Common use of Subservicer Not to Resign Clause in Contracts

Subservicer Not to Resign. The Subservicer shall not resign from the obligations and duties 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. 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 Purchaser 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 9.9.

Appears in 2 contracts

Samples: Sale and Subservicing Agreement (Coastal Physician Group Inc), Sale and Subservicing Agreement (Coastal Physician Group Inc)

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Subservicer Not to Resign. The Subservicer shall not resign from the obligations and duties 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. 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 Purchaser 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 9.97.9.

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 obligations and duties 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. 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 Purchaser and the Servicer. No such resignation shall become effective until the earlier of the date required by applicable law or the Servicer shall have assumed the responsibilities and obligations of the Subservicer in accordance with Section 9.97.9.

Appears in 1 contract

Samples: Sale and Subservicing Agreement (Tender Loving Care Health Care Services Inc/ Ny)

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Subservicer Not to Resign. The Subservicer shall not assign this Agreement or resign from the obligations and duties hereby imposed on it except by mutual consent of the Subservicer and the Company or upon the determination that (a) the performance of its duties hereunder has become impermissible are no longer permissible under applicable law and (b) there is no reasonable action which such incapacity cannot be cured by the Subservicer could take to make the performance of its duties hereunder permissible under applicable lawSubservicer. Any such determination permitting the resignation of the Subservicer shall be evidenced as to clause (a) above by an opinion Opinion of counsel Counsel to such effect delivered to the Purchaser Company which Opinion of Counsel shall be in form and substance reasonably acceptable to the ServicerCompany. No such resignation shall become effective until the Servicer a successor shall have assumed the Subservicer’s responsibilities and obligations of hereunder in the Subservicer manner provided in accordance with Section 9.911.01.

Appears in 1 contract

Samples: Subservicing Agreement (MortgageIT Mortgage Loan Trust 2006-1)

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