Total Servicing Fee; Payment of Certain Expenses by Servicer. On each Distribution Date, the Servicer shall be entitled to receive out of the Collection Account the Base Servicing Fee and any Supplemental Servicing Fee for the related Collection Period (together, the “Servicing Fee”) pursuant to Section 5.7. The Servicer shall be required to pay all expenses incurred by it in connection with its activities under this Agreement (including taxes imposed on the Servicer, expenses incurred in connection with distributions and reports made by the Servicer to the Noteholders and all other fees and expenses of the Owner Trustee, the Trust Collateral Agent or the Trustee; provided, however, the Servicer shall not be required to pay taxes levied or assessed against the Trust or claims against the Trust in respect of indemnification unless such taxes and claims are expressly stated to be for the account of GM Financial). The Servicer shall be liable for the fees and expenses of the Owner Trustee, the Trust Collateral Agent, the Trustee, the Custodian and the Independent Accountants. Notwithstanding the foregoing, if the Servicer shall not be GM Financial, a successor to GM Financial as Servicer permitted by Section 9.3 shall not be liable for taxes levied or assessed against the Trust or claims against the Trust in respect of indemnification, or the fees and expenses referred to above.
Appears in 60 contracts
Samples: Sale and Servicing Agreement (GM Financial Consumer Automobile Receivables Trust 2024-4), Sale and Servicing Agreement (GM Financial Consumer Automobile Receivables Trust 2024-4), Sale and Servicing Agreement (GM Financial Consumer Automobile Receivables Trust 2024-3)
Total Servicing Fee; Payment of Certain Expenses by Servicer. On each Distribution Date, the Servicer shall be entitled to receive out of the Collection Account the Base Servicing Fee and any Supplemental Servicing Fee for the related Collection Period (together, the “Servicing Fee”) pursuant to Section 5.7. The Servicer shall be required to pay all expenses incurred by it in connection with its activities under this Agreement (including taxes imposed on the Servicer, expenses incurred in connection with distributions and reports made by the Servicer to the Noteholders and all other fees and expenses of the Owner Trustee, the Trust Collateral Agent or the Trustee; provided, however, the Servicer shall not be required to pay taxes levied or assessed against the Trust or claims against the Trust in respect of indemnification unless such taxes and claims are expressly stated to be for the account of GM FinancialAmeriCredit). The Servicer shall be liable for the fees and expenses of the Owner Trustee, the Trust Collateral Agent, the Trustee, the Custodian and the Independent Accountants. Notwithstanding the foregoing, if the Servicer shall not be GM FinancialAmeriCredit, a successor to GM Financial AmeriCredit as Servicer permitted by Section 9.3 shall not be liable for taxes levied or assessed against the Trust or claims against the Trust in respect of indemnification, or the fees and expenses referred to above.
Appears in 44 contracts
Samples: Sale and Servicing Agreement (AmeriCredit Automobile Receivables Trust 2024-1), Sale and Servicing Agreement (AmeriCredit Automobile Receivables Trust 2024-1), Sale and Servicing Agreement (AmeriCredit Automobile Receivables Trust 2023-2)
Total Servicing Fee; Payment of Certain Expenses by Servicer. On each Distribution Date, the Servicer shall be entitled to receive out of the Collection Account the Base Servicing Fee and any Supplemental Servicing Fee for the related Collection Period (together, the “Servicing Fee”) pursuant to Section 5.7. The Servicer shall be required to pay all expenses incurred by it in connection with its activities under this Agreement (including taxes imposed on the Servicer, and expenses incurred in connection with distributions and reports made by the Servicer to the Noteholders and all other fees and expenses of the Owner Trustee, the Trust Collateral Agent or the Trustee; provided, however, the Servicer shall not be required to pay taxes levied or assessed against the Trust or claims against the Trust in respect of indemnification unless such taxes and claims are expressly stated to be for the account of GM FinancialNoteholders). The Servicer shall be liable for (i) the fees and expenses of the Independent Accountant and (ii) to the extent not paid or reimbursed on any Distribution Date pursuant to Section 5.7(a) hereof or Section 5.6 of the Indenture, as applicable, the fees, expenses and indemnification amounts due to the Owner Trustee, the Trust Collateral AgentBackup Servicer, the Indenture Trustee, the Custodian and the Independent AccountantsLockbox Bank. Notwithstanding the foregoing, if the Servicer shall not be GM FinancialExeter, a successor to GM Financial Exeter as Servicer, including the Backup Servicer permitted by Section 9.3 9.3, shall not be liable for taxes levied or assessed against the Issuer or the Holding Trust or claims against the Issuer or the Holding Trust in respect of indemnification, or the fees fees, expenses and expenses indemnification amounts referred to above.
Appears in 36 contracts
Samples: Sale and Servicing Agreement (Exeter Automobile Receivables Trust 2024-5), Sale and Servicing Agreement (Exeter Automobile Receivables Trust 2024-5), Sale and Servicing Agreement (Exeter Automobile Receivables Trust 2024-4)
Total Servicing Fee; Payment of Certain Expenses by Servicer. On each Distribution Date, the Servicer shall be entitled to receive out of the Collection Account the Base Servicing Fee and any Supplemental Servicing Fee for the related Collection Period (together, the “Servicing Fee”) pursuant to Section 5.7. The Servicer shall be required to pay all expenses incurred by it in connection with its activities under this Agreement (including taxes imposed on the Servicer, expenses incurred in connection with distributions and reports made by the Servicer to the Noteholders and all other fees and expenses of the Owner Trustee, the Trust Collateral Agent or the Trustee; provided, however, the Servicer shall not be required to pay taxes levied or assessed against the Trust or claims against the Trust in respect of indemnification unless such taxes and claims are expressly stated to be for the account of GM FinancialAmeriCredit). The Servicer shall be liable for the fees and expenses of the Owner Trustee, the Trust Collateral Agent, the Trustee, the Custodian Custodian, the Lockbox Bank (and any fees under the Lockbox Account Agreement), the Lockbox Processor (and any fees under the Lockbox Processing Agreement) and the Independent Accountants. Notwithstanding the foregoing, if the Servicer shall not be GM FinancialAmeriCredit, a successor to GM Financial AmeriCredit as Servicer permitted by Section 9.3 shall not be liable for taxes levied or assessed against the Trust or claims against the Trust in respect of indemnification, or the fees and expenses referred to above.
Appears in 28 contracts
Samples: Sale and Servicing Agreement (AFS SenSub Corp.), Sale and Servicing Agreement (AFS SenSub Corp.), Sale and Servicing Agreement (AFS SenSub Corp.)
Total Servicing Fee; Payment of Certain Expenses by Servicer. On each Distribution Date, the Servicer shall be entitled to receive out of the Collection Account the Base Servicing Fee and any Supplemental Servicing Fee for the related Collection Period (together, the “Servicing Fee”) pursuant to Section 5.7. The Servicer shall be required to pay all expenses incurred by it in connection with its activities under this Agreement (including taxes imposed on the Servicer, expenses incurred in connection with distributions and reports made by the Servicer to the Noteholders and all other fees and expenses of the Owner Trustee, the Backup Servicer, the Trust Collateral Agent or the Trustee; provided, however, the Servicer shall not be required to pay except taxes levied or assessed against the Trust or Trust, and claims against the Trust in respect of indemnification unless such indemnification, which taxes and claims in respect of indemnification against the Trust are expressly stated to be for the account of GM FinancialAmeriCredit). The Servicer shall be liable for the fees and expenses of the Owner Trustee, the Backup Servicer, the Trust Collateral Agent, the Trustee, the Custodian Custodian, the Lockbox Bank (and any fees under the Lockbox Account Agreement), the Lockbox Processor (and any fees under the Lockbox Processing Agreement) and the Independent Accountants. Notwithstanding the foregoing, if the Servicer shall not be GM FinancialAmeriCredit, a successor to GM Financial AmeriCredit as Servicer including the Backup Servicer permitted by Section 9.3 shall not be liable for taxes levied or assessed against the Trust or claims against the Trust in respect of indemnification, or the fees and expenses referred to above.
