THE COMPANY AND THE SERVICER Sample Clauses

THE COMPANY AND THE SERVICER. 90 Section 6.01. Respective Liabilities of the Company and the Servicer...........90 Section 6.02. Merger or Consolidation of the Company or the Servicer; Assignment of Rights and Delegation of Duties by Servicer........91 Section 6.03. Limitation on Liability of the Company, the Servicer and Others...........................................................92 Section 6.04. Company and Servicer Not to Resign...............................92 ARTICLE VII DEFAULT..................................................................93
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THE COMPANY AND THE SERVICER. 90 Section 6.01. Respective Liabilities of the Company and the Servicer...........90
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THE COMPANY AND THE SERVICER. Section 6.01. Liability of the Company and the Servicer......................................................72 Section 6.02. The Company's Representations and Warranties...................................................72 Section 6.03. Representations, Warranties and Covenants of the Servicer......................................74 Section 6.04. Corporate Existence............................................................................75 Section 6.05. Limitation on Liability of the Company, the Servicer and Others................................76 Section 6.06.
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THE COMPANY AND THE SERVICER. 72 Section 6.01. Liability of the Company and the Servicer . . . . . . . . . . . . . . . 72 Section 6.02. The Company's Representations and Warranties . . . . . . . . . . . . . 72 Section 6.03. Representations, Warranties and Covenants of the Servicer . . . . . . . 74 Section 6.04. Corporate Existence . . . . . . . . . . . . . . . . . . . . . . . . . . 76 Section 6.05. Limitation on Liability of the Company, the Servicer and Others . . . . 76 Section 6.06.
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THE COMPANY AND THE SERVICER. Section 6.01. Respective Liabilities of the Company and the Servicer. The Company and the Servicer shall each be liable in accordance herewith only to the extent of the obligations specifically and respectively imposed upon and undertaken by the Company and the Servicer herein. By way of illustration and not limitation, the Company is not liable for the servicing and administration of the Mortgage Loans, nor is it obligated by Section 7.01 or Section 10.01 to assume any obligations of the Servicer or to appoint a designee to assume such obligations, nor is it liable for any other obligation hereunder that it may, but is not obligated to, assume unless it elects to assume such obligation in accordance herewith. Section 6.02. Merger or Consolidation of the Company or the Servicer; Assignment of Rights and
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THE COMPANY AND THE SERVICER. Section 6.01.Liability of the Company and the Servicer 162 Section 6.02.Merger or Consolidation of the Company or the Servicer 162 Section 6.03.Limitation on Liability of the Company, the Servicer and Others 162 Section 6.04.Neither the Company nor the Servicer May Resign 163 Section 6.05.Trustee Access. 163 Section 0.00.Xxxxxx of Default 164 Section 7.02.Trustee to Act; Appointment of Successor 167 Section 7.03.Notification to Certificateholders 169 Section 8.01.Duties of Trustees 169 Section 8.02.Certain Matters Affecting the Trustees 170 Section 8.03.Trustees Not Liable for Certificates or Mortgage Loans 172 Section 8.04.Trustees May Own Certificates 172 Section 8.05.The Servicer to Pay Trustees’ Fees and Expenses 172 Section 8.06.Eligibility Requirements for Trustees 172 Section 8.07.Resignation and Removal of Trustees 173 Section 8.08.Successor Trustee 174 Section 8.09.Merger or Consolidation of Trustee 174 Section 8.10.Appointment of Co-Trustee or Separate Trustee 174 Section 8.11.Authenticating Agents 175 Section 8.12.Paying Agents 176 Section 8.13.Duties of Delaware Trustee 177 Section 8.14.Amendment to Certificate of Trust 177 Section 8.15.[Reserved.] 177 Section 8.16.Trustees Act on Behalf of Trust 177 Section 8.17.Limitation of Liability 178 Section 8.18.Trustee Report on Assessment of Compliance with Servicing Criteria 178
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THE COMPANY AND THE SERVICER. Section 6.01...
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THE COMPANY AND THE SERVICER 
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Related to THE COMPANY AND THE SERVICER

