Use of Subservicers and Servicing Participants. The Servicer shall use its best efforts to hire or otherwise utilize only the services of Subservicers that agree to comply with the provisions of paragraph (a) of this Section 9.5. The Servicer shall use its best efforts to hire or otherwise utilize only the services of Servicing Participants, and shall use its best efforts to ensure that Subservicers hire or otherwise utilize only the services of Servicing Participants, to fulfill any of the obligations of the Servicer as servicer under this Agreement, if those Servicing Participants agree to comply with the provisions of paragraph (b) of this Section 9.5. (a) It shall not be necessary for the Servicer to seek the consent of the Transferor to the utilization of any Subservicer. The Servicer shall use its best efforts to cause any Subservicer used by the Servicer (or by any Subservicer) for the benefit of the Transferor to comply with the provisions of this Section 9.5 and with Section 3.4, Section 9.2, Section 9.3(c) and (d) and Section 9.4(a)(i) and (ii) of this Agreement to the same extent as if such Subservicer were the Servicer. The Servicer shall be responsible for obtaining from each Subservicer and delivering to the Transferor any servicer compliance statement required to be delivered by such Subservicer under Section 3.4, any assessment of compliance and attestation required to be delivered by such Subservicer under Section 9.4(a)(i) or (ii) and the certification, if any, required to be delivered to the Person that will be responsible for signing the Sarbanes Certification under Section 9.4 as and when required to be delivered. (b) It shall not be necessary for the Servicer to seek the consent of the Transferor to the utilization of any Servicing Participant. The Servicer shall promptly upon request provide to each Transferor a written description (in form and substance satisfactory to the Transferor) of the role and function of each Servicing Participant utilized by the Servicer or any Subservicer, specifying (i) the identity of each such Servicing Participant and (ii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Servicing Participant. (c) As a condition to the utilization of any Servicing Participant, the Servicer shall use its best efforts to cause any such Servicing Participant used by the Servicer (or by any Subservicer) for the benefit of the Transferors to comply with the provisions of Section 9.4 of this Agreement to the same extent as if such Servicing Participant were the Servicer. The Servicer shall be responsible for obtaining from each Servicing Participant and delivering to the Transferors any assessment of compliance and attestation required to be delivered by such Servicing Participant under Section 9.4, in each case as and when required to be delivered.
Appears in 5 contracts
Samples: Servicing Agreement (American Express Receivables Financing Corp VIII LLC), Servicing Agreement (American Express Receivables Financing Corp VIII LLC), Servicing Agreement (American Express Receivables Financing Corp VIII LLC)
Use of Subservicers and Servicing Participants. The Servicer shall use its best efforts to hire or otherwise utilize only the services of Subservicers that agree to comply with the provisions of paragraph (a) of this Section 9.5Section. The Servicer shall use its best efforts to hire or otherwise utilize only the services of Servicing Participants, and shall use its best efforts to ensure that Subservicers hire or otherwise utilize only the services of Servicing Participants, to fulfill any of the obligations of the Servicer as servicer under this AgreementAgreement or any Supplement, if those Servicing Participants agree to comply with the provisions of paragraph (b) of this Section 9.5Section.
(a) It shall not be necessary for the Servicer to seek the consent of the Transferor Transferors to the utilization of any Subservicer. The Servicer shall use its best efforts to cause any Subservicer used by the Servicer (or by any Subservicer) for the benefit of the Transferor Transferors to comply with the provisions of this Section 9.5 and with Section 3.4Sections 3.05, Section 9.214.05, Section 9.3(c14.06(c) and (d) and Section 9.4(a)(i14.07(a)(i) and (ii) of this Agreement to the same extent as if such Subservicer were the Servicer. The Servicer shall be responsible for obtaining from each Subservicer and delivering to the Transferor Transferors any servicer compliance statement required to be delivered by such Subservicer under Section 3.43.05, any assessment of compliance and attestation required to be delivered by such Subservicer under Section 9.4(a)(i14.07(a)(i) or (ii) and the certification, if any, required to be delivered to the Person that will be responsible for signing the Sarbanes Certification under Section 9.4 14.07 as and when required to be delivered.
(b) It shall not be necessary for the Servicer to seek the consent of the Transferor Transferors to the utilization of any Servicing Participant. The Servicer shall promptly upon request provide to each Transferor the Transferors a written description (in form and substance satisfactory to the TransferorTransferors) of the role and function of each Servicing Participant utilized by the Servicer or any Subservicer, specifying (i) the identity of each such Servicing Participant and (ii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Servicing Participant.
(c) . As a condition to the utilization of any Servicing Participant, the Servicer shall use its best efforts to cause any such Servicing Participant used by the Servicer (or by any Subservicer) for the benefit of the Transferors to comply with the provisions of Section 9.4 Sections 14.07 of this Agreement to the same extent as if such Servicing Participant were the Servicer. The Servicer shall be responsible for obtaining from each Servicing Participant and delivering to the Transferors any assessment of compliance and attestation required to be delivered by such Servicing Participant under Section 9.414.07, in each case as and when required to be delivered.
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)
Use of Subservicers and Servicing Participants. The Servicer shall use its best efforts to hire or otherwise utilize only the services of Subservicers that agree to comply with the provisions of paragraph (a) of this Section 9.5Section. The Servicer shall use its best efforts to hire or otherwise utilize only the services of Servicing Participants, and shall use its best efforts to ensure that Subservicers hire or otherwise utilize only the services of Servicing Participants, to fulfill any of the obligations of the Servicer as servicer under this Agreement, any Supplement, the Indenture or any Indenture Supplement, if those Servicing Participants agree to comply with the provisions of paragraph (b) of this Section 9.5Section.
(a) It Except as may otherwise be required pursuant to Section 8.07, it shall not be necessary for the Servicer to seek the consent of the Transferor to the utilization of any Subservicer. The Servicer shall use its best efforts to cause any Subservicer used by the Servicer (or by any Subservicer) for the benefit of the Transferor to comply with the provisions of this Section 9.5 and with Section 3.4, Section 9.2, Section 9.3(cSections 3.05(a) and (d) b), 3.06(a), 14.05 and Section 9.4(a)(i) and (ii) 14.06 of this Agreement to the same extent as if such Subservicer were the Servicer; provided, however, that this sentence shall not apply to Section 3.05(a) for Subservicers that only meet the criteria in Section 1108(a)(2)(iv) of Regulation AB and do not meet the criteria in Section 1108(a)(2)(i) through (iii) of Regulation AB. The Servicer shall be responsible for obtaining from each Subservicer and delivering to the Transferor any servicer compliance statement required to be delivered by such Subservicer under Section 3.43.05(a), any assessment of compliance and attestation required to be delivered by such Subservicer under Section 9.4(a)(i) or (ii) 3.05(b), any attestation report required to be delivered by such Subservicer under Section 3.06(a), and the certification, if any, any certification required to be delivered to the Person that will be responsible for signing sign the Sarbanes Certification under Section 9.4 14.06, in each case as and when required to be delivereddelivered as determined by the Transferor.
