Subservicer Not to Resign. The Subservicer shall not resign from the duties and responsibilities hereunder except upon determination that (a) the performance of its duties hereunder has become impermissible under applicable law and (b) there is no reasonable action which the Subservicer could take to make the performance of its duties hereunder permissible under applicable law evidenced as to clause (a) above by an opinion of counsel to such effect delivered to the Purchaser.
Appears in 10 contracts
Samples: Receivables Sale Agreement (Vsi Enterprises Inc), Receivables Sale Agreement (Mpower Holding Corp), Receivables Sale Agreement (Ari Network Services Inc /Wi)
Subservicer Not to Resign. The Subservicer shall not resign from the duties and responsibilities hereunder except upon Purchaser’s or Master Servicer’s determination that (a) the performance of its Subservicer’s duties hereunder has become impermissible under applicable law and (b) there is no reasonable action which the Subservicer could take to make the performance of its duties hereunder permissible under applicable law evidenced as to clause (a) above by an opinion of counsel to such effect delivered to the Purchaser.
Appears in 5 contracts
Samples: Factoring and Security Agreement, Receivables Sales Agreement (Trinsic, Inc.), Factoring and Security Agreement (Cordia Corp)
Subservicer Not to Resign. The Subservicer shall not resign from the obligations and duties and responsibilities hereunder hereby imposed on it except upon determination that (a) the performance of its duties hereunder has become impermissible under applicable law and (b) there is no reasonable action which the Subservicer could take to make the performance of its duties hereunder permissible under applicable law law. Any such determination permitting the resignation of the Subservicer shall be evidenced as to clause (a) above by an opinion of counsel to such effect delivered to the PurchaserPurchaser and the Servicer. No such resignation shall become effective until the Servicer shall have assumed the responsibilities and obligations of the Subservicer in accordance with Section 7.9.
Appears in 2 contracts
Samples: Sale and Subservicing Agreement (Coastal Physician Group Inc), Sale and Subservicing Agreement (Coastal Physician Group Inc)
Subservicer Not to Resign. The Subservicer shall not resign from the duties and responsibilities hereunder except upon determination that (a) the performance of its duties hereunder has become impermissible under applicable law and (b) there is no reasonable action which the Subservicer could take to make the performance of its duties hereunder permissible under applicable law evidenced as to clause (a) above by an opinion of counsel to such effect delivered to the Purchaser.Subservicer
Appears in 1 contract
Samples: Receivables Sale Agreement (Z Tel Technologies Inc)
Subservicer Not to Resign. The Subservicer shall not -------------------------- resign from the duties and responsibilities hereunder except upon determination that (a) the performance of its duties hereunder has become impermissible under applicable law and (b) there is no reasonable action which the Subservicer could take to make the performance of its duties hereunder permissible under applicable law evidenced as to clause (a) above by an opinion of counsel to such effect delivered to the Purchaser.
Appears in 1 contract
Samples: Receivables Sale Agreement (Avery Communications Inc)