Common use of The Servicer to Pay Trustees’ Fees and Expenses Clause in Contracts

The Servicer to Pay Trustees’ Fees and Expenses. The Servicer covenants and agrees to pay to the Trustee from time to time, and the Trustee shall be entitled to receive, reasonable compensation (which shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust) for all services rendered by it in the execution of the trust hereby created and in the exercise and performance of any of the powers and duties hereunder of the Trustee, and the Servicer will pay or reimburse the Trustee (without reimbursement from the Collection Account or otherwise) upon its request for all reasonable expenses, disbursements and advances incurred or made by the Trustee in accordance with any of the provisions of this Agreement or any Enhancement Agreement (including the reasonable fees and expenses of its agents, any co-trustee and counsel) except any such expense, disbursement or advance as may arise from its own negligence or bad faith and except as provided in the following sentence. If the Trustee is appointed Successor Servicer pursuant to Section 10.02, the provisions of this Section 11.05 shall not apply to expenses, disbursements and advances made or incurred by the Trustee in its capacity as Successor Servicer. The obligations of the Servicer under Section 8.04 and this Section 11.05 shall survive the termination of the Trust and the resignation or removal of the Trustee.

Appears in 11 contracts

Samples: Pooling and Servicing Agreement (Capital One Master Trust), Pooling and Servicing Agreement (Capital One Master Trust), Pooling and Servicing Agreement (Capital One Master Trust)

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The Servicer to Pay Trustees’ Fees and Expenses. The Servicer covenants and agrees to pay to the Trustee from time to time, and the Trustee shall be entitled to receive, reasonable compensation (which shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust) for all services rendered by it in the execution of the trust hereby created and in the exercise and performance of any of the powers and duties hereunder of the Trustee, and the Servicer will pay or reimburse the Trustee (without reimbursement from the Collection Account or otherwise) upon its request for all reasonable expenses, disbursements and advances incurred or made by the Trustee in accordance with any of the provisions of this Agreement or any Enhancement Agreement (including the reasonable fees and expenses of its agents, any co-trustee and counsel) except any such expense, disbursement or advance as may arise from its own negligence or bad faith and except as provided in the following sentence. If the Trustee is appointed Successor Servicer pursuant to Section 10.02, the provisions provision of this Section 11.05 shall not apply to expenses, disbursements and advances made or incurred by the Trustee in its capacity as Successor Servicer, which shall be paid out of the Servicing Fee. The obligations of Servicer’s covenant to pay the Servicer under Section 8.04 expenses, disbursements and advances provided for in this Section 11.05 shall survive the termination of the Trust and the resignation or removal of the Trusteethis Agreement.

Appears in 7 contracts

Samples: Pooling and Servicing Agreement (Citibank, N.A., as Depositor of Citibank Credit Card Issuance Trust), Pooling and Servicing Agreement (Citibank, N.A., as Depositor of Citibank Credit Card Issuance Trust), Pooling and Servicing Agreement (Citibank, N.A., as Depositor of Citibank Credit Card Issuance Trust)

The Servicer to Pay Trustees’ Fees and Expenses. The Servicer covenants and agrees to pay to the Trustee from time to time, and the Trustee shall be entitled to receive, reasonable compensation (which shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust) for all services rendered by it the Trustee in the execution of the trust Trust hereby created and in the exercise and performance of any of the powers and duties hereunder of the Trustee, and and, subject to Section 8.04, the Servicer will pay or reimburse the Trustee (without reimbursement from the Collection any Investor Account, any Series Account or otherwise) upon its request for all reasonable expenses, disbursements and advances incurred or made by the Trustee in accordance with any of the provisions of this Agreement or any Enhancement Agreement (including the reasonable fees and expenses of its agents, any co-trustee agents and counsel) except any such expense, disbursement or advance as may arise from its own negligence or bad faith and except as provided in the following sentence. If the Trustee is appointed Successor Servicer pursuant to Section 10.02, the provisions of this Section 11.05 shall not apply to expenses, disbursements and advances made or incurred by the Trustee in its capacity as Successor ServicerServicer (which shall be covered out of the Monthly Servicing Fee). The obligations of the Servicer under Section 8.04 and this Section 11.05 shall survive the termination of the Trust and the resignation or removal of the Trustee.