Appears in 21 contracts
Samples: Sale and Servicing Agreement (AmeriCredit Automobile Receivables Trust 2012-3), Sale and Servicing Agreement (AmeriCredit Automobile Receivables Trust 2012-3), Sale and Servicing Agreement (Americredit Automobile Receivables Trust 2012-2)
Total Servicing Fee; Payment of Certain Expenses by Servicer. On each Distribution Date, the Servicer shall be entitled to receive out of the Collection Account the Base Servicing Fee and any Supplemental Servicing Fee for the related Collection Period (together, the “Servicing Fee”) pursuant to Section 5.7. The Servicer shall be required to pay all expenses incurred by it in connection with its activities under this Agreement (including taxes imposed on the Servicer, expenses incurred in connection with distributions and reports made by the Servicer to Noteholders or the Noteholders Insurer and all other fees and expenses of the Owner Trustee, the Collateral Agent, the Backup Servicer, the Trust Collateral Agent or the Trustee; provided, however, the Servicer shall not be required to pay except taxes levied or assessed against the Trust or Trust, and claims against the Trust in respect of indemnification unless such indemnification, which taxes and claims in respect of indemnification against the Trust are expressly stated to be for the account of GM FinancialAmeriCredit). The Servicer shall be liable for the fees and expenses of the Owner Trustee, the Backup Servicer, the Trust Collateral Agent, the Trustee, the Custodian Custodian, the Collateral Agent, the Lockbox Bank (and any fees under the Lockbox Agreement) and the Independent Accountants. Notwithstanding the foregoing, if the Servicer shall not be GM FinancialAmeriCredit, a successor to GM Financial AmeriCredit as Servicer including the Backup Servicer permitted by Section 9.3 shall not be liable for taxes levied or assessed against the Trust or claims against the Trust in respect of indemnification, or the fees and expenses referred to above.
Appears in 14 contracts
Samples: Sale and Servicing Agreement (AFS SenSub Corp.), Sale and Servicing Agreement (Americredit Automobile Receivables Trust 2005-C-F), Sale and Servicing Agreement (AFS SenSub Corp.)
Total Servicing Fee; Payment of Certain Expenses by Servicer. On each Distribution Date, the Servicer shall be entitled to receive out of the Collection Account the Base Basic Servicing Fee and any Supplemental Servicing Fee for the related Collection Monthly Period (together, the “Servicing Fee”) pursuant to Section 5.74.6. The Servicer shall be required to pay all expenses incurred by it in connection with its activities under this Agreement (including taxes imposed on the Servicer, expenses incurred in connection with distributions and reports made by to Noteholders and the Servicer to the Noteholders Security Insurer and all other fees and expenses of the Owner TrusteeTrust, the Trust Collateral Agent or the Trustee; provided, however, the Servicer shall not be required to pay including taxes levied or assessed against the Trust or Trust, and claims against the Trust in respect of indemnification indemnification, unless such taxes and fees, expenses or claims in respect of indemnification are expressly stated to be for the account of GM FinancialAFL or not to be for the account of the Servicer). The Servicer shall be liable for the fees and expenses of the Owner Trustee, the Trust Administrator, the Indenture Collateral Agent, the Indenture Trustee, the Custodian Custodian, the Backup Servicer, the Collateral Agent, the Lockbox Bank (and any fees under the Lockbox Agreement) and the Independent Accountants. Notwithstanding the foregoing, if the Servicer shall not be GM FinancialAFL, a successor to GM Financial AFL as Servicer permitted by Section 9.3 7.2 or an Affiliate of any of the foregoing, such Servicer shall not be liable for taxes levied or assessed against the Trust or claims against the Trust in respect of indemnification, or the fees and expenses referred to above.
Appears in 9 contracts
Samples: Sale and Servicing Agreement (Arcadia Receivables Finance Corp), Sale and Servicing Agreement (Arcadia Receivables Finance Corp), Sale and Servicing Agreement (Olympic Receivables Finance Corp)
Total Servicing Fee; Payment of Certain Expenses by Servicer. On each Distribution Date, the Servicer shall be entitled to receive out of the Collection Account the Base Servicing Fee and any Supplemental Servicing Fee for the related Collection Period (together, the “Servicing Fee”) pursuant to Section 5.7. The Servicer shall be required to pay all expenses incurred by it in connection with its activities under this Agreement (including taxes imposed on the Servicer, expenses incurred in connection with distributions and reports made by the Servicer to the Noteholders and all other fees and expenses of the Owner Trustee, the Trust Collateral Agent or the Trustee; provided, however, the Servicer shall not be required to pay except taxes levied or assessed against the Trust or Trust, and claims against the Trust in respect of indemnification unless such indemnification, which taxes and claims in respect of indemnification against the Trust are expressly stated to be for the account of GM FinancialAmeriCredit). The Servicer shall be liable for the fees and expenses of the Owner Trustee, the Trust Collateral Agent, the Trustee, the Custodian Custodian, the Lockbox Bank (and any fees under the Lockbox Account Agreement), the Lockbox Processor (and any fees under the Lockbox Processing Agreement) and the Independent Accountants. Notwithstanding the foregoing, if the Servicer shall not be GM FinancialAmeriCredit, a successor to GM Financial AmeriCredit as Servicer permitted by Section 9.3 shall not be liable for taxes levied or assessed against the Trust or claims against the Trust in respect of indemnification, or the fees and expenses referred to above.
Appears in 8 contracts
Samples: Sale and Servicing Agreement (AmeriCredit Automobile Receivables Trust 2013-2), Sale and Servicing Agreement (AmeriCredit Automobile Receivables Trust 2013-2), Sale and Servicing Agreement (AmeriCredit Automobile Receivables Trust 2013-1)
Total Servicing Fee; Payment of Certain Expenses by Servicer. On each Distribution Date, the Servicer shall be entitled to receive out of the Collection Account the Base Servicing Fee and any Supplemental Servicing Fee for the related Collection Period (together, the “Servicing Fee”) pursuant to Section 5.7. The Servicer shall be required to pay all expenses incurred by it in connection with its activities under this Agreement (including taxes imposed on the Servicer, expenses incurred in connection with distributions and reports made by the Servicer to the Noteholders and all other fees and expenses of the Owner Trustee, the Backup Servicer, the Trust Collateral Agent or the Trustee; provided, however, the Servicer shall not be required to pay except taxes levied or assessed against the Trust or Trust, and claims against the Trust in respect of indemnification unless such indemnification, which taxes and claims in respect of indemnification against the Trust are expressly stated to be for the account of GM FinancialAmeriCredit). The Servicer shall be liable for the fees and expenses of the Owner Trustee, the Backup Servicer, the Trust Collateral Agent, the Trustee, the Custodian Custodian, the Lockbox Bank (and any fees under the Lockbox Agreement) and the Independent Accountants. Notwithstanding the foregoing, if the Servicer shall not be GM FinancialAmeriCredit, a successor to GM Financial AmeriCredit as Servicer including the Backup Servicer permitted by Section 9.3 shall not be liable for taxes levied or assessed against the Trust or claims against the Trust in respect of indemnification, or the fees and expenses referred to above.
