Transfers of Servicing. (a) The Parties hereby agree that any voluntary or involuntary transfers of Subject Servicing (i) between a PFI of an MPF Bank to a PFI of a different MPF Bank, (ii) from any Person acting as a receiver, trustee or conservator (or similar function) of a PFI of an MPF Bank to a PFI of a different MPF Bank, or (iii) from an MPF Bank to a PFI of a different MPF Bank, shall all be generally in accordance with this Agreement and specifically in accordance with this ARTICLE VI and the related provisions of the FHLB Guide.
Transfers of Servicing. Servicer shall not pledge or assign this Agreement or its rights to the Servicing Fee or transfer the servicing hereunder or delegate its rights or duties hereunder without the prior written approval of Owner.
Transfers of Servicing. If there is a Transfer of Servicing for some or all of the Mortgages for which Designated Custodian holds the Notes, Designated Custodian will update its note tracking system and, if there is also a transfer of custody, cooperate with Seller/Servicer and Xxxxxxx Mac or the transferee Document Custodian to transfer custody of the Notes and any Assignments pursuant to the Guide and Section 2(d).
Transfers of Servicing. (a) In the event that Seller/Servicer transfers servicing of some or all of the Mortgages pursuant to the Guide, Seller/Servicer is responsible for meeting the requirements as set forth in the Guide outlining the document custody requirements for transfers of servicing, including the transfer of Notes and Assignments to the transferee seller/servicer and DCS or the transferee seller/servicer's approved custodian. Specifically, but not in limitation, for each transfer of servicing, the Seller/Servicer as transferor must execute and deliver a new original Custodial Certification Schedule to the transferee seller/servicer for execution by the transferee custodian, if applicable, and submission to Xxxxxxx Mac.
(b) If Seller/Servicer transfers the servicing for some or all of the Mortgages for which Custodian has possession of the Notes and Assignments, then Custodian is responsible for cooperating with Seller/Servicer and DCS or the transferee seller/servicer's custodian in the transfer of custody of the Notes and Assignments pursuant to the Guide and Section 2(g) hereinabove.
(c) No later than 30 days after the effective date of a transfer of servicing the Notes and Assignments related to the Mortgages for which servicing was transferred must be moved. If the transferee seller/servicer uses a document custodian, the Notes and Assignments must be transferred to the transferee seller/servicer's custodian. If the transferee seller/servicer does not use a document custodian, the Notes must be transferred to DCS and the Assignments transferred to the transferee seller/servicer.
Transfers of Servicing. Except as provided in this Agreement, Interim Servicer shall not pledge or assign this Agreement or its rights to the Servicing Fee or transfer the servicing hereunder or delegate its rights or duties hereunder without the prior written approval of Owner.
Transfers of Servicing. (a) In the event that Seller/Servicer transfers servicing of some or all of the Mortgages, such transfer shall be subject to approval under, and conducted pursuant to, Section 18.4(d) and other relevant Sections of the Guide and the Handbook.
(b) If Seller/Servicer transfers the servicing for some or all of the Mortgages for which Designated Custodian holds the Notes, then Designated Custodian shall cooperate with Seller/Servicer and DCO or the transferee seller/servicer's Custodian to transfer custody of the Notes and any Assignments pursuant to the Guide and Section 2(d).
(c) No later than 30 days after the Effective Date of a Transfer, the Notes and any Assignments relating to the affected Mortgages must be moved.
(d) Responsibilities of Designated Custodian with Respect to Transfers of Custody. Servicers may transfer custody of Note Files only, or Servicers may transfer servicing of Mortgages, which transfer of servicing results in a transfer of custody of the related Note Files (each, a “Transfer of Custody”).
(i) All Transfers of Servicing and Transfers of Custody will be subject to approval under, and conducted pursuant to, Sections 18.4(d) and 18.7 and other relevant sections of the Guide, and Chapter 5 of the Handbook, and Designated Custodian will cooperate with the Seller/Servicer and the transferee Custodian to transfer custody of Note Files pursuant to the Guide and as set forth in this Agreement. Within 30 days after the Effective Date of Transfer, Designated Custodian will deliver Note Files relating to the affected Mortgages to the transferee Custodian.