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (First Usa Credit Card Master Trust), Pooling and Servicing Agreement (First Usa Credit Card Master Trust), Pooling and Servicing Agreement (Bank One Delaware National Association)

The Servicer to Pay Trustees’ Fees and Expenses. The Servicer covenants and agrees to pay to the Trustee from time to time, and the Trustee shall be entitled to receive, reasonable compensation (which shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust) for all services rendered by it in the execution of the trust Trust hereby created and in the exercise and performance of any of the powers and duties hereunder of the Trustee, and and, subject to Section 8.04, the Servicer will pay or reimburse the Trustee (without reimbursement from the Collection any Investor Account, any Series Account or otherwise) upon its request for all reasonable expenses, disbursements and advances incurred or made by the Trustee in accordance with any of the provisions of this Agreement or any Enhancement Agreement (including the reasonable fees and expenses of its agents, any co-trustee and counsel) except any such expense, disbursement or advance as may arise from its own negligence or bad faith and except as provided in the following sentence. If the Trustee is appointed Successor The Servicer pursuant to Section 10.02, the provisions of will have no liability under this Section 11.05 shall not apply to (or under Section 8.04) for any indemnity, compensation, expenses, disbursements and advances made disbursements, advances, or incurred by other amounts that arise after the Trustee date of its resignation or termination under this Agreement, but instead the Successor Servicer that is appointed in its capacity as Successor Servicerplace will incur that liability. The obligations of the Servicer under Section 8.04 and this Section 11.05 shall survive the termination of the Trust and the resignation or removal of the Trustee.

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (BA Credit Card Trust), Pooling and Servicing Agreement (BA Master Credit Card Trust II), Pooling and Servicing Agreement (BA Master Credit Card Trust II)

The Servicer to Pay Trustees’ Fees and Expenses. The Servicer covenants and agrees to pay to the Trustee from time to time, and the Trustee shall be entitled to receive, reasonable compensation (which shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust) for all services rendered by it in the execution of the trust hereby created and in the exercise and performance of any of the powers and duties hereunder of the Trustee, and the Servicer will shall pay or reimburse the Trustee (without reimbursement from the Collection Account or otherwise) upon its request for all reasonable expenses, disbursements and advances incurred or made by the Trustee in accordance with any of the provisions of this Agreement or any Enhancement Agreement (including the reasonable fees and expenses of its agents, any co-trustee and counsel) except any such expense, disbursement or advance as may shall arise from its own negligence or bad faith and except as provided in the following sentence. If the Trustee is appointed Successor Servicer pursuant to Section 10.02, the provisions of this Section 11.05 shall not apply to expenses, disbursements and advances made or incurred by the Trustee in its capacity as Successor Servicer, which shall be paid out of the Servicing Fee. The obligations of Servicer’s covenant to pay the Servicer under Section 8.04 expenses, disbursements and advances provided for in this Section 11.05 shall survive the termination of the Trust and the resignation or removal of the Trustee.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC), Pooling and Servicing Agreement (American Express Credit Account Master Trust), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC)