Appears in 7 contracts
Samples: Sale and Servicing Agreement (AmeriCredit Automobile Receivables Trust 2008-2), Sale and Servicing Agreement (AmeriCredit Automobile Receivables Trust 2006-1), Sale and Servicing Agreement (AmeriCredit Automobile Receivables Trust 2004-1)
Total Servicing Fee; Payment of Certain Expenses by Servicer. On each Distribution Date, the Servicer shall be entitled to receive out of the Collection Account the Base Servicing Fee and any Supplemental Servicing Fee for the related Collection Period (together, the “Servicing Fee”) pursuant to Section 5.7. The Servicer shall be required to pay all expenses incurred by it in connection with its activities under this Agreement (including taxes imposed on the Servicer, expenses incurred in connection with distributions and reports made by the Servicer to Noteholders or the Noteholders Insurer and all other fees and expenses of the Owner Trustee, the Collateral Agent, the Backup Servicer, the Designated Backup Subservicer, the Trust Collateral Agent Agent, the Custodian or the Trustee; provided, however, the Servicer shall not be required to pay except taxes levied or assessed against the Trust or Trust, and claims against the Trust in respect of indemnification unless such indemnification, which taxes and claims in respect of indemnification against the Trust are expressly stated to be for the account of GM FinancialUACC). The Servicer shall be liable for the fees and expenses of the Owner Trustee, the Backup Servicer, the Designated Backup Subservicer, the Trust Collateral Agent, the Trustee, the Custodian Custodian, the Collateral Agent and the Independent Accountants. Notwithstanding the foregoing, if the Servicer shall not be GM FinancialUACC, a successor to GM Financial UACC as Servicer including the Backup Servicer or the Designated Backup Subservicer permitted by Section 9.3 shall not be liable for taxes levied or assessed against the Trust or claims against the Trust in respect of indemnification, or the fees and expenses referred to above.
Appears in 7 contracts
Samples: Sale and Servicing Agreement (United Pan Am Financial Corp), Sale and Servicing Agreement (UPFC Auto Receivables Corp.), Sale and Servicing Agreement (UPFC Auto Receivables Corp.)
Total Servicing Fee; Payment of Certain Expenses by Servicer. On each Distribution Date, the Servicer shall be entitled to receive out of the Collection Account the Base Servicing Fee and any Supplemental Servicing Fee for the related Collection Period (together, the “"Servicing Fee”") pursuant to Section 5.7. The Servicer shall be required to pay all expenses incurred by it in connection with its activities under this Agreement (including taxes imposed on the Servicer, expenses incurred in connection with distributions and reports made by the Servicer to Noteholders or the Noteholders Insurer and all other fees and expenses of the Owner Trustee, the Collateral Agent, the Backup Servicer, the Trust Collateral Agent or the Trustee; provided, however, the Servicer shall not be required to pay except taxes levied or assessed against the Trust or Trust, and claims against the Trust in respect of indemnification unless such indemnification, which taxes and claims in respect of indemnification against the Trust are expressly stated to be for the account of GM FinancialAmeriCredit). The Servicer shall be liable for the fees and expenses of the Owner Trustee, the Backup Servicer, the Trust Collateral Agent, the Trustee, the Custodian Custodian, the Collateral Agent, the Lockbox Bank (and any fees under the Lockbox Agreement) and the Independent Accountants. Notwithstanding the foregoing, if the Servicer shall not be GM FinancialAmeriCredit, a successor to GM Financial AmeriCredit as Servicer including the Backup Servicer permitted by Section 9.3 shall not be liable for taxes levied or assessed against the Trust or claims against the Trust in respect of indemnification, or the fees and expenses referred to above.
Appears in 4 contracts
Samples: Sale and Servicing Agreement (Americredit Automobile Receivables Trust 2003-B-X), Sale and Servicing Agreement (Americredit Financial Services Inc), Sale and Servicing Agreement (AFS Funding Trust)
Total Servicing Fee; Payment of Certain Expenses by Servicer. On each Distribution Date, the Servicer shall be entitled to receive out of the Collection Account the Base Servicing Fee and any Supplemental Servicing Fee for the related Collection Period (together, the “Servicing Fee”) pursuant to Section 5.7. The Servicer shall be required to pay all expenses incurred by it in connection with its activities under this Agreement (including taxes imposed on the Servicer, expenses incurred in connection with distributions and reports made by the Servicer to the Noteholders and all other fees and expenses of the Owner Trustee, the Trust Collateral Agent or the Trustee; provided, however, the Servicer shall not be required to pay taxes levied or assessed against the Trust or claims against the Trust in respect of indemnification unless such taxes and claims are expressly stated to be for the account of GM FinancialAmeriCredit). The Servicer shall be liable for the fees and expenses of the Owner Trustee, the Trust Collateral Agent, the Trustee, the Custodian Custodian, and the Independent Accountants. Notwithstanding the foregoing, if the Servicer shall not be GM FinancialAmeriCredit, a successor to GM Financial AmeriCredit as Servicer permitted by Section 9.3 shall not be liable for taxes levied or assessed against the Trust or claims against the Trust in respect of indemnification, or the fees and expenses referred to above.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (Afs Sensub Corp.), Sale and Servicing Agreement (Afs Sensub Corp.), Sale and Servicing Agreement (AFS SenSub Corp.)
