Common use of Successor Servicer and Administrator Clause in Contracts

Successor Servicer and Administrator. The Administrator shall undertake, as promptly as possible after the giving of notice of termination to the Servicer of the Servicer's rights and powers pursuant to Section 8.2 of the Sale and Servicing Agreement, to enforce the provisions of Section 8.2 with respect to the appointment of a successor Servicer. Such successor Servicer shall, upon compliance with the last sentence of Section 8.2 of the Sale and Servicing Agreement, become the successor Administrator hereunder; provided, however, that if the Indenture Trustee shall become such successor Administrator, the Indenture Trustee shall not be required to perform any obligations or duties or conduct any activities as successor Administrator that would be prohibited by law and not within the banking and trust powers of the Indenture Trustee. In such event, the Indenture Trustee may appoint a sub-administrator to perform such obligations and duties.

Appears in 24 contracts

Samples: Administration Agreement (Mmca Auto Owner Trust 2002-4), Administration Agreement (Mmca Auto Receivables Trust), Administration Agreement (Mmca Auto Owner Trust 2001-3)

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Successor Servicer and Administrator. The Administrator shall undertake, as promptly as possible after the giving of notice of termination to the Servicer of the Servicer's rights and powers pursuant to Section 8.2 of the Sale and Servicing Agreement, to enforce the provisions of Section 8.2 with respect to the appointment of a successor Servicer. Such successor Servicer shall, upon compliance with the last sentence of Section 8.2 of the Sale and Servicing Agreement, become the successor Administrator hereunder; provided, however, that if the Indenture Trustee shall become such successor Administrator, the Indenture Trustee shall not be required to perform any obligations or duties or conduct any activities as successor Administrator that would be prohibited by law and not within the banking and trust powers of the Indenture Trustee. In such event, the Indenture Trustee may appoint a sub-administrator to perform such obligations and duties. 21.

Appears in 3 contracts

Samples: Administration Agreement (Mmca Auto Receivables Inc), Administration Agreement (Mmca Auto Receivables Inc), Administration Agreement (Mmca Auto Receivables Inc)

Successor Servicer and Administrator. The Administrator shall undertake, as promptly as possible after the giving of notice of termination to the Servicer of the Servicer's rights and powers pursuant to Section 8.2 8.02 of the Sale and Servicing Agreement, to enforce the provisions of Section 8.2 8.02 with respect to the appointment of a successor Servicer. Such successor Servicer shall, upon compliance with the last sentence of the first paragraph of Section 8.2 8.02 of the Sale and Servicing Agreement, become the successor Administrator hereunder; provided, however, that if the Indenture Trustee shall become such successor Administrator, the Indenture Trustee shall not be required to perform any obligations or duties or conduct any activities as successor Administrator that would be prohibited by law and not within the banking and trust powers of the Indenture Trustee. In such event, the Indenture Trustee may shall appoint a sub-administrator to perform such obligations and duties.

Appears in 2 contracts

Samples: Administration Agreement (Caterpillar Financial Funding Corp), Caterpillar Financial (Caterpillar Financial Asset Trust 2004-A)

Successor Servicer and Administrator. The Administrator shall undertake, as promptly as possible after the giving of notice of termination to the Servicer of the Servicer's rights and powers pursuant to Section 8.2 of the Sale and Servicing Agreement, to enforce the provisions of Section 8.2 with respect to the appointment of a successor Servicer. Such successor Servicer shall, upon compliance with the last sentence of the first paragraph of Section 8.2 of the Sale and Servicing Agreement, become the successor Administrator hereunder; provided, however, that if the Indenture Trustee shall become such successor Administrator, the Indenture Trustee shall not be required to perform any obligations or duties or conduct any activities as successor Administrator that would be prohibited by law and not within the banking and trust powers of the Indenture Trustee. In such event, the Indenture Trustee may appoint a sub-administrator to perform such obligations and duties.

Appears in 1 contract

Samples: Administration Agreement (Mmca Auto Receivables Inc)

Successor Servicer and Administrator. The Administrator shall undertake, as promptly as possible after the giving of notice of termination to the Servicer of the Servicer's rights and powers pursuant to Section 8.2 7.1 of the Sale and Servicing Agreement, to enforce the provisions of Section 8.2 7.2 of the Sale and Servicing Agreement with respect to the appointment of a successor Successor Servicer. Such successor Successor Servicer shall, upon compliance with the last sentence of Section 8.2 7.2 of the Sale and Servicing Agreement, become the successor Administrator hereunder; provided, provided however, that if the Indenture Trustee shall become such successor Administrator, the Indenture Trustee shall not be required to perform any obligations or duties or conduct any activities as successor Administrator that would be prohibited by law and not within the banking and trust powers of the Indenture Trustee. In such event, the Indenture Trustee may appoint a sub-administrator to perform such obligations and duties.