The Servicer to Pay Trustees’ Fees and Expenses. The Servicer covenants and agrees to pay to the Trustee from time to time, and the Trustee shall be entitled to receive, reasonable compensation (which shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust) for all services rendered by it in the execution of the trust hereby created and in the exercise and performance of any of the powers and duties hereunder of the Trustee, and the Servicer will pay or reimburse the Trustee (without reimbursement from the Collection Account or otherwise) upon its request for all reasonable expenses, expenses or disbursements and advances incurred or made by the Trustee in accordance with any of the provisions of this Agreement or any Enhancement Agreement (including the reasonable fees and expenses of its agents, any co-trustee and counsel) except any such expense, disbursement or advance as may arise from its own negligence negligence, willful misconduct or bad faith and except as provided in the following sentence. If the Trustee is appointed Successor Servicer pursuant to Section 10.0210.2, the provisions of this Section 11.05 11.5 shall not apply to expenses, disbursements and advances made or incurred by the Trustee in its capacity as Successor Servicer. The obligations of the Servicer under Section 8.04 8.4 and this Section 11.05 11.5 shall survive the termination of the Trust and the resignation or removal of the Trustee.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Target Corp), Pooling and Servicing Agreement (Target Receivables Corp)

The Servicer to Pay Trustees’ Fees and Expenses. The Servicer covenants and agrees to pay to the Trustee from time to time, and the Trustee shall be entitled to receive, reasonable compensation (which shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust) for all services rendered by it in the execution of the trust hereby created and in the exercise and performance of any of the powers and duties hereunder of the Trustee, and the Servicer will shall pay or reimburse the Trustee (without reimbursement from the Collection Account or otherwise) upon its request for all reasonable expenses, disbursements and advances incurred or made by the Trustee in accordance with any of the provisions of this Agreement or any Enhancement Agreement (including the reasonable fees and expenses of its agents, any co-trustee and counsel) except any such expense, disbursement or advance as may shall arise from its own negligence or bad faith and except as provided in the following sentence. If the Trustee is appointed Successor Servicer pursuant to Section 10.02, the provisions of this Section 11.05 shall not apply to expenses, disbursements and advances made or incurred by the Trustee in its capacity as Successor Servicer, which shall be paid out of the Servicing Fee. The obligations of Servicer's covenant to pay the Servicer under Section 8.04 expenses, disbursements and advances provided for in this Section 11.05 shall survive the termination of the Trust and the resignation or removal of the Trustee.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Ii), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)

The Servicer to Pay Trustees’ Fees and Expenses. The Servicer covenants and agrees to pay to the Trustee from time to time, and the Trustee shall be entitled to receive, reasonable compensation (which shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust) for all services rendered by it the Trustee in the execution of the trust hereby created and in the exercise and performance of any of the powers and duties hereunder of the Trustee, and and, subject to Section 8.4, the Servicer will pay or reimburse the Trustee (without reimbursement from the Collection any Investor Account, any Series Account or otherwise) upon its request for all reasonable expenses, disbursements and advances incurred or made by the Trustee in accordance with any of the provisions of this Agreement or any Enhancement Agreement (including the reasonable fees and expenses of its agents, any co-trustee agents and counsel) except any such expense, disbursement or advance as may arise from its own negligence or bad faith and except as provided in the following sentence. If the Trustee is appointed Successor Servicer pursuant to Section 10.0210.2, the provisions of this Section 11.05 11.5 shall not apply to expenses, disbursements and advances made or incurred by the Trustee in its capacity as Successor ServicerServicer (which shall be covered out of the Servicing Fee). The obligations of the Servicer under Section 8.04 and this Section 11.05 11.5 shall survive the termination of the Trust and the resignation or removal of the Trustee.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Metris Companies Inc), Pooling and Servicing Agreement (Apparel Retailers Inc)

