Common use of Split Servicing Agreements Clause in Contracts

Split Servicing Agreements. Notwithstanding anything herein or in any other Transaction Document to the contrary, the parties hereto acknowledge and agree that with respect to the Split Servicing Agreements, the Advances made by the Servicer or the Subservicer solely with respect to the Xxxxxx Subservicing Portion shall not be subject hereto or to any other Transaction Document. For the avoidance of doubt, (i) Receivables related to Xxxxxx Subservicing Portion Advances shall not be subject to the lien of the Indenture and (ii) Servicer or the Subservicer may sell Receivables related to Xxxxxx Subservicing Portion Advances to persons other than the Depositor. Servicer or the Subservicer shall (i) make and collect reimbursement for Xxxxxx Subservicing Portion Advances in connection with the terms of the related subservicing agreement and shall make and collect reimbursement for other Advances under the Split Servicing Agreements in accordance with the terms of the related Designated Servicing Agreement and (ii) shall service each Split Servicing Agreement as it relates to the Xxxxxx Subserviced Portion, and as it relates to the ResCap Acquired Portion, as if the Xxxxxx Subserviced Portion and the ResCap Acquired Portion were governed by separate Servicing Agreements, including without limitation maintaining separate custodial accounts for collections with respect to the Xxxxxx Subserviced Portion and the ResCap Acquired Portion, respectively.

Appears in 3 contracts

Samples: Indenture (Home Loan Servicing Solutions, Ltd.), Home Loan Servicing Solutions, Ltd., Home Loan Servicing Solutions, Ltd.

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Split Servicing Agreements. Notwithstanding anything herein or in any other Transaction Document to the contrary, the parties hereto acknowledge and agree that with respect to the Split Servicing Agreements, the Advances made by the Servicer OLS or the Subservicer HLSS, as applicable, solely with respect to the Xxxxxx Subservicing Portion shall not be subject hereto or to any other Transaction Document. For the avoidance of doubt, (i) Receivables related to Xxxxxx Subservicing Portion Advances shall not be subject to the lien of the Indenture and (ii) Servicer OLS or the Subservicer HLSS, as applicable, may sell Receivables related to Xxxxxx Subservicing Portion Advances to persons other than the Depositor. Servicer OLS or the Subservicer HLSS, as applicable, shall (i) make and collect reimbursement for Xxxxxx Subservicing Portion Advances in connection with the terms of the related subservicing agreement and shall make and collect reimbursement for other Advances under the Split Servicing Agreements in accordance with the terms of the related Designated Servicing Agreement and (ii) shall service each Split Servicing Agreement as it relates to the Xxxxxx Subserviced Portion, and as it relates to the ResCap Acquired Portion, as if the Xxxxxx Subserviced Portion and the ResCap Acquired Portion were governed by separate Servicing Agreements, including without limitation maintaining separate custodial accounts for collections with respect to the Xxxxxx Subserviced Portion and the ResCap Acquired Portion, respectively.

Appears in 1 contract

Samples: Receivables Pooling Agreement (Home Loan Servicing Solutions, Ltd.)

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Split Servicing Agreements. (a) Notwithstanding anything herein or in any other Transaction Document to the contrary, the parties hereto acknowledge and agree that with respect to the Split Servicing Agreements, the Advances made by OLS (prior to the Servicer respective MSR Transfer Dates) or HLSS (on and after the Subservicer respective MSR Transfer Dates) solely with respect to the Xxxxxx Subservicing Portion shall not be subject hereto or to any other Transaction Document. For the avoidance of doubt, (i) Receivables related to Xxxxxx Subservicing Portion Advances shall not be subject to the lien of the Indenture and (ii) Servicer OLS (prior to the respective MSR Transfer Dates) or HLSS (on and after the Subservicer respective MSR Transfer Dates) may sell Receivables related to Xxxxxx Subservicing Portion Advances to persons other than the Depositor. Servicer OLS (prior to the respective MSR Transfer Dates) or HLSS (on and after the Subservicer respective MSR Transfer Dates) shall (i) make and collect reimbursement for Xxxxxx Subservicing Portion Advances in connection with the terms of the related subservicing agreement and shall make and collect reimbursement for other Advances under the Split Servicing Agreements in accordance with the terms of the related Designated Servicing Agreement and (ii) shall service each Split Servicing Agreement as it relates to the Xxxxxx Subserviced Portion, and as it relates to the ResCap Acquired Portion, as if the Xxxxxx Subserviced Portion and the ResCap Acquired Portion were governed by separate Servicing Agreements, including without limitation maintaining separate custodial accounts for collections with respect to the Xxxxxx Subserviced Portion and the ResCap Acquired Portion, respectively.

Appears in 1 contract

Samples: Receivables Sale Agreement (Home Loan Servicing Solutions, Ltd.)

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