The Servicing Agent Sample Clauses

The Servicing Agent. 66 SECTION 9.1 Appointment; Nature of Relationship.........................................66 SECTION 9.2 Powers......................................................................66 SECTION 9.3 General Immunity............................................................66 SECTION 9.4 No Responsibility for Advances, Creditworthiness, Collateral, Recitals, Etc.66 SECTION 9.5 Action on Instructions of Lenders...........................................67 SECTION 9.6 Employment of Agents and Counsel............................................67 SECTION 9.7 Reliance on Documents; Counsel..............................................67 SECTION 9.8 The Servicing Agent's Reimbursement and Indemnification.....................67 SECTION 9.9 Rights as a Lender..........................................................68 SECTION 9.10 Successor Servicing Agent...................................................68 SCHEDULES --------- Schedule I -- Lock Boxes, Lock-Box Banks, and Collection Accounts Schedule II -- Material Contracts and Other Commitments of the Borrower Schedule III -- Closing Costs Schedule IV -- Closing Date Advances Schedule V -- Designated Annuity Funding Companies Schedule VI -- Benefit Plans EXHIBITS -------- EXHIBIT A -- Form of Notice of Purchase EXHIBIT B -- Form of Notice of Direction of Payment EXHIBIT C -- Form of Notice of Borrowing EXHIBIT D -- Form of Notice of Continuation/Conversion EXHIBIT E -- Eligible Settlement Purchase Procedures EXHIBIT F -- Form of Borrowing Base Certificate EXHIBIT G -- Form of Lock-Box Agreement EXHIBIT H -- Form of Amended and Restated Revolving Loan Note EXHIBIT I -- Form of Amended and Restated Security Agreement EXHIBIT J -- Form of Purchase Agreement EXHIBIT K -- Commitments EXHIBIT L -- Form of Servicing Agent Note EXHIBIT M -- Form of Monthly Report AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT THIS AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT (the, "Agreement") is made as of February 11, 1997 by and between X.X. XXXXXXXXX S.S.C. LIMITED PARTNERSHIP, a Delaware limited partnership (the "Borrower"), the institutions from time to time party hereto as Lenders, ING (U.S.) CAPITAL CORPORATION ("ING Capital"), in its capacity as contractual representative for itself and the other Lenders (the "Agent"), and PNC BANK, NATIONAL ASSOCIATION ("PNC"), as servicing agent (the "Servicing Agent").

The Servicing Agent. SECTION 9.1 Appointment; Nature of Relationship. PNC Bank, National Association is appointed by the Agent and the Lenders as the Servicing Agent hereunder and under each other Advance Document, and each of the Agent and the Lenders irrevocably authorizes the Servicing Agent to act as the contractual representative of the Agent and such Lender with the rights and duties expressly set forth herein and in the other Advance Documents. The Servicing Agent agrees to act as such contractual representative upon the express conditions contained in this Article 9. Notwithstanding the use of the defined term "Agent," it is expressly understood and agreed that the Servicing Agent shall not have any fiduciary responsibilities to the Agent or any Lender by reason of this Agreement and that the Servicing Agent is merely acting as the representative of the Agent and the Lenders with only those duties as are expressly set forth in this Agreement and the other Advance Documents. In its capacity as the Agent's and the Lenders' contractual representative, the Servicing Agent (i) does not assume any fiduciary duties to any of the Agent or the Lenders and (ii) is acting as an independent contractor, the rights and duties of which are limited to those expressly set forth in this Agreement and the other Advance Documents. Each of the Agent and the Lenders agrees to assert no claim against the Servicing Agent on any agency theory or any other theory of liability for breach of fiduciary duty, all of which claims the Agent and each Lender waives.

The Servicing Agent