The Servicer to Pay Trustees’ Fees and Expenses. The Servicer covenants and agrees to pay to the Trustee from time to time, and the Trustee shall be entitled to receive, reasonable compensation (which shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust) for all services rendered by it in the execution of the trust hereby created and in the exercise and performance of any of the powers and duties hereunder of the Trustee, and the Servicer will pay or reimburse the Trustee (without reimbursement from the Collection Account or otherwise) upon its request for all reasonable expenses, disbursements and advances incurred or made by the Trustee in accordance with any of the provisions of this Agreement or any Enhancement Agreement (including the reasonable fees and expenses of its agents, any co-trustee and counsel) except any such expense, disbursement or advance as may arise from its own negligence or bad faith and except as provided in the following sentence. If the Trustee is appointed Successor Servicer pursuant to Section 10.02, the provisions provision of this Section 11.05 shall not apply to expenses, disbursements and advances made or incurred by the Trustee in its capacity as Successor Servicer, which shall be paid out of the Servicing Fee. The obligations of Servicer's covenant to pay the Servicer under Section 8.04 expenses, disbursements and advances provided for in this Section 11.05 shall survive the termination of the Trust and the resignation or removal of the Trusteethis Agreement.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Household Affinity Funding Corp), Pooling and Servicing Agreement (Citibank South Dakota N A)

The Servicer to Pay Trustees’ Fees and Expenses. The ----------------------------------------------- Servicer covenants and agrees to pay to the Trustee from time to time, and the Trustee shall be entitled to receive, reasonable compensation (which shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust) for all services rendered by it in the execution of the trust hereby created and in the exercise and performance of any of the powers and duties hereunder of the Trustee, and the Servicer will pay or reimburse the Trustee (without reimbursement from the Collection Account or otherwise) upon its request for all reasonable expenses, disbursements and advances incurred or made by the Trustee in accordance with any of the provisions of this Agreement or any Enhancement Agreement (including the reasonable fees and expenses of its agents, any co-trustee and counsel) except any such expense, disbursement or advance as may arise from its own negligence or bad faith and except as provided in the following sentence. If the Trustee is appointed Successor Servicer pursuant to Section 10.02, the provisions of this Section 11.05 shall not apply to expenses, disbursements and advances made or incurred by the Trustee in its capacity as Successor Servicer. The obligations of the Servicer under Section 8.04 and this Section 11.05 shall survive the termination of the Trust and the resignation or removal of the Trustee.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Capital One FSB), Pooling and Servicing Agreement (Asset Backed Securities Corp)

The Servicer to Pay Trustees’ Fees and Expenses. The Servicer covenants and agrees to pay to the Trustee from time to time, and the Trustee shall be entitled to receive, reasonable compensation (which shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust) for all services rendered by it in the execution of the trust hereby created and in the exercise and performance of any of the powers and duties hereunder of the Trustee, and the Servicer will shall pay or reimburse the Trustee (without reimbursement from the Collection Account or otherwise) upon its request for all reasonable expenses, disbursements and advances incurred or made by the Trustee in accordance with any of the provisions of this Agreement or any Enhancement Agreement (including the reasonable fees and expenses of its agents, any co-trustee and counsel) except any such expense, disbursement or advance as may arise from its own negligence or bad faith and except as provided in the following sentence. If the Trustee is appointed Successor Servicer pursuant to Section 10.02, the provisions of this Section 11.05 shall not apply to expenses, disbursements and advances made or incurred by the Trustee in its capacity as Successor Servicer, which shall be paid out of the Servicing Fee. The obligations of Servicer's covenant to pay the Servicer under Section 8.04 expenses, disbursements and advances provided for in this Section 11.05 shall survive the termination of the Trust and the resignation or removal of the Trustee.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (American Express Credit Account Master Trust), Pooling and Servicing Agreement (American Express Credit Account Master Trust)