Total Servicing Fee; Payment of Certain Expenses by Servicer. On each Distribution Date, the Servicer shall be entitled to receive out of the Collection Account the Base Basic Servicing Fee and any Supplemental Servicing Fee for the related Collection Period (together, the “Servicing Fee”) pursuant to Section 5.7. The Servicer shall be required to pay all expenses incurred by it in connection with its activities under this Agreement (including taxes imposed on the Servicer, expenses incurred in connection with distributions and reports made by the Servicer to Noteholders or the Noteholders Insurer and all other fees and expenses of the Owner Trustee, the Collateral Agent, the Backup Servicer, the Trust Collateral Agent or the Trustee; provided, however, the Servicer shall not be required to pay except taxes levied or assessed against the Trust or Trust, and claims against the Trust in respect of indemnification unless such indemnification, which taxes and claims in respect of indemnification against the Trust are expressly stated to be for the account of GM FinancialAmeriCredit). The Servicer shall be liable for the fees and expenses of the Owner Trustee, the Backup Servicer, the Trust Collateral Agent, the Trustee, the Custodian Custodian, the Backup Servicer, the Collateral Agent, the Lockbox Bank (and any fees under the Lockbox Agreement) and the Independent Accountants. Notwithstanding the foregoing, foregoing if the Servicer shall not be GM FinancialAmeriCredit, a successor to GM Financial AmeriCredit as Servicer including the backup servicer permitted by Section 9.3 shall not be liable for taxes levied or assessed against the Trust or claims against the Trust in respect of indemnification, or the fees and expenses referred to above.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (Americredit Financial Services Inc), Sale and Servicing Agreement (Americredit Financial Services Inc), Sale and Servicing Agreement (Americredit Financial Services Inc)
Total Servicing Fee; Payment of Certain Expenses by Servicer. On each Distribution Date, the Servicer shall be entitled to receive out of the Collection Account the Base Basic Servicing Fee and any Supplemental Servicing Fee for the related Collection Period (together, the “Servicing Fee”) pursuant to Section 5.7. The Servicer shall be required to pay all expenses incurred by it in connection with its activities under this Agreement (including taxes imposed on the Servicer, expenses incurred in connection with distributions and reports made by the Servicer to Noteholders or the Noteholders Insurer and all other fees and expenses of the Owner Trustee, the Collateral Agent, the Backup Servicer, the Trust Collateral Agent or the Trustee; provided, however, the Servicer shall not be required to pay except taxes levied or assessed against the Trust or Trust, and claims against the Trust in respect of indemnification unless such indemnification, which taxes and claims in respect of indemnification against the Trust are expressly stated to be for the account of GM FinancialAmeriCredit). The Servicer shall be liable for the fees and expenses of the Owner Trustee, the Backup Servicer, the Trust Collateral Agent, the Trustee, the Custodian Custodian, the Backup Servicer, the Collateral Agent, the Lockbox Bank (and any fees under the Lockbox Agreement) and the Independent Accountants. Notwithstanding the foregoing, if the Servicer shall not be GM FinancialAmeriCredit, a successor to GM Financial AmeriCredit as Servicer including the backup servicer permitted by Section 9.3 shall not be liable for taxes levied or assessed against the Trust or claims against the Trust in respect of indemnification, or the fees and expenses referred to above.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (Americredit Financial Services Inc), Sale and Servicing Agreement (Americredit Financial Services Inc), Sale and Servicing Agreement (Americredit Financial Services Inc)
Total Servicing Fee; Payment of Certain Expenses by Servicer. On each Distribution Date, the Servicer shall be entitled to receive out of the Collection Account the Base Servicing Fee and any Supplemental Servicing Fee for the related Collection Period (together, the “Servicing Fee”) pursuant to Section 5.75.5. The Servicer shall be required to pay all expenses incurred by it in connection with its activities under this Agreement (including taxes imposed on the Servicer, expenses incurred in connection with distributions and reports made by the Servicer to the Noteholders and all other fees and expenses of the Owner Trustee, the Administrative Agent, the Backup Servicer, the Trust Collateral Agent or the Trustee; provided, however, the Servicer shall not be required to pay except taxes levied or assessed against the Trust or Trust, and claims against the Trust in respect of indemnification unless such indemnification, which taxes and claims in respect of indemnification against the Trust are expressly stated to be for the account of GM FinancialAmeriCredit). The Servicer shall be liable for the fees and expenses of the Owner Trustee, the Backup Servicer, the Trust Collateral Agent, the Trustee, the Custodian Custodian, the Collateral Agent, the Lockbox Bank (and any fees under the Lockbox Agreement) and the Independent Accountants. Notwithstanding the foregoing, if the Servicer shall not be GM FinancialAmeriCredit, a successor to GM Financial AmeriCredit as Servicer including the Backup Servicer permitted by Section 9.3 8.3 shall not be liable for taxes levied or assessed against the Trust or claims against the Trust in respect of indemnification, or the fees and expenses referred to above.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (Americredit Corp), Sale and Servicing Agreement (Americredit Corp), Sale and Servicing Agreement (Americredit Corp)
Total Servicing Fee; Payment of Certain Expenses by Servicer. On each Distribution Date, the Servicer shall be entitled to receive out of the Collection Account the Base Servicing Fee and any Supplemental Servicing Fee for the related Collection Period (together, the “Servicing Fee”) pursuant to Section 5.7. The Servicer shall be required to pay all expenses incurred by it in connection with its activities under this Agreement (including taxes imposed on the Servicer, expenses incurred in connection with distributions and reports made by the Servicer to the Noteholders and all other fees and expenses of the Owner Trustee, the Trust Collateral Agent or the Trustee; provided, however, the Servicer shall not be required to pay taxes levied or assessed against the Trust or claims against the Trust in respect of indemnification unless such taxes and claims are expressly stated to be for the account of GM FinancialAmeriCredit). The Servicer shall be liable for the fees and expenses of the Owner Trustee, the Trust Collateral Agent, the Trustee, the Custodian Custodian, [the Lockbox Bank (and any fees under the Lockbox Account Agreement), the Lockbox Processor (and any fees under the Lockbox Processing Agreement)] and the Independent Accountants. Notwithstanding the foregoing, if the Servicer shall not be GM FinancialAmeriCredit, a successor to GM Financial AmeriCredit as Servicer permitted by Section 9.3 shall not be liable for taxes levied or assessed against the Trust or claims against the Trust in respect of indemnification, or the fees and expenses referred to above.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (AFS SenSub Corp.), Sale and Servicing Agreement (AFS SenSub Corp.)
Total Servicing Fee; Payment of Certain Expenses by Servicer. On each Distribution Date, the Servicer shall be entitled to receive out of the Collection Account the Base Servicing Fee and any Supplemental Servicing Fee for the related Collection Period (together, the “Servicing Fee”) pursuant to Section 5.7. The Servicer shall be required to pay all expenses incurred by it in connection with its activities under this Agreement (including taxes imposed on the Servicer, expenses incurred in connection with distributions and reports made by the Servicer to the Noteholders or the Insurer and all other fees and expenses of the Owner Trustee, the Collateral Agent, the Backup Servicer, the Trust Collateral Agent or the Trustee; provided, however, the Servicer shall not be required to pay except taxes levied or assessed against the Trust or Trust, and claims against the Trust in respect of indemnification unless such indemnification, which taxes and claims in respect of indemnification against the Trust are expressly stated to be for the account of GM FinancialAmeriCredit). The Servicer shall be liable for the fees and expenses of the Owner Trustee, the Backup Servicer, the Trust Collateral Agent, the Trustee, the Custodian Custodian, the Collateral Agent, the Lockbox Bank (and any fees under the Lockbox Agreement) and the Independent Accountants. Notwithstanding the foregoing, if the Servicer shall not be GM FinancialAmeriCredit, a successor to GM Financial AmeriCredit as Servicer including the Backup Servicer permitted by Section 9.3 shall not be liable for taxes levied or assessed against the Trust or claims against the Trust in respect of indemnification, or the fees and expenses referred to above.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (AmeriCredit Automobile Receivables Trust 2008-a-F), Sale and Servicing Agreement (AFS SenSub Corp.)