  • THE COMPANY AND THE MASTER SERVICER Section 6.01. Respective Liabilities of the Company and the Master Servicer. The Company and the Master Servicer shall each be liable in accordance herewith only to the extent of the obligations specifically and respectively imposed upon and undertaken by the Company and the Master Servicer herein. By way of illustration and not limitation, the Company is not liable for the servicing and administration of the Mortgage Loans, nor is it obligated by Section 7.01 or Section 10.01 to assume any obligations of the Master Servicer or to appoint a designee to assume such obligations, nor is it liable for any other obligation hereunder that it may, but is not obligated to, assume unless it elects to assume such obligation in accordance herewith. Section 6.02. Merger or Consolidation of the Company or the Master Servicer; Assignment of Rights and

  • THE DEPOSITOR AND THE SERVICER Section 7.01 Respective Liabilities of the Depositor and the Servicer... Section 7.02 Merger or Consolidation of the Depositor or the Servicer... Section 7.03 Limitation on Liability of the Depositor, the Servicer and Others.................................................. Section 7.04 Depositor and Servicer Not to Resign.........................

  • Liability of the Company and the Master Servicer The Company and the Master Servicer shall be liable in accordance herewith only to the extent of the obligations specifically imposed upon and undertaken by the Company or the Master Servicer, as applicable, herein.

  • Covenants of the Company and the Selling Stockholders The Company and each Selling Stockholder covenant with each Underwriter as follows:

  • Covenants of the Company and the Selling Shareholders The Company covenants with each Underwriter as follows:

  • Indemnification of the Company and the Selling Stockholders The Underwriter agrees to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities that arise out of, or are based upon, any untrue statement or omission or alleged untrue statement or omission made in reliance upon and in conformity with any information relating to the Underwriter furnished to the Company in writing by the Underwriter expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus or any Pricing Disclosure Package, it being understood and agreed upon that the only such information furnished by the Underwriter consists of the following information in the Prospectus furnished on behalf of the Underwriter: the concession figure appearing in the sixth paragraph and the information concerning short selling and purchasing contained in the eleventh and twelfth paragraphs under the caption “Underwriting” (collectively, the “Underwriter Information”).

  • THE SELLER AND THE MASTER SERVICER Section 6.01 Liability of the Seller and the Master Servicer............... Section 6.02 Merger or Consolidation of the Seller or the Master Servicer..................................................

  • Certain Agreements of the Company and the Selling Stockholders The Company agrees with the several Underwriters and the Selling Stockholders that:

  • Covenants of the Company and the Operating Partnership The Company and the Operating Partnership, jointly and severally, covenant with each Underwriter as follows:

  • Indemnification of the Company and the Guarantors Each Underwriter agrees, severally and not jointly, to indemnify and hold harmless the Company, each Guarantor, each officer of the Company or a Guarantor who signed the Registration Statement, each of their respective directors and each person, if any, who controls the Company or any Guarantor within the meaning of the Securities Act or the Exchange Act, against any loss, claim, damage, liability or expense, as incurred, to which the Company, any Guarantor, any officer of the Company or a Guarantor who signed the Registration Statement or any such director or controlling person may become subject, under the Securities Act, the Exchange Act, or other federal or state statutory law or regulation, or at common law or otherwise (including in settlement of any litigation, if such settlement is effected with the written consent of such Underwriter), insofar as such loss, claim, damage, liability or expense (or actions in respect thereof as contemplated below) arises out of or is based upon any untrue statement or alleged untrue statement of a material fact contained in the Registration Statement, any Issuer Free Writing Prospectus, any Preliminary Prospectus or the Prospectus (or any amendment or supplement thereto), or the omission or alleged omission therefrom of a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading, in each case to the extent, but only to the extent, that such untrue statement or alleged untrue statement or omission or alleged omission was made in the Registration Statement, any Issuer Free Writing Prospectus, any Preliminary Prospectus or the Prospectus (or any amendment or supplement thereto), in reliance upon and in conformity with written information furnished to the Company by such Underwriter through the Representatives expressly for use therein; and to reimburse the Company, any Guarantor and each such director or controlling person for any and all expenses (including the fees and disbursements of counsel) as such expenses are reasonably incurred by the Company, any Guarantor or such director or controlling person in connection with investigating, defending, settling, compromising or paying any such loss, claim, damage, liability, expense or action. Each of the Company and the Guarantors hereby acknowledges that the only information that the Underwriters through the Representatives have furnished to the Company expressly for use in the Registration Statement, any Issuer Free Writing Prospectus, any Preliminary Prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the eleventh paragraph (beginning “Neither we nor any of the underwriters...”) under the caption “Underwriting” in the Prospectus. The indemnity agreement set forth in this Section 7(b) shall be in addition to any liabilities that each Underwriter may otherwise have.

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