The Servicer to Pay Trustees’ Fees and Expenses. The Servicer covenants and agrees to pay to the Trustee from time to time, and the Trustee shall be entitled to receive, receive such reasonable compensation as shall be agreed upon from time to time between the Servicer and the Trustee (which shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust) for all services rendered by it in the execution of the trust Trust hereby created and in the exercise and performance of any of the powers and duties hereunder of the Trustee, and and, subject to Section 8.4, the Servicer will pay or reimburse the Trustee (without reimbursement from the Collection any Investor Account, any Series Account or otherwise) upon its request for all reasonable expenses, disbursements and advances incurred or made by the Trustee in accordance with any of the provisions of this Agreement or any Enhancement Agreement (including the reasonable fees and expenses of its agents, any co-trustee and counsel) except any such expense, disbursement or advance as may arise from its own negligence or negligence, bad faith or wilful misfeasance and except as provided in the following sentence. If the Trustee is appointed Successor Servicer pursuant to Section 10.0210.2, the provisions of this Section 11.05 11.5 shall not apply to expenses, disbursements and advances made or incurred by the Trustee in its capacity as Successor Servicer. The obligations of the Servicer under Section 8.04 and this Section 11.05 11.5 shall survive the termination of the Trust and the resignation or removal of the Trustee.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Dillard Asset Funding Co)

The Servicer to Pay Trustees’ Fees and Expenses. The Servicer covenants and agrees to pay to the Trustee from time to time, and the Trustee shall be entitled to receive, receive such reasonable compensation as shall be agreed upon from time to time between the Servicer and the Trustee (which shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust) for all services rendered by it in the execution of the trust Trust hereby created and in the exercise and performance of any of the powers and duties hereunder of the Trustee, and and, subject to Section 8.4, the Servicer will pay or reimburse the Trustee (without reimbursement from the Collection any Investor Account, any Series Account or otherwise) upon its request for all reasonable expenses, disbursements and advances incurred or made by the Trustee in accordance with any of the provisions of this Agreement or any Enhancement Agreement (including the reasonable fees and expenses of its agents, any co-trustee and counsel) except any such expense, disbursement or advance as may arise from its own negligence or negligence, bad faith or willful misfeasance and except as provided in the following sentence. If the Trustee is appointed Successor Servicer pursuant to Section 10.0210.2, the provisions of this Section 11.05 11.5 shall not apply to expenses, disbursements and advances made or incurred by the Trustee in its capacity as Successor Servicer. The obligations of the Servicer under Section 8.04 and this Section 11.05 11.5 shall survive the termination of the Trust and the resignation or removal of the Trustee.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First Usa Credit Card Master Trust)

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The Servicer to Pay Trustees’ Fees and Expenses. The Servicer covenants and agrees to pay to the Trustee from time to time, and the Trustee shall be entitled to receive, reasonable compensation (which shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust) for all services rendered by it in the execution of the trust hereby created and in the exercise and performance of any of the powers and duties hereunder of the Trustee, and and, subject to Section 8.4, the Servicer will pay or reimburse the Trustee (without reimbursement from the Collection any Investor Account or otherwise) upon its request for all reasonable expenses, disbursements and advances incurred or made by the Trustee in accordance with any of the provisions of this Agreement or any Enhancement Agreement Supplement (including the reasonable fees and expenses of its agents, any co-trustee agents and counsel) except any such expense, disbursement or advance as may arise from its own negligence or bad faith and except as provided in the following sentence. If the Trustee is appointed Successor Servicer pursuant to Section 10.0210.2, the provisions of this Section 11.05 11.5 shall not apply to expenses, disbursements and advances made or incurred by the Trustee in its capacity as Successor Servicer. The obligations of the Servicer JCPR under Section 8.04 and this Section 11.05 11.5 and Section 8.4 shall survive the termination of the Trust and the resignation or removal of the Trustee.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (JCP Receivables Inc)