(b) It Except as may otherwise be required pursuant to Section 8.07, it shall not be necessary for the Servicer to seek the consent of the Transferor to the utilization of any Servicing Participant. The Servicer shall promptly upon request provide to each the Transferor a written description (in form and substance satisfactory to the Transferor) of the role and function of each Servicing Participant utilized by the Servicer or any Subservicer, specifying (i) the identity of each such Servicing Participant and (ii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Servicing Participant.
(c) . As a condition to the utilization of any Servicing Participant, the Servicer shall use its best efforts to cause any such Servicing Participant used by the Servicer (or by any Subservicer) for the benefit of the Transferors Transferor to comply with the provisions of Section 9.4 Sections 3.05(b) and 3.06(a) of this Agreement to the same extent as if such Servicing Participant were the Servicer. The Servicer shall will be responsible for obtaining from each Servicing Participant and delivering to the Transferors Transferor any assessment of compliance required to be delivered by such Servicing Participant pursuant to Section 3.05(b) and attestation report required to be delivered by such Servicing Participant under Section 9.43.06(a), in each case as and when required to be delivered.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Cabela's Master Credit Card Trust), Pooling and Servicing Agreement (Cabela's Master Credit Card Trust), Pooling and Servicing Agreement (Cabela's Master Credit Card Trust)
Use of Subservicers and Servicing Participants. (a) The Servicer shall use its best efforts to hire or otherwise utilize only the services of Subservicers that agree to comply with the provisions of paragraph (a) of this Section 9.5Section. The Servicer shall use its best efforts to hire or otherwise utilize only the services of Servicing Participants, and shall use its best efforts to ensure that Subservicers hire or otherwise utilize only the services of Servicing Participants, to fulfill any of the obligations of the Servicer as servicer under this AgreementAgreement or any Transaction Document, if those Servicing Participants agree to comply with the provisions of paragraph subsection 13.05(b).
(b) of this Section 9.5.
(a) It shall not be necessary for the Servicer to seek the consent of the Transferor to the utilization of any Subservicer. The Servicer shall use its best efforts to cause any Subservicer used by the Servicer (or by any Subservicer) for the benefit of the Transferor to comply with the provisions of this Section 9.5 and with Section 3.44.05, Section 9.213.02, Section 9.3(c) and (dsubsection 13.03(c) and Section 9.4(a)(i) and (ii) of this Agreement 13.04 to the same extent as if such Subservicer were the Servicer. The Servicer shall be responsible for obtaining from each Subservicer and delivering to the Transferor any servicer compliance statement required to be delivered by such Subservicer under Section 3.44.05, any assessment of compliance and attestation required to be delivered by such Subservicer under Section 9.4(a)(i) or (ii) 13.04 and the certification, if any, any certification required to be delivered to the Person that will be responsible for signing the Sarbanes Certification under Section 9.4 as and when required to be delivered.
(bc) It Except as may otherwise be required pursuant to Section 7.06, it shall not be necessary for the Servicer to seek the consent of the Transferor to the utilization of any Servicing Participant. The Servicer shall promptly upon request provide to each the Transferor a written description (in form and substance satisfactory to the Transferor) of the role and function of each Servicing Participant utilized by the Servicer or any Subservicer, specifying (i) the identity of each such Servicing Participant and (ii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Servicing Participant.
(c) . As a condition to the utilization of any Servicing Participant, the Servicer shall use its best efforts to cause any such Servicing Participant used by the Servicer (or by any Subservicer) for the benefit of the Transferors Transferor to comply with the provisions of Section 9.4 of this Agreement 13.04 to the same extent as if such Servicing Participant were the Servicer. The Servicer shall be responsible for obtaining from each Servicing Participant and delivering to the Transferors Transferor any assessment of compliance and attestation required to be delivered by such Servicing Participant under Section 9.413.04, in each case as and when required to be delivered.
Appears in 4 contracts
Samples: Transfer and Servicing Agreement (Chase Card Funding LLC), Transfer and Servicing Agreement (Chase Issuance Trust), Transfer and Servicing Agreement (Chase Issuance Trust)
Use of Subservicers and Servicing Participants. The Servicer shall use its best efforts to hire or otherwise utilize only the services of Subservicers that agree to comply with the provisions of paragraph (a) of this Section 9.5Section. The Servicer shall use its best efforts to hire or otherwise utilize only the services of Servicing Participants, and shall use its best efforts to ensure that Subservicers hire or otherwise utilize only the services of Servicing Participants, to fulfill any of the obligations of the Servicer as servicer under this AgreementAgreement or any Supplement, if those Servicing Participants agree to comply with the provisions of paragraph (b) of this Section 9.5Section.
(a) It Except as may otherwise be required pursuant to Section 8.07, it shall not be necessary for the Servicer to seek the consent of the Transferor to the utilization of any Subservicer. The Servicer shall use its best efforts to cause any Subservicer used by the Servicer (or by any Subservicer) for the benefit of the Transferor to comply with the provisions of this Section 9.5 and with Section 3.4Sections 3.05, Section 9.214.05, Section 9.3(c) 14.06 and (d) and Section 9.4(a)(i) and (ii) 14.07 of this Agreement to the same extent as if such Subservicer were the Servicer; provided, however, that this sentence shall not apply to Section 3.05 for Subservicers that only meet the criteria in Section 1108(a)(2)(iv) of Regulation AB and do not meet the criteria in Section 1108(a)(2)(i) through (iii) of Regulation AB. The Servicer shall be responsible for obtaining from each Subservicer and delivering to the Transferor any servicer compliance statement required to be delivered by such Subservicer under Section 3.43.05, any assessment of compliance and attestation required to be delivered by such Subservicer under Section 9.4(a)(i) or (ii) 14.07 and the certification, if any, any certification required to be delivered to the Person that will be responsible for signing the Sarbanes Certification under Section 9.4 14.07, in each case, as and when required to be delivereddelivered as determined by the Transferor.
(b) It Except as may otherwise be required pursuant to Section 8.07, it shall not be necessary for the Servicer to seek the consent of the Transferor to the utilization of any Servicing Participant. The Servicer shall promptly upon request provide to each the Transferor a written description (in form and substance satisfactory to the Transferor) of the role and function of each Servicing Participant utilized by the Servicer or any Subservicer, specifying (i) the identity of each such Servicing Participant and (ii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Servicing Participant.
(c) . As a condition to the utilization of any Servicing Participant, the Servicer shall use its best efforts to cause any such Servicing Participant used by the Servicer (or by any Subservicer) for the benefit of the Transferors Transferor to comply with the provisions of Section 9.4 Sections 14.07 of this Agreement to the same extent as if such Servicing Participant were the Servicer. The Servicer shall be responsible for obtaining from each Servicing Participant and delivering to the Transferors Transferor any assessment of compliance and attestation required to be delivered by such Servicing Participant under Section 9.414.07, in each case as and when required to be delivered.