(ii) For Note Files received by Designated Custodian in a Transfer of Custody, Designated Custodian shall notify the transferor Custodian and any relevant transferor or transferee servicer within 35 days of the Effective Date of Transfer that it has received (but not verified or certified) boxes or envelopes that appear (through cursory inspection) to contain the transferred Note Files.
(iii) Upon a Transfer of Custody of Note Files to Designated Custodian, Designated Custodian as transferee Custodian will perform the verifications specified in Section 18.7 and Section 56.9 of the Guide with respect to each Note File received by it. For each Transfer of Servicing that results in a Transfer of Custody, the Seller/Servicer as transferee must deliver to Xxxxxxx Mac a Form 1034T, executed by the Transferor Servicer, transferor Custodian, Transferee Servicer and Designated Custodian as transferee...
Transfers of Servicing. (a) If requested by Capital One after the Closing Date, Ditech shall transfer the servicing rights and/or the servicing with respect to any or all of the Securitizations prior to the exercise of any related clean-up calls, to a third party servicer designated by Capital One; provided, however, that any such transfer shall, as a condition to the effectiveness thereof, be subject to the receipt of any necessary approvals or consents required to be obtained under the Operative 725351871 17540267 Agreements or any other applicable agreements; provided, further, that Capital One shall be solely responsible for all costs incurred by Ditech in connection with this Section 5(a), subject to the Expense Cap. For the avoidance of doubt, the foregoing shall not be construed as limiting any rights that Capital One may already have with respect to any Securitization. After the date on which servicing is transferred pursuant to a request by Capital One under this Section 5(a), Ditech’s obligations under the terms of each applicable Pooling and Servicing Agreement to pay any auction agent fees, broker dealer fees or any other fees and expenses of a third party shall be terminated and Capital One or the successor servicer shall assume such obligations and be solely responsible for the payment of any and all such fees or expenses. In connection with any such transfer Ditech shall provide customary representations and indemnifications to Capital One or its designee regarding the servicing rights (if applicable) and the prior servicing by Ditech of the applicable manufactured housing contracts, including but not limited to those set forth on Exhibit E.
(b) In connection with any such transfer of servicing with respect to the Securitizations prior to the exercise of the related Clean-up Call, Capital One or the successor servicer shall reimburse Ditech for (1) all outstanding advances made by Ditech in accordance with the terms of the applicable Pooling and Servicing Agreement and reimbursable to Ditech thereunder (collectively, the “Outstanding Advances”) and (2) any accrued and unpaid servicing fees with respect to the related Manufactured Housing Contracts owed to Ditech pursuant to the terms of the applicable Pooling and Servicing Agreement. Outstanding Advances consisting of principal and interest advances shall be set forth in a final remittance report (each, a “P&I Report”). Outstanding Advances consisting of protective advances shall be set forth in a separate report, ...
Transfers of Servicing. Except as provided in this Agreement, the Subservicer shall not pledge or assign this Agreement or its rights to the Servicing Fee or transfer the servicing hereunder or delegate its rights or duties hereunder without the prior written approval of each Owner.
Transfers of Servicing. Transfers of Servicing may occur that affect some or all of the Mortgages for which Document Custodian holds the Notes. Each Transfer of Servicing of Mortgages is subject to approval under, and must be conducted by Seller/Servicer and Document Custodian pursuant to, relevant sections of Chapters 18 and 56 of the Guide and Chapter 5 of the Handbook. Document Custodian must verify that Freddie Mac has approved a Transfer of Servicing prior to updating its note tracking system (if there is no transfer of custody) or releasing Notes: a copy of Form 960 or Form 981 is sufficient to evidence such approval.
Transfers of Servicing. Except as provided in Section 5.02, Servicer shall not assign this Agreement or the servicing hereunder or delegate its rights or duties hereunder or any portion thereof, without the prior written approval of the Company.