The Servicer to Pay Trustees’ Fees and Expenses. The Servicer covenants and agrees to pay to the Trustee from time to time, and the Trustee shall be entitled to receive, receive such reasonable compensation as shall be agreed upon from time to time between the Servicer and the Trustee (which shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust) for all services rendered by it in the execution of the trust Trust hereby created and in the exercise and performance of any of the powers and duties hereunder of the Trustee, and and, subject to Section 8.4, the Servicer will pay or reimburse the Trustee (without reimbursement from the Collection any Investor Account, any Series Account or otherwise) upon its request for all reasonable expenses, disbursements and advances incurred or made by the Trustee in accordance with any of the provisions of this Agreement or any Enhancement Agreement (including the reasonable fees and expenses of its agents, any co-trustee and counsel) except any such expense, disbursement or advance as may arise from its own negligence or negligence, bad faith or willful misfeasance and except as provided in the following sentence. If the Trustee is appointed Successor Servicer pursuant to Section 10.02section 10.2, the provisions of this Section 11.05 11.5 shall not apply to expenses, disbursements and advances made or incurred by the Trustee in its capacity as Successor Servicer. The obligations of the Servicer under Section 8.04 and this Section 11.05 11.5 shall survive the termination of the Trust and the resignation or removal of the Trustee.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First Usa Credit Card Master Trust)

The Servicer to Pay Trustees’ Fees and Expenses. The Servicer covenants and agrees to pay to the Trustee from time to time, and the Trustee shall be entitled to receive, receive such reasonable compensation as shall be agreed upon from time to time between the Servicer and the Trustee (which shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust) for all services rendered by it in the execution of the trust Trust hereby created and in the exercise and performance of any of the powers and duties hereunder of the Trustee, and and, subject to Section 8.4, the Servicer will pay or reimburse the Trustee (without reimbursement from the Collection any Investor Account, any Series Account or otherwise) upon its request for all reasonable expenses, disbursements and advances incurred or made by the Trustee in accordance with any of the provisions of this Agreement or any Enhancement Agreement (including the reasonable fees and expenses of its agents, any co-trustee and counsel) except any such expense, disbursement or advance as may arise from its own negligence or negligence, bad faith or wilful misfeasance and except as provided in the following sentence. If the Trustee is appointed Successor Servicer pursuant to Section 10.02section 10.2, the provisions of this Section 11.05 11.5 shall not apply to expenses, disbursements and advances made or incurred by the Trustee in its capacity as Successor Servicer. The obligations of the Servicer under Section 8.04 and this Section 11.05 11.5 shall survive the termination of the Trust and the resignation or removal of the Trustee.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Chase Manhattan Bank Usa)

The Servicer to Pay Trustees’ Fees and Expenses. The Servicer covenants and agrees to pay the fees and expenses set forth in subsections (a) - (c) below. (a) The Servicer shall pay to the Trustee from time to time, and the Trustee shall be entitled to receive, reasonable compensation for all services rendered by it hereunder (which compensation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust). (b) for all services rendered by it in the execution of the trust hereby created and in the exercise and performance of any of the powers and duties hereunder of The Servicer shall, except as otherwise expressly provided herein, to reimburse the Trustee, and to the Servicer will pay or reimburse extent requested by the Trustee (without reimbursement from the Collection Account or otherwise) upon its request Trustee, for all reasonable expenses, disbursements and advances incurred or made by the Trustee in accordance with any of the provisions provision of this Agreement or any Enhancement Agreement (including the reasonable fees and expenses of its agentsAgreement, any co-trustee and counsel) except any such expense, disbursement or advance as may arise from be attributable to its own negligence or bad faith. (c) The Servicer shall indemnify the Trustee for, and to hold it harmless against, any loss, liability or expense incurred without negligence or bad faith on its part, arising out of or in connection with the acceptance or administration of this trust and except as provided its duties hereunder, including the costs and expenses of defending itself against any claim or liability in connection with the following sentenceexercise or performance of any of its powers or duties hereunder. If All such payments by the Trustee is appointed Successor Servicer pursuant to Section 10.02, the provisions of shall be made from its own funds. The covenants in this Section 11.05 shall not apply to expenses, disbursements and advances made or incurred by be for the benefit of the Trustee in its capacity capacities as Successor Servicer. The obligations of the Servicer under Section 8.04 Trustee, Custodian, Paying Agent and this Section 11.05 Certificate Registrar hereunder, and shall survive the termination of the Trust and the resignation or removal of the Trusteethis Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Conseco Finance Securitizations Corp)