Appears in 4 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)
Use of Subservicers and Servicing Participants. (i) The Servicer shall use its best efforts to hire or otherwise utilize only the services of Subservicers that agree to comply with the provisions of paragraph (a) of this Section 9.5subsection 22(g)(i). The Servicer shall use its best efforts to hire or otherwise utilize only the services of Servicing Participants, and shall use its best efforts to ensure that Subservicers hire or otherwise utilize only the services of Servicing Participants, to fulfill any of the obligations of the Servicer as servicer under the Agreement or this AgreementSeries Supplement, if those Servicing Participants agree to comply with the provisions of paragraph (b) of this Section 9.5subsection 22(g)(ii).
(aii) It shall not be necessary for the Servicer to seek the consent of the Transferor to the utilization of any Subservicer. The Servicer shall use its best efforts to cause any Subservicer used by the Servicer (or by any Subservicer) for the benefit of the Transferor to comply with the provisions of this Section 9.5 subsection 22(g) and with Section 3.4, Section 9.2, Section 9.3(c3.05 of the Agreement and subsections 22(e) and (df) and Section 9.4(a)(i) and (ii) of this Agreement to the same extent as if such Subservicer were the Servicer. The Servicer shall be responsible for obtaining from each Subservicer and delivering to the Transferor any servicer compliance statement required to be delivered by such Subservicer under Section 3.43.05 of the Agreement, any assessment of compliance and attestation required to be delivered by such Subservicer under Section 9.4(a)(i) or (iisubsection 22(f) and the certification, if any, any certification required to be delivered to the Person that will be responsible for signing the Sarbanes Certification under Section 9.4 subsection 22(f) as and when required to be delivered.
(b) It shall not be necessary for the Servicer to seek the consent of the Transferor to the utilization of any Servicing Participant. The Servicer shall promptly upon request provide to each Transferor a written description (in form and substance satisfactory to the Transferor) of the role and function of each Servicing Participant utilized by the Servicer or any Subservicer, specifying (i) the identity of each such Servicing Participant and (ii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Servicing Participant.
(c) As a condition to the utilization of any Servicing Participant, the Servicer shall use its best efforts to cause any such Servicing Participant used by the Servicer (or by any Subservicer) for the benefit of the Transferors to comply with the provisions of Section 9.4 of this Agreement to the same extent as if such Servicing Participant were the Servicer. The Servicer shall be responsible for obtaining from each Servicing Participant and delivering to the Transferors any assessment of compliance and attestation required to be delivered by such Servicing Participant under Section 9.4, in each case as and when required to be delivered.
Appears in 3 contracts
Samples: Fifth Amended and Restated Series 2001 D Supplement (BA Master Credit Card Trust II), Fourth Amended and Restated Series 2001 D Supplement (BA Master Credit Card Trust II), Fifth Amended and Restated Series 2001 D Supplement
Use of Subservicers and Servicing Participants. The Servicer shall use its best efforts to hire or otherwise utilize only the services of Subservicers that agree to comply with the provisions of paragraph (a) of this Section 9.5. The Servicer shall use its best efforts to hire or otherwise utilize only the services of Servicing Participants, and shall use its best efforts to ensure that Subservicers hire or otherwise utilize only the services of Servicing Participants, to fulfill any of the obligations of the Servicer as servicer under this Agreement, if those Servicing Participants agree to comply with the provisions of paragraph (b) of this Section 9.5.
(a) It shall not be necessary for the Servicer to seek the consent of the Transferor to the utilization of any Subservicer. The Servicer shall use its best efforts to cause any Subservicer used by the Servicer (or by any Subservicer) for the benefit of the Transferor to comply with the provisions of this Section 9.5 and with Section 3.4, Section 9.2, Section 9.3(c) and (d) and Section 9.4(a)(i9.7(a)(i) and (ii) of this Agreement to the same extent as if such Subservicer were the Servicer. The Servicer shall be responsible for obtaining from each Subservicer and delivering to the Transferor any servicer compliance statement required to be delivered by such Subservicer under Section 3.4, any assessment of compliance and attestation required to be delivered by such Subservicer under Section 9.4(a)(i) or (ii) and the certification, if any, required to be delivered to the Person that will be responsible for signing the Sarbanes Certification under Section 9.4 as and when required to be delivered.
(b) It shall not be necessary for the Servicer to seek the consent of the Transferor to the utilization of any Servicing Participant. The Servicer shall promptly upon request provide to each the Transferor a written description (in form and substance satisfactory to the Transferor) of the role and function of each Servicing Participant utilized by the Servicer or any Subservicer, specifying (i) the identity of each such Servicing Participant and (ii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Servicing Participant.
(c) As a condition to the utilization of any Servicing Participant, the Servicer shall use its best efforts to cause any such Servicing Participant used by the Servicer (or by any Subservicer) for the benefit of the Transferors to comply with the provisions of Section 9.4 of this Agreement to the same extent as if such Servicing Participant were the Servicer. The Servicer shall be responsible for obtaining from each Servicing Participant and delivering to the Transferors Transferor any assessment of compliance and attestation required to be delivered by such Servicing Participant under Section 9.4, in each case as and when required to be delivered.
Appears in 2 contracts
Samples: Servicing Agreement (Dryrock Issuance Trust), Servicing Agreement (Dryrock Issuance Trust)
Use of Subservicers and Servicing Participants. The Servicer shall use its best efforts to hire or otherwise utilize only the services of Subservicers that agree to comply with the provisions of paragraph (a) of this Section 9.5Section. The Servicer shall use its best efforts to hire or otherwise utilize only the services of Servicing Participants, and shall use its best efforts to ensure that Subservicers hire or otherwise utilize only the services of Servicing Participants, to fulfill any of the obligations of the Servicer as servicer under this Agreement, if those Servicing Participants agree to comply with the provisions of paragraph (b) of this Section 9.5Section.
(a) It shall not be necessary for the Servicer to seek the consent of the Transferor to the utilization of any Subservicer. The Servicer shall use its best efforts to cause any Subservicer used by the Servicer (or by any Subservicer) for the benefit of the Transferor to comply with the provisions of this Section 9.5 and with Section 3.4Sections 4.4, Section 9.213.5, Section 9.3(c13.6(c) and (d) and Section 9.4(a)(i13.7(a)(i) and (ii) of this Agreement to the same extent as if such Subservicer were the Servicer. The Servicer shall be responsible for obtaining from each Subservicer and delivering to the Transferor any servicer compliance statement required to be delivered by such Subservicer under Section 3.44.4, any assessment of compliance and attestation required to be delivered by such Subservicer under Section 9.4(a)(i13.7(a)(i) or (ii) and the certification, if any, required to be delivered to the Person that will be responsible for signing the Sarbanes Certification under Section 9.4 13.7 as and when required to be delivered.