Total Servicing Fee; Payment of Certain Expenses by Servicer. On each Distribution Date, the Servicer shall be entitled to receive out of the Collection Account the Base Basic Servicing Fee and any Supplemental Servicing Fee for the related Collection Period (together, the “Servicing Fee”) pursuant to Section 5.7. The Servicer shall be required to pay all expenses incurred by it in connection with its activities under this Agreement (including taxes imposed on the Servicer, expenses incurred in connection with distributions and reports made by the Servicer to Securityholders or the Noteholders Insurer and all other fees and expenses of the Owner Trustee, the Trust Collateral Agent or the Trustee; provided, however, the Servicer shall not be required to pay except taxes levied or assessed against the Trust or Trust, and claims against the Trust in respect of indemnification unless such indemnification, which taxes and claims in respect of indemnification against the Trust are expressly stated to be for the account of GM FinancialAmeriCredit). The Servicer shall be liable for the fees and expenses of the Owner Trustee, the Trust Collateral Agent, the Trustee, the Custodian Custodian, the Backup Servicer, the Collateral Agent, the Lockbox Bank (and any fees under the Lockbox Agreement) and the Independent Accountants. Notwithstanding the foregoing, foregoing if the Servicer shall not be GM FinancialAmeriCredit, a successor to GM Financial AmeriCredit as Servicer including the backup servicer permitted by Section 9.3 10.3 shall not be liable for taxes levied or assessed against the Trust or claims against the Trust in respect of indemnification, or the fees and expenses referred to above.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Americredit Financial Services Inc), Sale and Servicing Agreement (Americredit Financial Services Inc)
Total Servicing Fee; Payment of Certain Expenses by Servicer. On each Distribution Date, the Servicer shall be entitled to receive out of the Collection Account the Base Basic Servicing Fee and any Supplemental Servicing Fee for the related Collection Monthly Period (together, the “Servicing Fee”) pursuant to Section 5.74.6. The Servicer shall be required to pay all expenses incurred by it in connection with its activities under this Agreement (including taxes imposed on the Servicer, expenses incurred in connection with distributions and reports made by to Certificateholders, Noteholders and the Servicer to the Noteholders Security Insurer and all other fees and expenses of the Owner TrusteeTrust, the Trust Collateral Agent or the Trustee; provided, however, the Servicer shall not be required to pay including taxes levied or assessed against the Trust or Trust, and claims against the Trust in respect of indemnification indemnification, unless such taxes and fees, expenses or claims in respect of indemnification are expressly stated to be for the account of GM FinancialOFL or not to be for the account of the Servicer). The Servicer shall be liable for the fees and expenses of the Owner Trustee, the Trust Administrator, the Indenture Collateral Agent, the Indenture Trustee, the Custodian Custodian, the Backup Servicer, the Collateral Agent, the Lockbox Bank (and any fees under the Lockbox Agreement) and the Independent Accountants. Notwithstanding the foregoing, if the Servicer shall not be GM FinancialOFL, a successor to GM Financial OFL as Servicer permitted by Section 9.3 7.2 or an Affiliate of any of the foregoing, such Servicer shall not be liable for taxes levied or assessed against the Trust or claims against the Trust in respect of indemnification, or the fees and expenses referred to above.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Olympic Receivables Finance Corp), Sale and Servicing Agreement (Olympic Receivables Finance Corp)
Total Servicing Fee; Payment of Certain Expenses by Servicer. On each Distribution Date, the Servicer shall be entitled to receive out of the Collection Account the Base Servicing Fee and any Supplemental Servicing Fee for the related Collection Period (together, the “"Servicing Fee”") for the related Due Period pursuant to Section 5.7. The Servicer shall be required to pay all expenses incurred by it in connection with its activities under this Agreement (including taxes imposed on the Servicer, fees and expenses of any Sub-Servicer, expenses incurred in connection with distributions and reports made by the Servicer to Noteholders or the Noteholders Insurer and all other fees and expenses of the Owner Trustee, the Trust Collateral Agent or the Trustee; provided, however, the Servicer shall not be required to pay except taxes levied or assessed against the Trust or Trust, and claims against the Trust in respect of indemnification unless such indemnification, which taxes and claims in respect of indemnification against the Trust are expressly stated to be for the account of GM Financial)NAFI) and shall not be entitled to reimbursement therefor except as specifically provided herein. The Servicer shall be liable for the fees fees, charges and expenses of the Owner Trustee, the Trust Collateral Agent, the Trustee, the Custodian Custodian, the Collateral Agent, the Lockbox Bank, any Sub-Servicer and their respective agents (and any fees under the Independent Accountants. Notwithstanding the foregoing, if the Servicer shall not be GM Financial, a successor to GM Financial as Servicer permitted by Section 9.3 shall not be liable for taxes levied or assessed against the Trust or claims against the Trust in respect of indemnification, or the fees and expenses referred to aboveLockbox Agreement).
Appears in 2 contracts
Samples: Sale and Servicing Agreement (National Auto Finance Co Inc), Sale and Servicing Agreement (National Financial Auto Funding Trust)
Total Servicing Fee; Payment of Certain Expenses by Servicer. On each Distribution Date, the Servicer shall be entitled to receive out of the Collection Account the Base Servicing Fee and any Supplemental Servicing Fee for the related Collection Period (together, the “Servicing Fee”) pursuant to Section 5.7. The Servicer shall be required to pay all expenses incurred by it in connection with its activities under this Agreement (including taxes imposed on the Servicer, expenses incurred in connection with distributions and reports made by the Servicer to Noteholders or the Noteholders Insurer and all other fees and expenses of the Owner Trustee, the Collateral Agent, the Backup Servicer, the Trust Collateral Agent or the Trustee; provided, however, the Servicer shall not be required to pay except taxes levied or assessed against the Trust or Trust, and claims against the Trust in respect of indemnification unless such indemnification, which taxes and claims in respect of indemnification against the Trust are expressly stated to be for the account of GM FinancialAmeriCredit). The Servicer shall be liable for the fees and expenses of the Owner Trustee, the Backup Servicer, the Trust Collateral Agent, the Trustee, the Custodian Custodian, the Collateral Agent, the Lockbox Bank (and any fees under the Lockbox Agreement) and the Independent Accountants. Notwithstanding the foregoing, if the Servicer shall not be GM FinancialBack to Contents AmeriCredit, a successor to GM Financial AmeriCredit as Servicer including the Backup Servicer permitted by Section 9.3 shall not be liable for taxes levied or assessed against the Trust or claims against the Trust in respect of indemnification, or the fees and expenses referred to above.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Americredit Automobile Receivables Trust 2004-a-F)
Total Servicing Fee; Payment of Certain Expenses by Servicer. On each Distribution Remittance Date, the Servicer shall to the extent provided in Section 2.3 of the Security Agreement be entitled to receive out of the Collection Account the Base Servicing Fee and any Supplemental Servicing Fee for the related Collection Period (together, the “Servicing Fee”) pursuant to Section 5.7Settlement Period. The Servicer shall be required to pay all expenses incurred by it in connection with its activities under this Agreement (including taxes imposed on the Servicer, expenses incurred in connection with distributions and reports made by the Servicer to the Noteholders Secured Parties and all other fees and expenses of the Owner TrusteeAgent, the Trust Backup Servicer, the Collateral Agent or the Owner Trustee; provided, however, the Servicer shall not be required to pay except taxes levied or assessed against the Trust or Trust, and claims against the Trust in respect of indemnification unless such indemnification, which taxes and claims in respect of indemnification against the Trust are expressly stated to be for the account of GM FinancialAmeriCredit). The Servicer shall be liable for the fees and expenses of the Backup Servicer, the Owner Trustee, the Trust Custodian, the Collateral Agent, the Trustee, Lock-Box Bank (and any fees under the Custodian Lock-Box Agreement) and the Independent Accountants. Notwithstanding the foregoing, if the Servicer shall not be GM FinancialAmeriCredit, a successor to GM Financial AmeriCredit as Servicer including the Backup Servicer permitted by Section 9.3 4.3 shall not be liable for taxes levied or assessed against the Trust or claims against the Trust in respect of indemnification, or the fees and expenses referred to above.
