Successor Subservicers. The Servicer shall be entitled to terminate any Subservicing Agreement that may exist in accordance with the terms and conditions of such Subservicing Agreement and without any limitation by virtue of this Agreement; provided, however, that in the event of termination of any Subservicing Agreement by the Servicer or the Subservicer, the Servicer shall either act as servicer of the related Mortgage Loan or enter into a Subservicing Agreement with a successor Subservicer which will be bound by the terms of the related Subservicing Agreement.
Appears in 51 contracts
Samples: Pooling and Servicing Agreement (Gmacm Mortgage Loan Trust 2005-J1), Pooling and Servicing Agreement (GMACM Mortgage Pass-Through Cerificates, Series 2004-J5), Pooling and Servicing Agreement (GMACM Mortgage Pass-Through Cerificates, Series 2004-J5)
Successor Subservicers. The Servicer shall be entitled to terminate any Subservicing Agreement that may exist in accordance with the terms and conditions of such Subservicing Agreement and without any limitation by virtue of this Agreement; provided, however, that in the event of termination of any Subservicing Agreement by the Servicer or the Subservicerupon termination, the Servicer shall either act as servicer of the related Mortgage Loan Loans or enter into a Subservicing Agreement an appropriate contract with a successor Subservicer reasonably acceptable to the Trustee, pursuant to which such successor Subservicer will be bound by the all relevant terms of the related Subservicing AgreementAgreement pertaining to the servicing of such Mortgage Loans.
Appears in 15 contracts
Samples: Pooling and Servicing Agreement (NovaStar Mortgage Funding Trust, Series 2004-4), Pooling and Servicing Agreement (NovaStar Certificates Financing CORP), Pooling and Servicing Agreement (Novastar Mortgage Funding Corp)
Successor Subservicers. The Servicer shall be entitled to terminate any Subservicing Agreement that may exist and the rights and obligations of any Subservicer pursuant to any Subservicing Agreement in accordance with the terms and conditions of such Subservicing Agreement and without any limitation by virtue of this Agreement; provided, however, that in . In the event of termination of any Subservicing Agreement by the Servicer or the Subservicer, the Servicer either shall either act as servicer of directly service the related Mortgage Loan Loans or shall enter into a Subservicing Agreement with a successor Subservicer which will be bound by the terms of the related Subservicing Agreementqualifies under Section 4.15.
Appears in 7 contracts
Samples: Master Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-14ar), Master Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-13), Master Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-12)
Successor Subservicers. The Servicer shall be entitled to terminate any Subservicing Agreement that may exist in accordance with the terms and conditions of such Subservicing Agreement and without any limitation by virtue of this Agreement; provided, however, that in the event of termination of any Subservicing Agreement by the Servicer or the Subservicerupon termination, the Servicer shall either act as servicer of the related Mortgage Loan Loans or enter into a Subservicing Agreement an appropriate contract with a successor Subservicer reasonably acceptable to the Depositor (and with written notice to the Trustee), pursuant to which such successor Subservicer will be bound by the all relevant terms of the related Subservicing AgreementAgreement pertaining to the servicing of such Mortgage Loans.
Appears in 5 contracts
Samples: Pooling and Servicing Agreement (NovaStar Certificates Financing CORP), Pooling and Servicing Agreement (Novastar Mortgage Funding Trust, Series 2007-1), Pooling and Servicing Agreement (Novastar Mortgage Funding Trust, Series 2007-1)
Successor Subservicers. The Servicer shall be entitled to terminate any Subservicing Agreement that may exist and the rights and obligations of any Subservicer pursuant to any Subservicing Agreement in accordance with the terms and conditions of such Subservicing Agreement and without any limitation by virtue of this Agreement; provided, however, that in . In the event of termination of any Subservicing Agreement by the Servicer or the Subservicer, the Servicer either shall either act as servicer of directly service the related Mortgage Loan Loans or shall enter into a Subservicing Agreement with a successor Subservicer which will be bound by the terms of the related Subservicing Agreementqualifies under Section 4.13.
Appears in 4 contracts
Samples: Master Servicing Agreement (Sequoia Mortgage Trust 2007-1), Master Servicing Agreement (Sequoia Mortgage Trust 2007-2), Master Servicing Agreement (Sequoia Mortgage Trust 2007-3)
Successor Subservicers. The Servicer shall be entitled to terminate any Subservicing Agreement that may exist in accordance with the terms and conditions of such Subservicing Agreement and without any limitation by virtue of this Agreement; provided, however, that in the event of termination of any Subservicing Agreement by the Servicer or the Subservicerupon termination, the Servicer shall either act as servicer of the related Mortgage Loan Loans or enter into a Subservicing Agreement an appropriate contract with a successor Subservicer reasonably acceptable to the Indenture Trustee, pursuant to which such successor Subservicer will be bound by the all relevant terms of the related Subservicing AgreementAgreement pertaining to the servicing of such Mortgage Loans.
