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 8.02 of the Sale and Servicing Agreement, to enforce the provisions of Section 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 8.02 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 shall appoint a sub-administrator to perform such obligations and duties.
Appears in 2 contracts
Samples: Administration Agreement (Caterpillar Financial Funding Corp), Administration Agreement (Caterpillar Financial Funding 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 rights and powers pursuant to Section 8.02 [8.02] of the Sale Transfer and Servicing Agreement, to enforce the provisions of Section 8.02 [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 8.02 [8.02] of the Sale Transfer and Servicing Agreement, become the successor Administrator hereunder; PROVIDEDprovided, HOWEVERhowever, 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 shall appoint a sub-administrator to perform such obligations and duties.
Appears in 1 contract
Samples: Administration Agreement (Metlife Capital Equipment Loan Trusts)
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 8.02 8.2 of the Sale and Servicing Agreement, to enforce the provisions of such Section 8.02 8.2 with respect to the appointment of a successor Servicer. Such successor Servicer shall, upon compliance with the second to last sentence of the first paragraph of Section 8.02 8.2 of the Sale and Servicing Agreement, become the successor Administrator hereunder; PROVIDEDprovided, HOWEVERhowever, 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; and, provided further, that the Indenture Trustee as successor Administrator shall not assume any of the obligations specified in Section 2(a)(ii). In such event, the Indenture Trustee shall may appoint a sub-administrator to perform such obligations and duties.. Any transfer of servicing pursuant to
Appears in 1 contract
Samples: Administration Agreement (Carmax Auto Owner Trust 2007-1)