(b) It shall not be necessary for the Servicer to seek the consent of the Transferor to the utilization of any Servicing Participant. The Servicer shall promptly upon request provide to each Transferor the Transferors a written description (in form and substance satisfactory to the Transferor) of the role and function of each Servicing Participant utilized by the Servicer or any Subservicer, specifying (i) the identity of each such Servicing Participant and (ii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Servicing Participant.
(c) As a condition to the utilization of any Servicing Participant, the Servicer shall use its best efforts to cause any such Servicing Participant used by the Servicer (or by any Subservicer) for the benefit of the Transferors to comply with the provisions of Section 9.4 13.7 of this Agreement to the same extent as if such Servicing Participant were the Servicer. The Servicer shall be responsible for obtaining from each Servicing Participant and delivering to the Transferors any assessment of compliance and attestation required to be delivered by such Servicing Participant under Section 9.413.7, in each case as and when required to be delivered.
Appears in 2 contracts
Samples: Transfer and Servicing Agreement (American Express Issuance Trust), Transfer and Servicing Agreement (American Express Issuance Trust)
Use of Subservicers and Servicing Participants. (a) The Servicer shall use its best efforts to hire or otherwise utilize only the services of Subservicers that agree to comply with the provisions of paragraph (ab) of this Section 9.5Section. The Servicer shall use its best efforts to hire or otherwise utilize only the services of Servicing Participants, and shall use its best efforts to ensure that Subservicers hire or otherwise utilize only the services of Servicing Participants, to fulfill any of the obligations of the Servicer as servicer under this AgreementAgreement or any Supplement, if those Servicing Participants agree to comply with the provisions of paragraph Section 14.10(b).
(b) of this Except as may otherwise be required pursuant to Section 9.5.
(a) It 8.7, it shall not be necessary for the Servicer to seek the consent of the Transferor to the utilization of any Subservicer. The Servicer shall use its best efforts to cause any Subservicer used by the Servicer (or by any Subservicer) for the benefit of the Transferor to comply with the provisions of this Section 9.5 and with Section 3.4Sections 3.5, Section 9.214.7, Section 9.3(c14.8(c) and (d) and Section 9.4(a)(i) and (ii) 14.9 of this Agreement to the same extent as if such Subservicer were the Servicer. The Servicer shall be responsible for obtaining from each Subservicer and delivering to the Transferor any servicer compliance statement required to be delivered by such Subservicer under Section 3.43.5, any assessment of compliance and attestation required to be delivered by such Subservicer under Section 9.4(a)(i) or (ii) 14.9 and the certification, if any, any certification required to be delivered to the Person that will be responsible for signing the Sarbanes Certification under Section 9.4 as and when required to be delivered.
(bc) It Except as may otherwise be required pursuant to Section 8.7, it shall not be necessary for the Servicer to seek the consent of the Transferor to the utilization of any Servicing Participant. The Servicer shall promptly upon request provide to each the Transferor a written description (in form and substance satisfactory to the Transferor) of the role and function of each Servicing Participant utilized by the Servicer or any Subservicer, specifying (i) the identity of each such Servicing Participant and (ii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Servicing Participant.
(c) . As a condition to the utilization of any Servicing Participant, the Servicer shall use its best efforts to cause any such Servicing Participant used by the Servicer (or by any Subservicer) for the benefit of the Transferors Transferor to comply with the provisions of Section 9.4 of this Agreement 14.9 to the same extent as if such Servicing Participant were the Servicer. The Servicer shall be responsible for obtaining from each Servicing Participant and delivering to the Transferors Transferor any assessment of compliance and attestation required to be delivered by such Servicing Participant under Section 9.414.9, in each case as and when required to be delivered.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (First Usa Credit Card Master Trust)
Use of Subservicers and Servicing Participants. The Servicer shall use its best efforts to hire or otherwise utilize only the services of Subservicers that agree to comply with the provisions of paragraph (a) of this Section 9.5. The Servicer shall use its best efforts to hire or otherwise utilize only the services of Servicing Participants, and shall use its best efforts to ensure that Subservicers hire or otherwise utilize only the services of Servicing Participants, to fulfill any of the obligations of the Servicer as servicer under this Agreement, if those Servicing Participants agree to comply with the provisions of paragraph (b) of this Section 9.5.
(a) It shall not be necessary for the Servicer to seek the consent of the Transferor to the utilization of any Subservicer. The Servicer shall use its best efforts to cause any Subservicer used by the Servicer (or by any Subservicer) for the benefit of the Transferor to comply with the provisions of this Section 9.5 and with Section 3.4, Section 9.2, Section 9.3(c) and (d) and Section 9.4(a)(i) and (ii) of this Agreement to the same extent as if such Subservicer were the Servicer. The Servicer shall be responsible for obtaining from each Subservicer and delivering to the Transferor any servicer compliance statement required to be delivered by such Subservicer under Section 3.4, any assessment of compliance and attestation required to be delivered by such Subservicer under Section 9.4(a)(i) or (ii) and the certification, if any, required to be delivered to the Person that will be responsible for signing the Sarbanes Certification under Section 9.4 as and when required to be delivered.
(b) It shall not be necessary for the Servicer to seek the consent of the Transferor to the utilization of any Servicing Participant. The Servicer shall promptly upon request provide to each Transferor a written description (in form and substance satisfactory to the Transferor) of the role and function of each Servicing Participant utilized by the Servicer or any Subservicer, specifying (i) the identity of each such Servicing Participant and (ii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Servicing Participant.
(c) As a condition to the utilization of any Servicing Participant, the Servicer shall use its best efforts to cause any such Servicing Participant used by the Servicer (or by any Subservicer) for the benefit of the Transferors to comply with the provisions of Section 9.4 of this Agreement to the same extent as if such Servicing Participant were the Servicer. The Servicer shall be responsible for obtaining from each Servicing Participant and delivering to the Transferors any assessment of compliance and attestation required to be delivered by such Servicing Participant under Section 9.4, in each case as and when required to be delivered. STATE OF DELAWARE ) COUNTY OF NEW CASTLE ) ) ss.: KNOW ALL MEN BY THESE PRESENTS, that American Express Issuance Trust II, a
Appears in 1 contract
Samples: Servicing Agreement
Use of Subservicers and Servicing Participants. (a) The Servicer shall use its best efforts to hire or otherwise utilize only the services of Subservicers that agree to comply with the provisions of paragraph (a) of this Section 9.5Section. The Servicer shall use its best efforts to hire or otherwise utilize only the services of Servicing Participants, and shall use its best efforts to ensure that Subservicers hire or otherwise utilize only the services of Servicing Participants, to fulfill any of the obligations of the Servicer as servicer under this AgreementAgreement or any Transaction Document, if those Servicing Participants agree to comply with the provisions of paragraph subsection 13.05(b).
