The Servicer Not to Resign. (a) The Servicer shall not resign from the duties and obligations hereby imposed on it except upon a determination by its Board of Directors that by reason of change in applicable legal requirements, with which the Servicer cannot reasonably comply, the continued performance by the Servicer of its duties under this Agreement would cause it to be in violation of such legal requirements, said determination to be evidenced by a resolution from its Board of Directors to such effect, accompanied by an Opinion of Counsel to such effect and reasonably satisfactory to the Trustee and MBIA. (b) No such resignation shall become effective until a successor Servicer shall have assumed the responsibilities and obligations of the Servicer hereunder. (c) Except as provided in Sections 5.02 and 6.01 hereof, the duties and obligations of the Servicer under this Agreement shall continue until this Agreement shall have been terminated as provided in Section 8.01 hereof, and shall survive the exercise by the Transferor or the Trustee of any right or remedy under this Agreement, or the enforcement by the Transferor, MBIA, the Trustee or any Certificateholder of any provision of the Certificates or this Agreement.
Appears in 3 contracts
Samples: Servicing Agreement (Granite Financial Inc), Servicing Agreement (Granite Financial Inc), Servicing Agreement (Granite Financial Inc)
The Servicer Not to Resign. (a) The Servicer shall not resign from the duties and obligations hereby imposed on it by this Agreement except upon a determination by its Board of Directors that by reason of change in applicable legal requirements, with which the Servicer cannot reasonably comply, the continued performance by the Servicer of its duties under this Agreement would cause it to be in violation of such legal requirements, said determination to be evidenced by a resolution from its Board of Directors to such effect, accompanied by an Opinion of Counsel to such effect and reasonably satisfactory to the Trustee and MBIATrustee.
(b) No such resignation shall become effective until a successor Servicer shall have assumed the responsibilities and obligations of the Servicer hereunder.
(c) Except as provided in Sections 5.02 and 6.01 hereof, the duties and obligations of the Servicer under this Agreement shall continue until this Agreement shall have been terminated as provided in Section 8.01 hereof, and shall survive the exercise by the Transferor Issuer or the Trustee of any right or remedy under this Agreement, or the enforcement by the Transferor, MBIAIssuer, the Trustee or any Certificateholder Noteholder of any provision of the Certificates Notes or this Agreement.
Appears in 1 contract
The Servicer Not to Resign. (a) The Servicer shall not resign from the duties and obligations hereby imposed on it except upon a determination by its Board of Directors that by reason of change in applicable legal requirements, with which the Servicer cannot reasonably comply, the continued performance by the Servicer of its duties under this Agreement would cause it to be in violation of such legal requirements, said determination to be evidenced by a resolution from its Board of Directors to such effect, accompanied by an Opinion of Counsel to such effect and reasonably satisfactory to the Trustee and MBIAthe Bond Insurer.
(b) No such resignation shall become effective until a successor Servicer shall have assumed the responsibilities and obligations of the Servicer hereunder.
(c) Except as provided in Sections 5.02 and 6.01 hereof, the duties and obligations of the Servicer under this Agreement shall continue until this Agreement shall have been terminated as provided in Section 8.01 hereof, and shall survive the exercise by the Transferor or the Trustee of any right or remedy under this Agreement, or the enforcement by the Transferor, MBIAthe Bond Insurer, the Trustee Trustee, the Back-up Servicer or any Certificateholder the Certificateholders of any provision of the Certificates or this Agreement.
Appears in 1 contract
The Servicer Not to Resign. (a) The Servicer shall not resign from the duties and obligations hereby imposed on it except upon a determination by its Board of Directors that by reason of change in applicable legal requirements, with which the Servicer cannot reasonably comply, the continued performance by the Servicer of its duties under this Agreement would cause it to be in violation of such legal requirements, said determination to be evidenced by a resolution from its Board of Directors to such effect, accompanied by an Opinion opinion of Counsel to such effect and reasonably satisfactory to the Indenture Trustee and MBIAthe Bond Insurer.
(b) No such resignation shall become effective until a successor Servicer shall have assumed the responsibilities and obligations of the Servicer hereunder.