Appears in 1 contract
Samples: Servicing and Custodian Agreement (Americredit Corp)
Total Servicing Fee; Payment of Certain Expenses by Servicer. On each Distribution Date, the Servicer shall be entitled to receive out of the Collection Account the Base Basic Servicing Fee and any Supplemental Servicing Fee for the related Collection Monthly Period (together, the “Servicing Fee”) pursuant to Section 5.74.6. The Servicer shall be required to pay all expenses incurred by it in connection with its activities under this Agreement (including taxes imposed on the Servicer), expenses incurred in connection with distributions and reports made by the Servicer to the Certificateholders and Noteholders and all other fees and expenses of the Owner TrusteeTrust, the Trust Collateral Agent or the Trustee; provided, however, the Servicer shall not be required to pay including taxes levied or assessed against the Trust or Trust, and claims against the Trust in respect of indemnification indemnification, unless such taxes and fees, expenses or claims in respect of indemnification are expressly stated to be for the account of GM Financial)AFL or not to be for the account of the Servicer. The Servicer shall be liable for the fees and expenses of the Owner Trustee, the Trust Collateral AgentAdministrator, the Indenture Trustee, the Custodian Custodian, the Backup Servicer, the Lockbox Bank (and any fees under the Lockbox Agreement) and the Independent Accountants. Notwithstanding the foregoing, if the Servicer shall not be GM FinancialAFL, a successor to GM Financial AFL as Servicer permitted by Section 9.3 7.2 or an Affiliate of any of the foregoing, such Servicer shall not be liable for taxes levied or assessed against the Trust or claims against the Trust in respect of indemnification, or the fees and expenses referred to above.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Arcadia Financial LTD)
Total Servicing Fee; Payment of Certain Expenses by Servicer. On each Distribution Date, the Servicer shall be entitled to receive out of the Collection Account the Base Servicing Fee and any Supplemental Servicing Fee for the related Collection Period (together, the “Servicing Fee”) pursuant to Section 5.7. The Servicer shall be required to pay all expenses incurred by it in connection with its activities under this Agreement (including taxes imposed on the Servicer, expenses incurred in connection with distributions and reports made by the Servicer to Holders or the Noteholders Insurer and all other fees and expenses of the Owner Trustee, the Collateral Agent, the Backup Servicer, the Designated Backup Subservicer, the Trust Collateral Agent or the Trustee; provided, however, the Servicer shall not be required to pay except taxes levied or assessed against the Trust or Trust, and claims against the Trust in respect of indemnification unless such indemnification, which taxes and claims in respect of indemnification against the Trust are expressly stated to be for the account of GM FinancialUACC). The Servicer shall be liable for the fees and expenses of the Owner Trustee, the Backup Servicer, the Designated Backup Subservicer, the Trust Collateral Agent, the Trustee, the Custodian Collateral Agent and the Independent Accountants. Notwithstanding the foregoing, if the Servicer shall not be GM FinancialUACC, a successor to GM Financial UACC as Servicer including the Backup Servicer or the Designated Backup Subservicer permitted by Section 9.3 shall not be liable for taxes levied or assessed against the Trust or claims against the Trust in respect of indemnification, or the fees and expenses referred to above.
Appears in 1 contract
Samples: Sale and Servicing Agreement (UPFC Auto Receivables Trust 2007-B)
Total Servicing Fee; Payment of Certain Expenses by Servicer. On each Distribution Date, the Servicer shall be entitled to receive out of the Collection Account the Base Basic Servicing Fee and any Supplemental Servicing Fee for the related Collection Period (together, the “Servicing Fee”) pursuant to Section 5.75.5. The Servicer shall be required to pay all expenses incurred by it in connection with its activities under this Agreement (including taxes imposed on the Servicer, expenses incurred in connection with distributions and reports made by the Servicer to Certificateholders or the Noteholders Security Insurer and all other fees and expenses of the Owner Trustee, the Trust Collateral Agent or the Trustee; provided, however, the Servicer shall not be required to pay except taxes levied or assessed against the Trust or Trust, and claims against the Trust in respect of indemnification unless such indemnification, which taxes and claims in respect of indemnification against the Trust are expressly stated to be for the account of GM FinancialAmeriCredit). The Servicer shall be liable for the fees and expenses of the Owner Trustee, the Trust Custodian, the Backup Servicer, the Collateral Agent, the Trustee, Lockbox Bank (and any fees under the Custodian Lockbox Agreement) and the Independent Accountants. Notwithstanding the foregoing, foregoing if the Servicer shall not be GM FinancialAmeriCredit, a successor to GM Financial AmeriCredit as Servicer permitted by Section 9.3 9.2 shall not be liable for taxes levied or assessed against the Trust or claims against the Trust in respect of indemnification, or the fees and expenses referred to above.
Appears in 1 contract
Total Servicing Fee; Payment of Certain Expenses by Servicer. On each Distribution Date, the Servicer shall be entitled to receive out of the Collection Account the Base Basic Servicing Fee and any Supplemental Servicing Fee for the related Collection Monthly Period (together, the “Servicing Fee”) pursuant to Section 5.74.6. The Servicer shall be required to pay all expenses incurred by it in connection with its activities under this Agreement (including taxes imposed on the Servicer), expenses incurred in connection with distributions and reports made by the Servicer to the Certificateholders and Noteholders and all other fees and expenses of the Owner TrusteeTrust, the Trust Collateral Agent or the Trustee; provided, however, the Servicer shall not be required to pay including taxes levied or assessed against the Trust or Trust, and claims against the Trust in respect of indemnification indemnification, unless such taxes and fees, expenses or claims in respect of indemnification are expressly stated to be for the account of GM Financial)OFL or not to be for the account of the Servicer. The Servicer shall be liable for the fees and expenses of the Owner Trustee, the Trust Collateral AgentAdministrator, the Indenture Trustee, the Custodian Custodian, the Backup Servicer, the Lockbox Bank (and any fees under the Lockbox Agreement) and the Independent Accountants. Notwithstanding the foregoing, if the Servicer shall not be GM FinancialOFL, a successor to GM Financial OFL as Servicer permitted by Section 9.3 7.2 or an Affiliate of any of the foregoing, such Servicer shall not be liable for taxes levied or assessed against the Trust or claims against the Trust in respect of indemnification, or the fees and expenses referred to above.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Olympic Financial LTD)
Total Servicing Fee; Payment of Certain Expenses by Servicer. On each Distribution Date, the Servicer shall be entitled to receive out of the Collection Account the Base Basic Servicing Fee and any Supplemental Servicing Fee for the related Collection Monthly Period (together, the “Servicing Fee”) pursuant to Section 5.74.6. The Servicer shall be required to pay all expenses incurred by it in connection with its activities under this Agreement (including taxes imposed on the Servicer, expenses incurred in connection with distributions and reports made by the Servicer to Noteholders or the Noteholders Security Insurer and all other fees and expenses of the Owner TrusteeIssuer, the Trust Collateral Agent or the Trustee; provided, however, the Servicer shall not be required to pay except taxes levied or assessed against the Trust or Issuer, and claims against the Trust Issuer in respect of indemnification, which taxes and claims in respect of indemnification unless such taxes and claims against the Issuer are expressly stated to be for the account of GM FinancialAFS). The Servicer shall be liable for the fees and expenses of the Owner TrusteeIssuer, the Trust Indenture Collateral Agent, the Trustee, the Custodian Custodian, the Backup Servicer, the Collateral Agent, the Lockbox Bank (and any fees under the Lockbox Agreement) and the Independent Accountants. Notwithstanding the foregoing, foregoing if the Servicer shall not be GM FinancialAFS, a successor to GM Financial AFS as Servicer permitted by Section 9.3 7.2 shall not be liable for taxes levied or assessed against the Trust Issuer or claims against the Trust Issuer in respect of indemnification, or the fees and expenses referred to above.