(b) of this Section 9.5.
(a) It shall not be necessary for the Servicer to seek the consent of the Transferor to the utilization of any Subservicer. The Servicer shall use its best efforts to cause any Subservicer used by the Servicer (or by any Subservicer) for the benefit of the Transferor to comply with the provisions of this Section 9.5 and with Section 3.44.05, Section 9.213.02, Section 9.3(c) and (dsubsection 13.03(c) and Section 9.4(a)(i) and (ii) of this Agreement 13.04 to the same extent as if such Subservicer were the Servicer. The Servicer shall be responsible for obtaining from each Subservicer and delivering to the Transferor any servicer compliance statement required to be delivered by such Subservicer under Section 3.44.05, any assessment of compliance and attestation required to be delivered by such Subservicer under Section 9.4(a)(i) or (ii) 13.04 and the certification, if any, any certification required to be delivered to the Person that will be responsible for signing the Sarbanes Certification under Section 9.4 as and when required to be delivered.
(bc) It Except as may otherwise be required pursuant to Section 7.06, it shall not be necessary for the Servicer to seek the consent of the Transferor to the utilization of any Servicing Participant. The Servicer shall promptly upon request provide to each the Transferor a written description (in form and substance satisfactory to the Transferor) of the role and function of each Servicing Participant utilized by the Servicer or any Subservicer, specifying (i) the identity of each such Servicing Participant and (ii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Servicing Participant.
(c) . As a condition to the utilization of any Servicing Participant, the Servicer shall use its best efforts to cause any such Servicing Participant used by the Servicer (or by any Subservicer) for the benefit of the Transferors Transferor to comply with the provisions of Section 9.4 of this Agreement to the same extent as if such Servicing Participant were the Servicer. The Servicer shall be responsible for obtaining from each Servicing Participant and delivering to the Transferors any assessment of compliance and attestation required to be delivered by such Servicing Participant under Section 9.4, in each case as and when required to be delivered.Section
Appears in 1 contract
Samples: Transfer and Servicing Agreement
Use of Subservicers and Servicing Participants. (a) The Servicer shall use its best efforts to hire or otherwise utilize only the services of Subservicers that agree to comply with the provisions of paragraph (a) of this Section 9.5subsection 14.08(b). The Servicer shall use its best efforts to hire or otherwise utilize only the services of Servicing Participants, and shall use its best efforts to ensure that Subservicers hire or otherwise utilize only the services of Servicing Participants, to fulfill any of the obligations of the Servicer as servicer under this AgreementAgreement or any Supplement, if those Servicing Participants agree to comply with the provisions of paragraph subsection 14.08(b).
(b) of this Except as may otherwise be required pursuant to Section 9.5.
(a) It 8.07, it shall not be necessary for the Servicer to seek the consent of the Transferor to the utilization of any Subservicer. The Servicer shall use its best efforts to cause any Subservicer used by the Servicer (or by any Subservicer) for the benefit of the Transferor to comply with the provisions of this Section 9.5 and with Section 3.4Sections 3.05, Section 9.214.05, Section 9.3(c14.07 and subsection 14.06(c) and (d) and Section 9.4(a)(i) and (ii) of this Agreement to the same extent as if such Subservicer were the Servicer. The Servicer shall be responsible for obtaining from each Subservicer and delivering to the Transferor any servicer compliance statement required to be delivered by such Subservicer under Section 3.43.05, any assessment of compliance and attestation required to be delivered by such Subservicer under Section 9.4(a)(i) or (ii) 14.07 and the certification, if any, any certification required to be delivered to the Person that will be responsible for signing the Sarbanes Certification under Section 9.4 14.07 as and when required to be delivered.
(bc) It Except as may otherwise be required pursuant to Section 8.07, it shall not be necessary for the Servicer to seek the consent of the Transferor to the utilization of any Servicing Participant. The Servicer shall promptly upon request provide to each the Transferor a written description (in form and substance satisfactory to the Transferor) of the role and function of each Servicing Participant utilized by the Servicer or any Subservicer, specifying (i) the identity of each such Servicing Participant and (ii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Servicing Participant.
(c) . As a condition to the utilization of any Servicing Participant, the Servicer shall use its best efforts to cause any such Servicing Participant used by the Servicer (or by any Subservicer) for the benefit of the Transferors Transferor to comply with the provisions of Section 9.4 of this Agreement 14.07 to the same extent as if such Servicing Participant were the Servicer. The Servicer shall be responsible for obtaining from each Servicing Participant and delivering to the Transferors Transferor any assessment of compliance and attestation required to be delivered by such Servicing Participant under Section 9.414.07, in each case as and when required to be delivered.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (First Usa Credit Card Master Trust)
Use of Subservicers and Servicing Participants. (a) The Servicer shall use its best commercially reasonable efforts to hire or otherwise utilize only the services of Subservicers that agree to comply with the provisions of paragraph (a) of this Section 9.5Section. The Servicer shall use its best commercially reasonable efforts to hire or otherwise utilize only the services of Servicing Participants, and shall use its best commercially reasonable efforts to ensure that Subservicers hire or otherwise utilize only the services of Servicing Participants, to fulfill any of the obligations of the Servicer as servicer under this AgreementAgreement or any Transaction Document, if those Servicing Participants agree to comply with the provisions of paragraph subsection 13.05(b).
(b) of this Section 9.5.
(a) It shall not be necessary for the Servicer to seek the consent of the Transferor to the utilization of any Subservicer. The Servicer shall use its best commercially reasonable efforts to cause any Subservicer used by the Servicer (or by any Subservicer) for the benefit of the Transferor to comply with the provisions of this Section 9.5 and with Section 3.44.05, Section 9.213.02, Section 9.3(c) and (dsubsection 13.03(c) and Section 9.4(a)(i) and (ii) of this Agreement 13.04 to the same extent as if such Subservicer were the Servicer. The Servicer shall be responsible for obtaining from each Subservicer and delivering to the Transferor any servicer compliance statement required to be delivered by such Subservicer under Section 3.44.05, any assessment of compliance and attestation required to be delivered by such Subservicer under Section 9.4(a)(i) or (ii) 13.04 and the certification, if any, any certification required to be delivered to the Person that will be responsible for signing the Sarbanes Certification under Section 9.4 as and when required to be delivered.
(bc) It Except as may otherwise be required pursuant to Section 7.06, it shall not be necessary for the Servicer to seek the consent of the Transferor to the utilization of any Servicing Participant. The Servicer shall promptly upon request provide to each the Transferor a written description (in form and substance satisfactory to the Transferor) of the role and function of each Servicing Participant utilized by the Servicer or any Subservicer, specifying (i) the identity of each such Servicing Participant and (ii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Servicing Participant.