Appears in 4 contracts
Samples: Sale and Servicing Agreement (NovaStar Certificates Financing CORP), Sale and Servicing Agreement (NovaStar Certificates Financing LLC), Sale and Servicing Agreement (NovaStar Certificates Financing CORP)
Successor Subservicers. The Servicer shall be entitled to terminate any Subservicing Agreement that may exist in accordance with the terms and conditions of such Subservicing Agreement and without any limitation by virtue of this Agreement; provided, however, that in the event of termination of any Subservicing Agreement by the Servicer or the Subservicerupon termination, the Servicer shall either act as servicer of the related Mortgage Loan Loans or enter into a Subservicing Agreement an appropriate contract with a successor Subservicer reasonably acceptable to the Certificate Administrator on behalf of the Trustee, pursuant to which such successor Subservicer will be bound by the all relevant terms of the related Subservicing AgreementAgreement pertaining to the servicing of such Mortgage Loans.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Novastar Mortgage Funding Trust Series 2001-1), Pooling and Servicing Agreement (Residential Asset Funding Corp), Pooling and Servicing Agreement (Novastar Mortgage Funding Corp)
Successor Subservicers. The Servicer shall be entitled to terminate any Subservicing Agreement that may exist and the rights and obligations of any Subservicer pursuant to any Subservicing Agreement in accordance with the terms and conditions of such Subservicing Agreement and without any limitation by virtue of this Agreement; provided, however, that in . In the event of termination of any Subservicing Agreement by the Servicer or the Subservicer, the Servicer either shall either act as servicer of directly service the related Mortgage Loan Loans or shall enter into a Subservicing Agreement with a successor Subservicer which will be bound by the terms of the related Subservicing Agreementqualifies under Section 4.15.
Appears in 4 contracts
Samples: Servicing Agreement (Thornburg Mortgage Sec Tr 2002-1 MRT Ln Ps THR CRT Sr 2002-1), Servicing Agreement (Greenwich Capital Acceptance Inc Thorn Mort Sec Tr 2003-1), Servicing Agreement (Greenwich Capital Acceptance Thornburg Sec Tr 2003-4)
Successor Subservicers. The Servicer shall be entitled to terminate any Subservicing Agreement that may exist in accordance with the terms and conditions of such Subservicing Agreement and without any limitation by virtue of this Agreement; provided, however, that in the event of termination of any Subservicing Agreement by the Servicer or the Subservicerupon termination, the Servicer shall either act as servicer of the related Mortgage Loan Loans or enter into a Subservicing Agreement an appropriate contract with a successor Subservicer reasonably acceptable to the Certificate Administrator, on behalf of the Trustee, pursuant to which such successor Subservicer will be bound by the all relevant terms of the related Subservicing AgreementAgreement pertaining to the servicing of such Mortgage Loans.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Novastar Mortgage Funding Trust Series 2002-1), Pooling and Servicing Agreement (Novastar Mortgage Funding Corp Trust Series 2002-3), Pooling and Servicing Agreement (Novastar Mortgage Funding Corp Series 2002-2)
Successor Subservicers. The Servicer shall be entitled to terminate any Subservicing Agreement that may exist in accordance with the terms and conditions of such Subservicing Agreement and without any limitation by virtue of this Agreement; provided, however, that in the event of termination of any Subservicing Agreement by the Servicer or the Subservicerupon termination, the Servicer shall either act as servicer of the related Mortgage Loan Loans or enter into a Subservicing Agreement an appropriate contract with a successor Subservicer, pursuant to which such successor Subservicer which will be bound by the all relevant terms of the related Subservicing AgreementAgreement pertaining to the servicing of such Mortgage Loans.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (NovaStar Certificates Financing CORP), Sale and Servicing Agreement (NovaStar Mortgage Funding Trust, Series 2006-1), Sale and Servicing Agreement (NovaStar Certificates Financing CORP)
Successor Subservicers. The Servicer shall be entitled to terminate any Subservicing Agreement that may exist in accordance with the terms and conditions of such Subservicing Agreement and without any limitation by virtue of this Servicing Agreement; provided, however, that in the event of termination of any Subservicing Agreement by the Servicer or the Subservicerupon termination, the Servicer shall either act as servicer of the related Mortgage Loan Loans or enter into a Subservicing Agreement an appropriate contract with a successor Subservicer reasonably acceptable to the Indenture Trustee and the Bond Insurer pursuant to which such successor Subservicer will be bound by the all relevant terms of the related Subservicing AgreementAgreement pertaining to the servicing of such Mortgage Loans.