Appears in 1 contract

Samples: Administration Agreement (Daimler Benz Vehicle Receivables Corp)

Successor Servicer and Administrator. The Administrator shall undertake, as promptly as possible after the giving of notice of termination to the Servicer of the Servicer's ’s rights and powers pursuant to Section 8.2 5.02 of the Sale and Servicing Agreement, to enforce the provisions of such Section 8.2 5.02 with respect to the appointment of a successor ServicerXxxxxxxx. Such successor Servicer shall, upon compliance with the last sentence of Section 8.2 5.02 of the Sale and Servicing Agreement, become the successor Administrator hereunder; provided, however, that if the Indenture Trustee shall become such successor Administrator, the Indenture Trustee shall not be required to perform any obligations or duties or conduct any activities as successor Administrator that would be prohibited by law and not within the banking and trust powers of the Indenture Trustee. In such event, the Indenture Trustee may appoint a sub-administrator acceptable to the Insurer to perform such obligations and duties.

Appears in 1 contract

Samples: Administration Agreement (First Investors Financial Services Group Inc)

Successor Servicer and Administrator. The Administrator shall undertake, as promptly as possible after the giving of notice of termination to the Servicer of the Servicer's ’s rights and powers pursuant to Section 8.2 5.02 of the Sale and Servicing Agreement, to enforce the provisions of such Section 8.2 5.02 with respect to the appointment of a successor Servicer. Such successor Servicer shall, upon compliance with the last sentence of Section 8.2 5.02 of the Sale and Servicing Agreement, become the successor Administrator hereunder; provided, however, that if the Indenture Trustee shall become such successor Administrator, the Indenture Trustee shall not be required to perform any obligations or duties or conduct any activities as successor Administrator that would be prohibited by law and not within the banking and trust powers of the Indenture Trustee. In such event, the Indenture Trustee may appoint a sub-administrator acceptable to the Insurer to perform such obligations and duties.

Appears in 1 contract

Samples: Administration Agreement (First Investors Financial Services Group Inc)

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Successor Servicer and Administrator. The Administrator shall undertake, as promptly as possible after the giving of notice of termination to the Servicer of the Servicer's ’s rights and powers pursuant to Section 8.2 8.02 of the Sale and Servicing Agreement, to enforce the provisions of Section 8.2 8.02 with respect to the appointment of a successor Servicer. Such successor Servicer shall, upon compliance with the last sentence of the first paragraph of Section 8.2 8.02 of the Sale and Servicing Agreement, become the successor Administrator hereunder; provided, however, that if the Indenture Trustee shall become such successor Administrator, the Indenture Trustee shall not be required to perform any obligations or duties or conduct any activities as successor Administrator that would be prohibited by law and not within the banking and trust powers of the Indenture Trustee. In such event, the Indenture Trustee may shall appoint a sub-administrator to perform such obligations and duties.

Appears in 1 contract

Samples: Administration Agreement (Caterpillar Financial Asset Trust 2005-A)

Successor Servicer and Administrator. The Administrator shall undertake, as promptly as possible after the giving of notice of termination to the Servicer of the Servicer's rights and powers pursuant to Section 8.2 of the Sale and Servicing Agreement, to enforce the provisions of such Section 8.2 with respect to the appointment of a successor Servicer. Such successor Servicer shall, upon compliance with the last sentence of Section 8.2 of the Sale and Servicing Agreement, become the successor Administrator hereunder; provided, however, that if the Indenture Trustee shall become such successor Administrator, the Indenture Trustee shall not be required to perform any obligations or duties or conduct any activities as successor Administrator that would be prohibited by law and not within the banking and trust powers of the Indenture Trustee. In such event, the Indenture Trustee may appoint a sub-administrator to perform such obligations and duties.

Appears in 1 contract

Samples: Administration Agreement (Carmax Auto Receivables LLC)

Successor Servicer and Administrator. The Administrator shall undertake, as promptly as possible after the giving of notice of termination to the Servicer of the Servicer's rights and powers pursuant to Section 8.2 7.1 of the Sale and Servicing Agreement, to enforce the provisions of Section 8.2 7.2 of the Sale and Servicing Agreement with respect to the appointment of a successor Successor Servicer. Such successor Successor Servicer shall, upon compliance with the last sentence of Section 8.2 7.2 of the Sale and Servicing Agreement, become the successor Administrator hereunder; provided, however, that if the Indenture Trustee shall become such successor Administrator, the Indenture Trustee shall not be required to perform any obligations or duties or conduct any activities as successor Administrator that would be prohibited by law and not within the banking and trust powers of the Indenture Trustee. In such event, the Indenture Trustee may appoint a sub-administrator to perform such obligations and duties.

Appears in 1 contract

Samples: Administration Agreement (Daimler Benz Vehicle Receivables Corp)

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