(c) As a condition to the utilization of any Servicing Participant, the Servicer shall use its best efforts to cause any such Servicing Participant used by the Servicer (or by any Subservicer) for the benefit of the Transferors to comply with the provisions of Section 9.4 of this Agreement to the same extent as if such Servicing Participant were the Servicer. The Servicer shall be responsible for obtaining from each Servicing Participant and delivering to the Transferors any assessment of compliance and attestation required to be delivered by such Servicing Participant under Section 9.4, in each case as and when required to be delivered.each
Appears in 1 contract
Samples: Transfer and Servicing Agreement
Use of Subservicers and Servicing Participants. (a) The Servicer shall use its best commercially reasonable efforts to hire or otherwise utilize only the services of Subservicers that agree to comply with the provisions of paragraph (a) of this Section 9.5Section. The Servicer shall use its best commercially reasonable efforts to hire or otherwise utilize only the services of Servicing Participants, and shall use its best commercially reasonable efforts to ensure that Subservicers hire or otherwise utilize only the services of Servicing Participants, to fulfill any of the obligations of the Servicer as servicer under this AgreementAgreement or any Transaction Document, if those Servicing Participants agree to comply with the provisions of paragraph subsection 13.05(b).
(b) of this Section 9.5.
(a) It shall not be necessary for the Servicer to seek the consent of the Transferor to the utilization of any Subservicer. The Servicer shall use its best commercially reasonable efforts to cause any Subservicer used by the Servicer (or by any Subservicer) for the benefit of the Transferor to comply with the provisions of this Section 9.5 and with Section 3.44.05, Section 9.213.02, Section 9.3(c) and (dsubsection 13.03(c) and Section 9.4(a)(i) and (ii) of this Agreement 13.04 to the same extent as if such Subservicer were the Servicer. The Servicer shall be responsible for obtaining from each Subservicer and delivering to the Transferor any servicer compliance statement required to be delivered by such Subservicer under Section 3.44.05, any assessment of compliance and attestation required to be delivered by such Subservicer under Section 9.4(a)(i) or (ii) 13.04 and the certification, if any, any certification required to be delivered to the Person that will be responsible for signing the Sarbanes Certification under Section 9.4 as and when required to be delivered.
(bc) It Except as may otherwise be required pursuant to Section 7.06, it shall not be necessary for the Servicer to seek the consent of the Transferor to the utilization of any Servicing Participant. The Servicer shall promptly upon request provide to each the Transferor a written description (in form and substance satisfactory to the Transferor) of the role and function of each Servicing Participant utilized by the Servicer or any Subservicer, specifying (i) the identity of each such Servicing Participant and (ii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Servicing Participant.
(c) . As a condition to the utilization of any Servicing Participant, the Servicer shall use its best commercially reasonable efforts to cause any such Servicing Participant used by the Servicer (or by any Subservicer) for the benefit of the Transferors Transferor to comply with the provisions of Section 9.4 of this Agreement 13.04 to the same extent as if such Servicing Participant were the Servicer. The Servicer shall be responsible for obtaining from each Servicing Participant and delivering to the Transferors Transferor any assessment of compliance and attestation required to be delivered by such Servicing Participant under Section 9.413.04, in each case as and when required to be delivered.
Appears in 1 contract
Samples: Transfer and Servicing Agreement (Jpmorgan Chase Bank, National Association)
Use of Subservicers and Servicing Participants. (a) The Servicer shall use its best efforts to hire or otherwise utilize only the services of Subservicers that agree to comply with the provisions of paragraph (a) of this Section 9.5Section. The Servicer shall use its best efforts to hire or otherwise utilize only the services of Servicing Participants, and shall use its best efforts to ensure that Subservicers hire or otherwise utilize only the services of Servicing Participants, to fulfill any of the obligations of the Servicer as servicer under this AgreementAgreement or any Transaction Document, if those Servicing Participants agree to comply with the provisions of paragraph Section 13.05(b).
(b) of this Section 9.5.
(a) It shall not be necessary for the Servicer to seek the consent of the Transferor to the utilization of any Subservicer. The Servicer shall use its best efforts to cause any Subservicer used by the Servicer (or by any Subservicer) for the benefit of the Transferor to comply with the provisions of this Section 9.5 and with Section 3.4Sections 4.05, Section 9.213.02, Section 9.3(c13.03(c) and (d) and Section 9.4(a)(i) and (ii) of this Agreement 13.04 to the same extent as if such Subservicer were the Servicer. The Servicer shall be responsible for obtaining from each Subservicer and delivering to the Transferor any servicer compliance statement required to be delivered by such Subservicer under Section 3.44.05, any assessment of compliance and attestation required to be delivered by such Subservicer under Section 9.4(a)(i) or (ii) 13.04 and the certification, if any, any certification required to be delivered to the Person that will be responsible for signing the Sarbanes Certification under Section 9.4 as and when required to be delivered.
(bc) It Except as may otherwise be required pursuant to Section 7.06, it shall not be necessary for the Servicer to seek the consent of the Transferor to the utilization of any Servicing Participant. The Servicer shall promptly upon request provide to each the Transferor a written description (in form and substance satisfactory to the Transferor) of the role and function of each Servicing Participant utilized by the Servicer or any Subservicer, specifying (i) the identity of each such Servicing Participant and (ii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Servicing Participant.
(c) . As a condition to the utilization of any Servicing Participant, the Servicer shall use its best efforts to cause any such Servicing Participant used by the Servicer (or by any Subservicer) for the benefit of the Transferors Transferor to comply with the provisions of Section 9.4 of this Agreement 13.04 to the same extent as if such Servicing Participant were the Servicer. The Servicer shall be responsible for obtaining from each Servicing Participant and delivering to the Transferors Transferor any assessment of compliance and attestation required to be delivered by such Servicing Participant under Section 9.413.04, in each case as and when required to be delivered.
Appears in 1 contract
Samples: Transfer and Servicing Agreement (First Usa Credit Card Master Trust)
Use of Subservicers and Servicing Participants. (a) The Servicer shall use its best efforts to hire or otherwise utilize only the services of Subservicers that agree to comply with the provisions of paragraph (a) of this Section 9.5subsection 14.10(b). The Servicer shall use its best efforts to hire or otherwise utilize only the services of Servicing Participants, and shall use its best efforts to ensure that Subservicers hire or otherwise utilize only the services of Servicing Participants, to fulfill any of the obligations of the Servicer as servicer under this AgreementAgreement or any Supplement, if those Servicing Participants agree to comply with the provisions of paragraph subsection 14.10(b).
(b) of this Except as may otherwise be required pursuant to Section 9.5.
