Subservicing. The Company shall not hire or otherwise utilize a subservicer or other subcontractor hereunder, or permit any subservicer or subcontractor to itself utilize the services of any subservicer or subcontractor, without the prior written consent of the Purchaser and its designee. Any such subservicer must agree in writing to comply with the provisions of Sections 6.04, 6.05, 6.08 and the fifth paragraph of Section 7.01 to the same extent as if such subservicer were the Company, and with this Section 6.09 and to provide such information relating to such subservicer as the Purchaser or its designee may request from time to time in order to permit the Purchaser or its designee to comply with Regulation AB in connection with any Securitization Transfer. Any subcontractor that performs any of the functions identified in Item 1122(d) of Regulation AB must agree in writing that, if the Purchaser determines that such subcontractor was “participating in the servicing function” within the meaning of Item 1122, such subcontractor will comply with the provisions of Sections 6.05 and 6.08 to the same extent as if such subcontractor were the Company.
Appears in 6 contracts
Samples: Seller’s Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2006-4), Seller’s Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2006-8), Seller’s Warranties and Servicing Agreement (Lehman XS Trust Series 2006-16n)
Subservicing. The Company shall not hire or otherwise utilize a subservicer or other subcontractor hereunder, or permit any subservicer or subcontractor to itself utilize the services of any subservicer or subcontractor, without the prior written consent of the Purchaser and its designee. Any such subservicer must agree in writing to comply with the provisions of Sections 6.04, 6.05, 6.08 and the fifth sixth paragraph of Section 7.01 to the same extent as if such subservicer were the Company, and with this Section 6.09 and to provide such information relating to such subservicer as the Purchaser or its designee may request from time to time in order to permit the Purchaser or its designee to comply with Regulation AB in connection with any Securitization Transfer. Any subcontractor that performs any of the functions identified in Item 1122(d) of Regulation AB must agree in writing that, if the Purchaser determines that such subcontractor was “participating in the servicing function” within the meaning of Item 1122, such subcontractor will comply with the provisions of Sections 6.05 and 6.08 to the same extent as if such subcontractor were the Company.
Section 7.01 of the Existing Purchase Agreement is hereby amended by deleting the existing section in its entirety and replacing it with the following language:
Appears in 5 contracts
Samples: Servicing Agreement (Lehman Mortgage Trust 2007-2), Servicing Agreement (Lehman Mortgage Trust 2007-4), Seller’s Warranties and Servicing Agreement (Lehman XS Trust Series 2006-12n)
Subservicing. The Company shall not hire or otherwise utilize a subservicer or other subcontractor hereunder, or permit any subservicer or subcontractor to itself utilize the services of any subservicer or subcontractor, without the prior written consent of the Purchaser and its designee. Any such subservicer must agree in writing to comply with the provisions of Sections 6.04, 6.05, 6.08 and the fifth paragraph of Section 7.01 to the same extent as if such subservicer were the Company, and with this Section 6.09 and to provide such information relating to such subservicer as the Purchaser or its designee may request from time to time in order to permit the Purchaser or its designee to comply with Regulation AB in connection with any Securitization Transfer. Any subcontractor that performs any of the functions identified in Item 1122(d) of Regulation AB must agree in writing that, if the Purchaser determines that such subcontractor was “"participating in the servicing function” " within the meaning of Item 1122, such subcontractor will comply with the provisions of Sections 6.05 and 6.08 to the same extent as if such subcontractor were the Company.
Appears in 4 contracts
Samples: Seller's Warranties and Servicing Agreement (Lehman XS Trust Series 2005-5n), Seller's Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2005-7n), Seller's Warranties and Servicing Agreement (Lehman Xs Trust Series 2006-2n)
Subservicing. The Company shall not hire or otherwise utilize a subservicer or other subcontractor hereunder, or permit any subservicer or subcontractor to itself utilize the services of any subservicer or subcontractor, without the prior written consent of the Purchaser and its designee. Any such subservicer must agree in writing to comply with the provisions of Sections 6.04, 6.05, 6.08 and the fifth sixth paragraph of Section 7.01 to the same extent as if such subservicer were the Company, and with this Section 6.09 and to provide such information relating to such subservicer as the Purchaser or its designee may request from time to time in order to permit the Purchaser or its designee to comply with Regulation AB in connection with any Securitization Transfer. Any subcontractor that performs any of the functions identified in Item 1122(d) of Regulation AB must agree in writing that, if the Purchaser determines that such subcontractor was “participating in the servicing function” within the meaning of Item 1122, such subcontractor will comply with the provisions of Sections 6.05 and 6.08 to the same extent as if such subcontractor were the Company.
(n) Section 7.01 of the Existing Purchase Agreement is hereby amended by deleting the existing section in its entirety and replacing it with the following language:
Appears in 2 contracts
Samples: Servicing Agreement (Lehman XS Trust 2007-1), Servicing Agreement (LXS 2007-3)
Subservicing. The Company Servicer shall not hire or otherwise utilize a subservicer or other subcontractor hereunder, or permit any subservicer or subcontractor to itself utilize the services of any subservicer or subcontractor, without the prior written consent of the Purchaser and its designee. Any such subservicer must agree in writing to comply with the provisions of Sections 6.0411.21, 6.05, 6.08 11.22 and the fifth paragraph of Section 7.01 11.28 to the same extent as if such subservicer were the Company, Seller and with this Section 6.09 11.30 and to provide such information relating to such subservicer as the Purchaser or its designee may request from time to time in order to permit the Purchaser or its designee to comply with Regulation AB in connection with any Securitization Transfer. Any subcontractor that performs any of the functions identified in Item 1122(d) of Regulation AB must agree in writing that, if the Purchaser determines that such subcontractor was “participating in the servicing function” within the meaning of Item 1122, such subcontractor will comply with the provisions of Sections 6.05 11.21, 11.22 and 6.08 11.26 to the same extent as if such subcontractor were the CompanyServicer.
Appears in 1 contract
Samples: Mortgage Loan Sale and Interim Servicing Agreement (Jpmac 2006-Fre2)