The Servicer to Pay Trustees’ Fees and Expenses. The Servicer covenants and agrees to pay to the Trustee from time to time, and the Trustee shall be entitled to receive, reasonable compensation (which shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust) for all services rendered by it the Trustee in the execution of the trust hereby created and in the exercise and performance of any of the powers and duties hereunder of the Trustee, and and, subject to Section 8.4, the Servicer will pay or reimburse the Trustee (without reimbursement from the Collection any Investor Account, any Series Account or otherwise) upon its request for all reasonable expenses, disbursements and advances incurred or made by the Trustee in accordance with any of the provisions of this Agreement or any Enhancement Agreement (including the reasonable fees and expenses of its agents, any co-trustee agents and counsel) except any such expense, disbursement or advance as may arise from its own negligence or bad faith and except as provided in the following sentence. If the Trustee is appointed Successor Servicer pursuant to Section 10.0210.2, the provisions of this Section 11.05 11.4 shall not apply to expenses, disbursements and advances made or incurred by the Trustee in its capacity as Successor ServicerServicer (which shall be covered out of the Servicing Fee). The obligations of the Servicer under Section 8.04 and this Section 11.05 11.4 shall survive the termination of the Trust and the resignation or removal of the Trustee.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Federated Department Stores Inc /De/)

The Servicer to Pay Trustees’ Fees and Expenses. The Servicer covenants and agrees to pay to the Trustee from time to time, and the Trustee shall be entitled to receive, reasonable compensation (which shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust) for all services rendered by it in the execution of the trust Trust hereby created and in the exercise and performance of any of the powers and duties hereunder of the Trustee, and and, subject to Section 8.04, the Servicer will pay or reimburse the Trustee (without reimbursement from the Collection any Investor Account, any Series Account or otherwise) upon its request for all reasonable expenses, disbursements and advances (including legal fees and costs and costs of persons not regularly employed by the Trustee) incurred or made by the Trustee in accordance with any of the provisions of this Agreement or any Enhancement Agreement (including the reasonable fees and expenses of its agents, any co-trustee and counsel) except any such expense, disbursement or advance as may arise from its own negligence or bad faith and except as provided in the following sentence. If the Trustee is appointed Successor Servicer pursuant to Section 10.02, the provisions of this Section 11.05 shall not apply to expenses, disbursements and advances made or incurred by the Trustee in its capacity as Successor Servicer. The obligations of the Servicer under Section 8.04 and this Section 11.05 shall survive the termination of the Trust and the resignation or removal of the Trustee.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (A I Receivables Corp)

The Servicer to Pay Trustees’ Fees and Expenses. The Servicer covenants and agrees to pay to the Trustee from time to time, and the Trustee shall be entitled to receive, receive such reasonable compensation as shall be agreed upon from time to time between the Servicer and the Trustee (which shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust) for all services rendered by it in the execution of the trust Trust hereby created and in the exercise and performance of any of the powers and duties hereunder of the Trustee, and and, subject to Section 8.4, the Servicer will pay or reimburse the Trustee (without reimbursement from the Collection any Investor Account, any Series Account or otherwise) upon its request for all reasonable expenses, disbursements and advances incurred or made by the Trustee in accordance with any of the provisions of this Agreement or any Enhancement Agreement (including the reasonable fees and expenses of its agents, any co-trustee and counsel) except any such expense, disbursement or advance as may arise from its own negligence or negligence, bad faith or wilful misconduct and except as provided in the following sentence. If the Trustee is appointed Successor Servicer pursuant to Section 10.0210.2, the provisions of this Section 11.05 11.5 shall not apply to expenses, disbursements and advances made or incurred by the Trustee in its capacity as Successor Servicer. The obligations of the Servicer under Section 8.04 and this Section 11.05 11.5 shall survive the termination of the Trust and the resignation or removal of the Trustee.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Dillard Asset Funding Co)

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