(a) It 8.7, it shall not be necessary for the Servicer to seek the consent of the Transferor to the utilization of any Subservicer. The Servicer shall use its best efforts to cause any Subservicer used by the Servicer (or by any Subservicer) for the benefit of the Transferor to comply with the provisions of this Section 9.5 and with Section 3.4Sections 3.5, Section 9.214.7, Section 9.3(c14.9 and subsection 14.8(c) and (d) and Section 9.4(a)(i) and (ii) of this Agreement to the same extent as if such Subservicer were the Servicer. The Servicer shall be responsible for obtaining from each Subservicer and delivering to the Transferor any servicer compliance statement required to be delivered by such Subservicer under Section 3.43.5, any assessment of compliance and attestation required to be delivered by such Subservicer under Section 9.4(a)(i) or (ii) 14.9 and the certification, if any, any certification required to be delivered to the Person that will be responsible for signing the Sarbanes Certification under Section 9.4 as and when required to be delivered.
(bc) It Except as may otherwise be required pursuant to Section 8.7, it shall not be necessary for the Servicer to seek the consent of the Transferor to the utilization of any Servicing Participant. The Servicer shall promptly upon request provide to each the Transferor a written description (in form and substance satisfactory to the Transferor) of the role and function of each Servicing Participant utilized by the Servicer or any Subservicer, specifying (i) the identity of each such Servicing Participant and (ii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Servicing Participant.
(c) . As a condition to the utilization of any Servicing Participant, the Servicer shall use its best efforts to cause any such Servicing Participant used by the Servicer (or by any Subservicer) for the benefit of the Transferors Transferor to comply with the provisions of Section 9.4 of this Agreement 14.9 to the same extent as if such Servicing Participant were the Servicer. The Servicer shall be responsible for obtaining from each Servicing Participant and delivering to the Transferors Transferor any assessment of compliance and attestation required to be delivered by such Servicing Participant under Section 9.414.9, in each case as and when required to be delivered.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (First Usa Credit Card Master Trust)
Use of Subservicers and Servicing Participants. (a) The Servicer shall use its best efforts to hire or otherwise utilize only the services of Subservicers that agree to comply with the provisions of paragraph (ab) of this Section 9.5Section. The Servicer shall use its best efforts to hire or otherwise utilize only the services of Servicing Participants, and shall use its best efforts to ensure that Subservicers hire or otherwise utilize only the services of Servicing Participants, to fulfill any of the obligations of the Servicer as servicer under this AgreementAgreement or any Supplement, if those Servicing Participants agree to comply with the provisions of paragraph Section 14.08(b).
(b) of this Except as may otherwise be required pursuant to Section 9.5.
(a) It 8.07, it shall not be necessary for the Servicer to seek the consent of the Transferor to the utilization of any Subservicer. The Servicer shall use its best efforts to cause any Subservicer used by the Servicer (or by any Subservicer) for the benefit of the Transferor to comply with the provisions of this Section 9.5 and with Section 3.4Sections 3.05, Section 9.214.05, Section 9.3(c14.06(c) and (d) and Section 9.4(a)(i) and (ii) 14.07 of this Agreement to the same extent as if such Subservicer were the Servicer. The Servicer shall be responsible for obtaining from each Subservicer and delivering to the Transferor any servicer compliance statement required to be delivered by such Subservicer under Section 3.43.05, any assessment of compliance and attestation required to be delivered by such Subservicer under Section 9.4(a)(i) or (ii) 14.07 and the certification, if any, any certification required to be delivered to the Person that will be responsible for signing the Sarbanes Certification under Section 9.4 14.07 as and when required to be delivered.
(bc) It Except as may otherwise be required pursuant to Section 8.07, it shall not be necessary for the Servicer to seek the consent of the Transferor to the utilization of any Servicing Participant. The Servicer shall promptly upon request provide to each the Transferor a written description (in form and substance satisfactory to the Transferor) of the role and function of each Servicing Participant utilized by the Servicer or any Subservicer, specifying (i) the identity of each such Servicing Participant and (ii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Servicing Participant.
(c) . As a condition to the utilization of any Servicing Participant, the Servicer shall use its best efforts to cause any such Servicing Participant used by the Servicer (or by any Subservicer) for the benefit of the Transferors Transferor to comply with the provisions of Section 9.4 of this Agreement 14.07 to the same extent as if such Servicing Participant were the Servicer. The Servicer shall be responsible for obtaining from each Servicing Participant and delivering to the Transferors Transferor any assessment of compliance and attestation required to be delivered by such Servicing Participant under Section 9.414.07, in each case as and when required to be delivered.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (First Usa Credit Card Master Trust)
Use of Subservicers and Servicing Participants. The Servicer shall use its best efforts to hire or otherwise utilize only the services of Subservicers that agree to comply with the provisions of paragraph (a) of this Section 9.5Section. The Servicer shall use its best efforts to hire or otherwise utilize only the services of Servicing Participants, and shall use its best efforts to ensure that Subservicers hire or otherwise utilize only the services of Servicing Participants, to fulfill any of the obligations of the Servicer as servicer under this AgreementAgreement or any Supplement, if those Servicing Participants agree to comply with the provisions of paragraph (b) of this Section 9.5Section.
(a) It Except as may otherwise be required pursuant to Section 8.07, it shall not be necessary for the Servicer to seek the consent of the Transferor Seller to the utilization of any Subservicer. The Servicer shall use its best efforts to cause any Subservicer used by the Servicer (or by any Subservicer) for the benefit of the Transferor Seller to comply with the provisions of this Section 9.5 and with Section 3.4Sections 3.05, Section 9.214.05, Section 9.3(c14.06(c) and (d) and Section 9.4(a)(i) and (ii) 14.07 of this Agreement to the same extent as if such Subservicer were the Servicer. The Servicer shall be responsible for obtaining from each Subservicer and delivering to the Transferor Seller any servicer compliance statement required to be delivered by such Subservicer under Section 3.43.05, any assessment of compliance and attestation required to be delivered by such Subservicer under Section 9.4(a)(i) or (ii) 14.07 and the certification, if any, any certification required to be delivered to the Person that will be responsible for signing the Sarbanes Certification under Section 9.4 14.07 as and when required to be delivered.
(b) It Except as may otherwise be required pursuant to Section 8.07, it shall not be necessary for the Servicer to seek the consent of the Transferor Seller to the utilization of any Servicing Participant. The Servicer shall promptly upon request provide to each Transferor the Seller a written description (in form and substance satisfactory to the TransferorSeller) of the role and function of each Servicing Participant utilized by the Servicer or any Subservicer, specifying (i) the identity of each such Servicing Participant and (ii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Servicing Participant.