Appears in 3 contracts
Samples: Servicing Agreement (Novastar Mortgage Funding Corp), Servicing Agreement (Novastar Mortgage Funding Corp), Servicing Agreement (Novastar Mortgage Funding Corp)
Successor Subservicers. The Upon notice to the Indenture Trustee and the Initial Noteholder (except if the Subservicer is an Affiliate of the Servicer), the Servicer shall be entitled to terminate any Subservicing Agreement that may exist in accordance with the terms and conditions of such Subservicing Agreement and without any limitation by virtue of this Agreement; provided, however, that in the event of termination of any Subservicing Agreement by the Servicer or the Subservicer, the Servicer shall to either act as servicer of itself directly service the related Mortgage Loan Loans or enter into a Subservicing Agreement with a successor Subservicer which will be bound by the terms of the related Subservicing Agreementqualifies under Section 4.22.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (H&r Block Inc), Sale and Servicing Agreement (H&r Block Inc), Sale and Servicing Agreement (H&r Block Inc)
Successor Subservicers. The Master Servicer shall be entitled to terminate any Subservicing Agreement that may exist in accordance with the terms and conditions of such Subservicing Agreement and without any limitation by virtue of this Servicing Agreement; provided, however, that in the event of termination of any Subservicing Agreement by the Servicer or the Subservicerupon termination, the Master Servicer shall either act as servicer of the related Mortgage Loan or enter into a Subservicing Agreement an appropriate contract with a successor Subservicer pursuant to which such successor Subservicer will be bound by the all relevant terms of the related Subservicing AgreementAgreement pertaining to the servicing of such Mortgage Loan.
Appears in 2 contracts
Samples: Servicing Agreement (Imh Assets Corp Impac CMB Trust Series 2003-5), Servicing Agreement (Impac CMB Trust Collaterlized Ab Bond Series 2003-3)
Successor Subservicers. The Servicer shall be entitled to terminate any Subservicing Agreement that may exist in accordance with the terms and conditions of such Subservicing Agreement and without any limitation by virtue of this Agreement; provided, however, that in the event of termination of any Subservicing Agreement by the Servicer or the Subservicerupon termination, the Servicer shall either act as servicer of the related Mortgage Loan Loans or enter into a Subservicing Agreement an appropriate contract with a successor Subservicer reasonably acceptable to the Depositor (and written notice to the Trustee), pursuant to which such successor Subservicer will be bound by the all relevant terms of the related Subservicing AgreementAgreement pertaining to the servicing of such Mortgage Loans.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (NovaStar Certificates Financing CORP)
Successor Subservicers. The Upon notice to the Indenture Trustee and the Initial Noteholder, the Servicer shall be entitled to terminate any Subservicing Agreement that may exist in accordance with the terms and conditions of such Subservicing Agreement and without any limitation by virtue of this Agreement; provided, however, that in the event of termination of any Subservicing Agreement by the Servicer or the Subservicer, the Servicer shall to either act as servicer of itself directly service the related Mortgage Loan Loans or enter into a Subservicing Agreement with a successor Subservicer which will be bound by the terms of the related Subservicing Agreementqualifies under Section 4.03.
Appears in 1 contract
Successor Subservicers. The Servicer shall be entitled to terminate any Subservicing Agreement that may exist in accordance with the terms and conditions of such Subservicing Agreement and without any limitation by virtue of this Agreement; provided, however, that in the event of termination of any Subservicing Agreement by the Servicer or the Subservicer, the Servicer shall to either act as servicer of itself directly service the related Mortgage Loan Loans or enter into a Subservicing Agreement with a successor Subservicer which will qualifies under Section 3.2 and upon terms and conditions substantially similar to the terminated Subservicing Agreement or upon the prior written consent of the Master Servicer. The Subservicing Fee shall not be bound increased unless such increase is paid by the terms of the related Subservicing AgreementServicer from its own funds and without reimbursement.