Appears in 1 contract
Total Servicing Fee; Payment of Certain Expenses by Servicer. On each Distribution Date, the Servicer shall be entitled to receive out of the Collection Account the Base Servicing Fee and any Supplemental Servicing Fee for the related Collection Period (together, the “"Servicing Fee”") for the related Due Period pursuant to Section 5.7. The Servicer shall be required to pay all expenses incurred by it in connection with its activities under this Agreement (including taxes imposed on the Servicer, fees and expenses of any Sub-Servicer, expenses incurred in connection with distributions and reports made by the Servicer to Noteholders or the Noteholders Insurer and all other fees and expenses of the Owner Trustee, the Custodian, the Trust Collateral Agent Agent, the Backup Servicer, the Lockbox Bank or the Trustee; provided, however, the Servicer shall not be required to pay except taxes levied or assessed against the Trust or Trust, and claims against the Trust in respect of indemnification unless such indemnification, which taxes and claims in respect of indemnification against the Trust are expressly stated to be for the account of GM Financial)NAFI) and shall not be entitled to reimbursement therefor except as specifically provided herein. The Servicer shall be liable for the fees fees, charges and expenses of the Owner Trustee, the Trust Collateral Agent, the Trustee, the Custodian Custodian, the Collateral Agent, the Lockbox Bank, any Sub-Servicer or Backup Servicer and their respective agents (and any fees under the Independent Accountants. Notwithstanding the foregoing, if the Servicer shall not be GM Financial, a successor to GM Financial as Servicer permitted by Section 9.3 shall not be liable for taxes levied or assessed against the Trust or claims against the Trust in respect of indemnification, or the fees and expenses referred to aboveLockbox Agreement).
Appears in 1 contract
Samples: Sale and Servicing Agreement (National Auto Finance Co Inc)
Total Servicing Fee; Payment of Certain Expenses by Servicer. On each Distribution Date, the Servicer shall be entitled to receive out of the Collection Account the Base Basic Servicing Fee and any Supplemental Servicing Fee for the related Collection Monthly Period (together, the “Servicing Fee”) pursuant to Section 5.74.6. The Servicer shall be required to pay all expenses incurred by it in connection with its activities under this Agreement (including taxes imposed on the Servicer, expenses incurred in connection with distributions and reports made by to Noteholders and the Servicer to the Noteholders Security Insurer and all other fees and expenses of the Owner TrusteeTrust, the Trust Collateral Agent or the Trustee; provided, however, the Servicer shall not be required to pay including taxes levied or assessed against the Trust or Trust, and claims against the Trust in respect of indemnification indemnification, unless such taxes and fees, expenses or claims in respect of indemnification are expressly stated to be for the account of GM FinancialAFL or not to be for the account of the Servicer). The Servicer shall be liable for the fees and expenses of the Owner Trustee, the Trust Administrator, the Indenture Collateral Agent, the Indenture Trustee, the Custodian Custodian, the Backup Servicer, the Collateral Agent, the Lockbox Bank (and any fees under the Lockbox Agreement) and the Independent Accountants. Notwithstanding the foregoing, if the Servicer shall not be GM FinancialAFL, a successor to GM Financial AFL as Servicer permitted by Section 9.3 7.2 or an - 41 - Affiliate of any of the foregoing, such Servicer shall not be liable for taxes levied or assessed against the Trust or claims against the Trust in respect of indemnification, or the fees and expenses referred to above.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Arcadia Receivables Finance Corp)
Total Servicing Fee; Payment of Certain Expenses by Servicer. On each Distribution Date, the Servicer shall be entitled to receive out of the Collection Account the Base Basic Servicing Fee and any Supplemental Servicing Fee for the related Collection Monthly Period (together, the “Servicing Fee”) pursuant to Section 5.74.6. The Servicer shall be required to pay all expenses incurred by it in connection with its activities under this Agreement (including taxes imposed on the Servicer, expenses incurred in connection with distributions and reports made by to Noteholders and the Servicer to the Noteholders Security Insurer and all other fees and expenses of the Owner TrusteeTrust, the Trust Collateral Agent or the Trustee; provided, however, the Servicer shall not be required to pay including taxes levied or assessed against the Trust or Trust, and claims against the Trust in respect of indemnification indemnification, unless such taxes and fees, expenses or claims in respect of indemnification are expressly stated to be for the account of GM FinancialAFL or not to be for the account of the Servicer). The Servicer shall be liable for the fees and expenses of the Owner Trustee, the Trust Administrator, the Indenture Collateral Agent, the Indenture Trustee, the Custodian Custodian, the Backup Servicer, the Collateral Agent, the Lockbox Bank (and any fees under the Lockbox Agreement) and the Independent Accountants. Notwithstanding the foregoing, if the Servicer shall not be GM FinancialAFL, a successor to GM Financial AFL as Servicer permitted by Section 9.3 7.2 or an - 42 - Affiliate of any of the foregoing, such Servicer shall not be liable for taxes levied or assessed against the Trust or claims against the Trust in respect of indemnification, or the fees and expenses referred to above.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Arcadia Receivables Finance Corp)
Total Servicing Fee; Payment of Certain Expenses by Servicer. On each Distribution Date, the Servicer shall be entitled to receive out of the Collection Account the Base Basic Servicing Fee and any Supplemental Servicing Fee for the related Collection Monthly Period (together, the “Servicing Fee”) pursuant to Section 5.73.6. The Servicer shall be required to pay all expenses incurred by it in connection with its activities under this Agreement (including taxes imposed on the Servicer, expenses incurred in connection with distributions and reports made by to Noteholders and the Servicer to the Noteholders Security Insurer and all other fees and expenses of the Owner TrusteeIssuer, the Trust Collateral Agent or the Trustee; provided, however, the Servicer shall not be required to pay taxes levied or assessed against the Trust or including claims against the Trust Issuer in respect of indemnification, unless such fees, expenses or claims in respect of indemnification unless such taxes and claims are expressly stated to be for the account of GM FinancialOFL or not to be for the account of the Servicer). The Servicer shall be liable for the fees and expenses of the Owner Indenture Trustee, the Trust Custodian, the Backup Servicer, the Collateral Agent, the Trustee, Lockbox Bank (and any fees under the Custodian Lockbox Agreement) and the Independent Accountants. Notwithstanding the foregoing, if the Servicer shall not be GM FinancialOFL, a successor to GM Financial OFL as Servicer permitted by Section 9.3 4.2 or an Affiliate of any of the foregoing, such Servicer shall not be liable for taxes levied or assessed against the Trust or claims against the Trust Issuer in respect of indemnification, or the fees and expenses referred to above.