(c) Except as provided in Sections 5.02 and 6.01 hereof, the duties and obligations of the Servicer under this Agreement shall continue until this Agreement shall have been terminated as provided in Section 8.01 hereof, and shall survive the exercise by the Transferor Issuer or the Indenture Trustee of any right or remedy under this Agreement, or the enforcement by the Transferor, MBIAIssuer, the Trustee or any Certificateholder of any provision of the Certificates or this Agreement.Bond
Appears in 1 contract
The Servicer Not to Resign. (a) The Servicer shall not resign from the duties and obligations hereby imposed on it except upon a determination by its Board of Directors that by reason of change in applicable legal requirements, with which the Servicer cannot reasonably comply, the continued performance by the Servicer of its duties under this Agreement would cause it to be in violation of such legal requirements, said determination is to be evidenced by a resolution from its Board of Directors to such effect, accompanied by an Opinion of Counsel to such effect and reasonably satisfactory to the Indenture Trustee and MBIAthe Majority Holders.
(b) No such resignation shall become effective until a successor Servicer shall have assumed the responsibilities and obligations of the Servicer hereunder.
(c) Except as provided in Sections 5.02 and 6.01 hereof, the duties and obligations of the Servicer under this Agreement shall continue until this Agreement shall have been terminated as provided in Section 8.01 hereof, and shall survive the exercise by the Transferor Issuer or the Indenture Trustee of any right or remedy under this Agreement, or the enforcement by the Transferor, MBIAIssuer, the Indenture Trustee or any Certificateholder Noteholder of any provision of the Certificates Notes or this Agreement.
Appears in 1 contract
The Servicer Not to Resign. (a) The Servicer shall not resign from the duties and obligations hereby imposed on it except upon a determination by its Board of Directors that by reason of change in applicable legal requirements, with which the Servicer cannot reasonably comply, the continued performance by the Servicer of its duties under this Agreement would cause it to be in violation of such legal requirements, said determination is to be evidenced by a resolution from its Board of Directors to such effect, accompanied by an Opinion of Counsel to such effect and reasonably satisfactory to the Indenture Trustee and MBIAthe Controlling Party.
(b) No such resignation shall become effective until a successor Servicer shall have assumed the responsibilities and obligations of the Servicer hereunder.
(c) Except as provided in Sections 5.02 and 6.01 hereof, the duties and obligations of the Servicer under this Agreement shall continue until this Agreement shall have been terminated as provided in Section 8.01 hereof, and shall survive the exercise by the Transferor Issuer or the Indenture Trustee of any right or remedy under this Agreement, or the enforcement by the Transferor, MBIAIssuer, the Note Insurer, the Indenture Trustee or any Certificateholder Noteholder of any provision of the Certificates Notes or this Agreement.
Appears in 1 contract
The Servicer Not to Resign. (a) The Servicer shall not resign from the duties and obligations hereby imposed on it except upon a determination by its Board of Directors that by reason of change in applicable legal requirements, with which the Servicer cannot reasonably comply, the continued performance by the Servicer of its duties under this Agreement would cause it to be in violation of such legal requirements, said determination to be evidenced by a resolution from its Board of Directors to such effect, accompanied by an Opinion of Counsel to such effect and reasonably satisfactory to the Indenture Trustee and MBIAthe Majority Noteholders.
(b) No such resignation shall become effective until a successor Servicer shall have assumed the responsibilities and obligations of the Servicer hereunder.
(c) Except as provided in Sections 5.02 and 6.01 hereof, the duties and obligations of the Servicer under this Agreement shall continue until this Agreement shall have been terminated as provided in Section 8.01 7.01 hereof, and shall survive the exercise by LFC VI, the Transferor Issuer or the Indenture Trustee of any right or remedy under this Agreement, or the enforcement by the Transferor, MBIALFC VI, the Trustee Issuer, the Indenture Trustee, the Back-up Servicer or any Certificateholder Noteholder of any provision of the Certificates Notes or this Agreement.
(d) Nothing contained in this Section 5.04 shall impair or restrict the ability of the Servicer or any successor Servicer to appoint a subservicer.
Appears in 1 contract
Samples: Servicing Agreement (Nova Corp \Ga\)