Appears in 1 contract
Samples: Submaster Servicing Agreement (Structured Asset Mortgage Investments Inc)
Successor Subservicers. The Master Servicer shall be entitled to terminate any Subservicing Agreement that may exist in accordance with the terms and conditions of such Subservicing Agreement and without any limitation by virtue of this Agreement; provided, however, that in the event of termination of any Subservicing Agreement by the Master Servicer or the Subservicer, the Master Servicer shall either act as servicer of the related Mortgage Loan or enter into a Subservicing Agreement with a successor Subservicer which will be bound by the terms of the related Subservicing Agreement.related
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc)
Successor Subservicers. The Servicer shall be entitled to terminate any Subservicing Agreement that may exist in accordance with the terms and conditions of such Subservicing Agreement and without any limitation by virtue of this Agreement; provided, however, that in the event of termination of any Subservicing Agreement by the Servicer or the Subservicer, the Servicer shall either act as servicer of the related Mortgage Loan or enter into a Subservicing Agreement with a successor Subservicer which will be bound by the terms of the related Subservicing Agreement.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Chase Mortgage Finance Corp)
Successor Subservicers. The Upon notice to the Indenture Trustee and the Initial Noteholder, the Servicer shall be entitled to terminate any Subservicing Agreement that may exist in accordance with the terms and conditions of such Subservicing Agreement and without any limitation by virtue of this Agreement; provided, however, that in the event of termination of any Subservicing Agreement by the Servicer or the Subservicer, the Servicer shall to either act as servicer of itself directly service the related Mortgage Loan Loans or enter into a Subservicing Agreement with a successor Subservicer which will be bound by the terms of the related Subservicing Agreement.qualifies under Section 4.03. -71- 77
Appears in 1 contract
Successor Subservicers. The Servicer shall be entitled to terminate any Subservicing Agreement that may exist in accordance with the terms and conditions of such Subservicing Agreement and without any limitation by virtue of this Agreement; provided, however, that in the event of termination of any Subservicing Agreement by the Servicer or the Subservicer, the Servicer shall to either act as servicer of itself directly service the related Mortgage Loan Home Equity Loans or enter into a Subservicing Agreement with a successor Subservicer which will be bound by the terms of the related Subservicing Agreementqualifies under Section 4.3.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Ucfc Acceptance Corp)
Successor Subservicers. The Servicer shall be entitled to terminate any Subservicing Agreement that may exist in accordance with the terms and conditions of such Subservicing Agreement and without any limitation by virtue of this Agreement; provided, however, that in the event of termination of any Subservicing Agreement by the Servicer or the Subservicerupon termination, the Servicer shall either act as servicer of the related Mortgage Loan Loans or enter into a Subservicing Agreement an appropriate contract with a successor Subservicer reasonably acceptable to the Certificate Administrator, on behalf of the Trustee,, pursuant to which such successor Subservicer will be bound by the all relevant terms of the related Subservicing AgreementAgreement pertaining to the servicing of such Mortgage Loans.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Novastar Mortgage Funding Corp)
Successor Subservicers. The Servicer Company shall be entitled to terminate any Subservicing Agreement that may exist and the rights and obligations of any Subservicer pursuant to any Subservicing Agreement in accordance with the terms and conditions of such Subservicing Agreement and without any limitation by virtue of this Agreement; provided, however, that in . In the event of termination of any Subservicing Agreement by the Servicer or the Subservicer, the Servicer Company either shall either act as servicer of directly service the related Mortgage Loan Loans or shall enter into a Subservicing Agreement with a successor Subservicer which will be bound by the terms of the related Subservicing Agreementqualifies under section 4.15.
Appears in 1 contract
Samples: Assignment, Assumption and Recognition Agreement (Greenwich Capital Acceptance Inc)
Successor Subservicers. The Upon notice to the Indenture Trustee and the Noteholder Agent (except if the Subservicer is an Affiliate of the Servicer), the Servicer shall be entitled to terminate any Subservicing Agreement that may exist in accordance with the terms and conditions of such Subservicing Agreement and without any limitation by virtue of this Agreement; provided, however, that in the event of termination of any Subservicing Agreement by the Servicer or the Subservicer, the Servicer shall to either act as servicer of itself directly service the related Mortgage Loan Loans or enter into a Subservicing Agreement with a successor Subservicer which will be bound by the terms of the related Subservicing Agreementqualifies under Section 4.22.
Appears in 1 contract
Successor Subservicers. The Servicer shall be entitled to ----------------------- terminate any Subservicing Agreement that may exist on any agreement between a Subservicer and the Issuer in accordance with the terms and conditions of such Subservicing Agreement and without any limitation by virtue of this Agreement; provided, however, that in the event of termination of any Subservicing Agreement by the Servicer or the Subservicer, the Servicer shall to either act as servicer of itself directly service the related Mortgage Loan Loans or enter into a Subservicing Agreement with a successor Subservicer which will be bound by the terms of the related Subservicing Agreementqualifies under Section 4.3.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Thornburg Mortgage Asset Corp)