Appears in 1 contract
Total Servicing Fee; Payment of Certain Expenses by Servicer. On each Distribution Date, the Servicer shall be entitled to receive out of the Collection Account the Base Basic Servicing Fee and any Supplemental Servicing Fee for the related Collection Monthly Period (together, the “Servicing Fee”) pursuant to Section 5.74.6. The Servicer shall be required to pay all expenses incurred by it in connection with its activities under this Agreement (including taxes imposed on the Servicer, expenses incurred in connection with distributions and reports made by to Noteholders and the Servicer to the Noteholders Security Insurer and all other fees and expenses of the Owner TrusteeIssuer, the Trust Collateral Agent or the Trustee; provided, however, the Servicer shall not be required to pay taxes levied or assessed against the Trust or including claims against the Trust Issuer in respect of indemnification, unless such fees, expenses or claims in respect of indemnification unless such taxes and claims are expressly stated to be for the account of GM FinancialAFL or not to be for the account of the Servicer). The Servicer shall be liable for the fees and expenses of the Owner Trustee, the Trust Indenture Trustee, the Custodian, the Backup Servicer, the Collateral Agent, the Trustee, Lockbox Bank (and any fees under the Custodian Lockbox Agreement) and the Independent Accountants. Notwithstanding the foregoing, if the Servicer shall not be GM FinancialAFL, a successor to GM Financial AFL as Servicer permitted by Section 9.3 5.2 or an Affiliate of any of the foregoing, such Servicer shall not be liable for taxes levied or assessed against the Trust or claims against the Trust Issuer in respect of indemnification, or the fees and expenses referred to above.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Arcadia Financial LTD)
Total Servicing Fee; Payment of Certain Expenses by Servicer. (a) On each Distribution Date, the Servicer shall be entitled to receive out of the Collection Account the Base Servicing Fee and any Supplemental Servicing Fee for the related Collection Period (together, the “Servicing Fee”) pursuant to Section 5.7. The Servicer shall be required to pay all expenses incurred by it in connection with its activities under this Agreement (including taxes imposed on the Servicer, expenses incurred in connection with distributions and reports made by the Servicer to the Noteholders and all other fees and expenses of the Owner Trustee, the Trust Collateral Agent or the Trustee; provided, however, the Servicer shall not be required to pay taxes levied or assessed against the Trust or claims against the Trust in respect of indemnification unless such taxes and claims are expressly stated to be for the account of GM Financial). The Servicer shall be liable for the fees and expenses of the Owner Trustee, the Trust Collateral Agent, the Trustee, the Custodian and the Independent Accountants. Notwithstanding the foregoing, if the Servicer shall not be GM FinancialMercury Finance, a successor to GM Financial Mercury Finance as Servicer including the Designated Backup Servicer permitted by Section 9.3 shall not be liable for taxes levied or assessed against the Trust or claims against the Trust in respect of indemnification, or the fees and expenses referred to above.
(b) The Servicer shall be required to pay all expenses incurred by it in connection with its activities under this Agreement (including taxes imposed on the Servicer). The Servicer shall be liable for the fees and expenses of the Backup Servicer, the Designated Backup Subservicer and Sub-Servicer, the Lockbox Bank (and any fees under the Lockbox Agreement), the Blocked Account Banks (and any fees under the Blocked Account Agreements), the Custodian, the Trust Collateral Agent, the Collateral Agent and the Independent Accountants, to the extent such amounts have not been paid in accordance with the Sale and Servicing Agreement.
Appears in 1 contract
Total Servicing Fee; Payment of Certain Expenses by Servicer. (a) On each Distribution Date, the Servicer shall be entitled to receive out of the Collection Account the Base Servicing Fee and any Supplemental Servicing Fee for the related Collection Period (together, the “Servicing Fee”) pursuant to Section 5.7. The Servicer shall be required to pay all expenses incurred by it in connection with its activities under this Agreement (including taxes imposed on the Servicer, expenses incurred in connection with distributions and reports made by the Servicer to the Noteholders and all other fees and expenses of the Owner Trustee, the Trust Collateral Agent or the Trustee; provided, however, the Servicer shall not be required to pay taxes levied or assessed against the Trust or claims against the Trust in respect of indemnification unless such taxes and claims are expressly stated to be for the account of GM Financial). The Servicer shall be liable for the fees and expenses of the Owner Trustee, the Trust Collateral Agent, the Trustee, the Custodian and the Independent Accountants. Notwithstanding the foregoing, if the Servicer shall not be GM FinancialMercury Finance, a successor to GM Financial Mercury Finance as Servicer permitted by Section 9.3 shall not be liable for taxes levied or assessed against the Trust or claims against the Trust in respect of indemnification, or the fees and expenses referred to above.
(b) The Servicer shall be required to pay all expenses incurred by it in connection with its activities under this Agreement (including taxes imposed on the Servicer). The Servicer shall be liable for the fees and expenses of the Backup Servicer, the Lockbox Bank (and any fees under the Lockbox Agreement), the Blocked Account Banks (and any fees under the Blocked Account Agreements), the Custodian, the Trust Collateral Agent, the Collateral Agent and the Independent Accountants, to the extent such amounts have not been paid in accordance with the Sale and Servicing Agreement.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc)
Total Servicing Fee; Payment of Certain Expenses by Servicer. On each Distribution Date, the Servicer shall be entitled to receive out of the Collection Account the Base Basic Servicing Fee and any Supplemental Servicing Fee for the related Collection Period (together, the “Servicing Fee”) pursuant to Section 5.7. The Servicer shall be required to pay all expenses incurred by it in connection with its activities under this Agreement (including taxes imposed on the Servicer, expenses incurred in connection with distributions and reports made by the Servicer to Noteholders or the Noteholders Insurer and all other fees and expenses of the Owner Trustee, the Trust Collateral Agent or the Trustee; provided, however, the Servicer shall not be required to pay except taxes levied or assessed against the Trust or Trust, and claims against the Trust in respect of indemnification unless such indemnification, which taxes and claims in respect of indemnification against the Trust are expressly stated to be for the account of GM FinancialAmeriCredit). The Servicer shall be liable for the fees and expenses of the Owner Trustee, the Trust Collateral Agent, the Trustee, the Custodian Custodian, the Backup Servicer, the Collateral Agent, the Lockbox Bank (and any fees under the Lockbox Agreement) and the Independent Accountants. Notwithstanding the foregoing, foregoing if the Servicer shall not be GM FinancialAmeriCredit, a successor to GM Financial AmeriCredit as Servicer including the backup servicer permitted by Section 9.3 shall not be liable for taxes levied or assessed against the Trust or claims against the Trust in respect of indemnification, or the fees and expenses referred to above.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Americredit Financial Services Inc)
Total Servicing Fee; Payment of Certain Expenses by Servicer. On each Distribution Date, the Servicer shall be entitled to receive out of the Collection Account the Base Servicing Fee and any Supplemental Servicing Fee for the related Collection Period (together, the “Servicing Fee”) pursuant to Section 5.75.5. The Servicer shall be required to pay all expenses incurred by it in connection with its activities under this Agreement (including taxes imposed on the Servicer, expenses incurred in connection with distributions and reports made by the Servicer to the Noteholders and all other fees and expenses of the Owner Trustee, the Administrative Agent, the Backup Servicer, the Trust Collateral Agent or the Trustee; provided, however, the Servicer shall not be required to pay except taxes levied or assessed against the Trust or Trust, and claims against the Trust in respect of indemnification unless such indemnification, which taxes and claims in respect of indemnification against the Trust are expressly stated to be for the account of GM FinancialAmeriCredit). The Servicer shall be liable for the fees and expenses of the Owner Trustee, the Backup Servicer, the Trust Collateral Agent, the Trustee, the Custodian Custodian, the Collateral Agent, the Lockbox Bank and the Independent Accountants. Notwithstanding the foregoing, if the Servicer shall not be GM FinancialAmeriCredit, a successor to GM Financial AmeriCredit as Servicer including the Backup Servicer permitted by Section 9.3 8.3 shall not be liable for taxes levied or assessed against the Trust or claims against the Trust in respect of indemnification, or the fees and expenses referred to above.
Appears in 1 contract