2; provided that any such monthly payment shall be reduced by any amounts payable in such month by Enterprise or the Bank Investors Blue Ridge to the ServicerSeller, in its capacity as Servicer Collection Agent, or to a third party successor Collection Agent, pursuant to the Transfer Agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK].

Appears in 1 contract

Samples: Receivables Purchase Agreement (Georgia Gulf Corp /De/)

Servicing of Receivables. The servicing, administering and collection of the Receivables shall be conducted by MxXxx'xBusLease, which who hereby agrees to perform, take or cause to be taken all such action as may be necessary or advisable to collect each Receivable from time to time, all in accordance with applicable laws, rules and regulations and with the care and diligence which MxXxx'x BusLease employs in servicing similar receivables for its own account, in accordance with the Credit Guidelines. With the consent of the Agent and the Purchaser, MxXxx'x may delegate certain functions to Pxxxxxxx'x, however, no such delegation shall relieve MxXxx'x of its obligations hereunderCollection Policy. The Purchaser hereby appoints the Servicer BusLease as its agent to enforce the Purchaser's rights and interests in, to and under the Receivables, together with the Related Security Leased Vehicles and the Collections with respect thereto. The Servicer shall hold in trust for the Purchaser, in accordance with its interests, all Records which evidence or relate to the Receivables or Related Security, Collections and proceeds with respect thereto. Notwithstanding anything to the contrary contained herein, from and after the occurrence of a Servicer Termination Event or a Servicer Default (each as defined in the Transfer Agreement)Event, the Agent Purchaser shall, at the request of SPARC, the Secondary Purchaser or Enterprisethe Administrative Agent, shall have the absolute and unlimited right to terminate the MxXxx'x BusLease servicing activities described in this Section 2.22.2 and shall appoint a successor Servicer acceptable to or as directed by SPARC, the Secondary Purchaser or the Administrative Agent, as applicable. In consideration of the foregoing, the Purchaser agrees to pay the Servicer BusLease a servicing fee of 2.00% [**] percent ([**]%) per annum on the aggregate Out- standing Principal Balance amount of Receivables sold, payable monthly, for its performance of the duties and obligations described in this Section 2.2; provided PROVIDED that any such monthly payment shall be reduced by any amounts payable in such month by Enterprise to BusLease in accordance with Section 2.03(c)(ii) of the Receivables Purchase Agreement or the Bank Investors Secondary Purchase Agreement, as applicable. The obligations of BusLease hereunder in the administration, servicing and collection of Receivables may be delegated from time to the Servicer, in time by BusLease to any of its capacity as Servicer pursuant to the Transfer Agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]Affiliates; PROVIDED that no such delegation of duties shall relieve BusLease of any of its duties and obligations hereunder.

Appears in 1 contract

Samples: Receivables Sale Agreement (Motor Coach Industries International Inc)

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