(c) . As a condition to the utilization of any Servicing Participant, the Servicer shall use its best efforts to cause any such Servicing Participant used by the Servicer (or by any Subservicer) for the benefit of the Transferors Seller to comply with the provisions of Section 9.4 Sections 14.07 of this Agreement to the same extent as if such Servicing Participant were the Servicer. The Servicer shall be responsible for obtaining from each Servicing Participant and delivering to the Transferors Seller any assessment of compliance and attestation required to be delivered by such Servicing Participant under Section 9.414.07, in each case as and when required to be delivered.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (National City Credit Card Master Note Trust)
Use of Subservicers and Servicing Participants. (a) The Servicer shall use its best efforts to hire or otherwise utilize only the services of Subservicers that agree to comply with the provisions of paragraph (a) of this Section 9.5Section. The Servicer shall use its best efforts to hire or otherwise utilize only the services of Servicing Participants, and shall use its best efforts to ensure that Subservicers hire or otherwise utilize only the services of Servicing Participants, to fulfill any of the obligations of the Servicer as servicer under this AgreementAgreement or any Transaction Document, if those Servicing Participants agree to comply with the provisions of paragraph Section 10.05(b).
(b) of this Section 9.5.
(a) It shall not be necessary for the Servicer to seek the consent of the Transferor to the utilization of any Subservicer. The Servicer shall use its best efforts to cause any Subservicer used by the Servicer (or by any Subservicer) for the benefit of the Transferor to comply with the provisions of this Section 9.5 and with Section 3.4Sections 3.05, Section 9.210.02, Section 9.3(c10.03(c) and (d) and Section 9.4(a)(i) and (ii) of this Agreement 10.04 to the same extent as if such Subservicer were the Servicer. The Servicer shall be responsible for obtaining from each Subservicer and delivering to the Transferor any servicer compliance statement required to be delivered by such Subservicer under Section 3.43.05, any assessment of compliance and attestation required to be delivered by such Subservicer under Section 9.4(a)(i) or (ii) 10.04 and the certification, if any, any certification required to be delivered to the Person that will be responsible for signing the Sarbanes Certification under Section 9.4 as and when required to be delivered.
(bc) It Except as may otherwise be required pursuant to Section 5.07, it shall not be necessary for the Servicer to seek the consent of the Transferor to the utilization of any Servicing Participant. The Servicer shall promptly upon request provide to each the Transferor a written description (in form and substance satisfactory to the Transferor) of the role and function of each Servicing Participant utilized by the Servicer or any Subservicer, specifying (i) the identity of each such Servicing Participant and (ii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Servicing Participant.
(c) . As a condition to the utilization of any Servicing Participant, the Servicer shall use its best efforts to cause any such Servicing Participant used by the Servicer (or by any Subservicer) for the benefit of the Transferors Transferor to comply with the provisions of Section 9.4 of this Agreement 10.04 to the same extent as if such Servicing Participant were the Servicer. The Servicer shall be responsible for obtaining from each Servicing Participant and delivering to the Transferors Transferor any assessment of compliance and attestation required to be delivered by such Servicing Participant under Section 9.410.04, in each case as and when required to be delivered.
Appears in 1 contract
Samples: Transfer and Servicing Agreement (Advanta Business Receivables Corp)
Use of Subservicers and Servicing Participants. The Servicer shall use its best efforts to hire or otherwise utilize only the services of Subservicers that agree to comply with the provisions of paragraph (a) of this Section 9.5Section. The Servicer shall use its best efforts to hire or otherwise utilize only the services of Servicing Participants, and shall use its best efforts to ensure that Subservicers hire or otherwise utilize only the services of Servicing Participants, to fulfill any of the obligations of the Servicer as servicer under this AgreementAgreement or any Supplement, if those Servicing Participants agree to comply with the provisions of paragraph (b) of this Section 9.5Section.
(a) It Except as may otherwise be required pursuant to Section 8.07, it shall not be necessary for the Servicer to seek the consent of the Transferor to the utilization of any Subservicer. The Servicer shall use its best efforts to cause any Subservicer used by the Servicer (or by any Subservicer) for the benefit of the Transferor to comply with the provisions of this Section 9.5 and with Section 3.4Sections 3.05, Section 9.214.05, Section 9.3(c14.06(c) and (d) and Section 9.4(a)(i) and (ii) 14.07 of this Agreement to the same extent as if such Subservicer were the Servicer. The Servicer shall be responsible for obtaining from each Subservicer and delivering to the Transferor any servicer compliance statement required to be delivered by such Subservicer under Section 3.43.05, any assessment of compliance and attestation required to be delivered by such Subservicer under Section 9.4(a)(i) or (ii) 14.07 and the certification, if any, any certification required to be delivered to the Person that will be responsible for signing the Sarbanes Certification under Section 9.4 14.07 as and when required to be delivered.
(b) It Except as may otherwise be required pursuant to Section 8.07, it shall not be necessary for the Servicer to seek the consent of the Transferor to the utilization of any Servicing Participant. The Servicer shall promptly upon request provide to each the Transferor a written description (in form and substance satisfactory to the Transferor) of the role and function of each Servicing Participant utilized by the Servicer or any Subservicer, specifying (i) the identity of each such Servicing Participant and (ii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Servicing Participant.
(c) . As a condition to the utilization of any Servicing Participant, the Servicer shall use its best efforts to cause any such Servicing Participant used by the Servicer (or by any Subservicer) for the benefit of the Transferors Transferor to comply with the provisions of Section 9.4 Sections 14.07 of this Agreement to the same extent as if such Servicing Participant were the Servicer. The Servicer shall be responsible for obtaining from each Servicing Participant and delivering to the Transferors Transferor any assessment of compliance and attestation required to be delivered by such Servicing Participant under Section 9.414.07, in each case as and when required to be delivered.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Capital One Funding, LLC)
Use of Subservicers and Servicing Participants. The Servicer shall use its best efforts to hire or otherwise utilize only the services of Subservicers that agree to comply with the provisions of paragraph (a) of this Section 9.5Section. The Servicer shall use its best efforts to hire or otherwise utilize only the services of Servicing Participants, and shall use its best efforts to ensure that Subservicers hire or otherwise utilize only the services of Servicing Participants, to fulfill any of the obligations of the Servicer as servicer under this AgreementAgreement or any Supplement, if those Servicing Participants agree to comply with the provisions of paragraph (b) of this Section 9.5Section.
(a) It shall not be necessary for the Servicer to seek the consent of the Transferor Transferors to the utilization of any Subservicer. The Servicer shall use its best efforts to cause any Subservicer used by the Servicer (or by any Subservicer) for the benefit of the Transferor Transferors to comply with the provisions of this Section 9.5 and with Section 3.4Sections 3.05, Section 9.214.05, Section 9.3(c14.06(c) and (d) and Section 9.4(a)(i14.07(a)(i) and (ii) of this Agreement to the same extent as if such Subservicer were the Servicer. The Servicer shall be responsible for obtaining from each Subservicer and delivering to the Transferor Transferors any servicer compliance statement required to be delivered by such Subservicer under Section 3.43.05, any assessment of compliance and attestation required to be delivered by such Subservicer under Section 9.4(a)(i14.07(a)(i) or (ii) and the certification, if any, required to be 118 delivered to the Person that will be responsible for signing the Sarbanes Certification under Section 9.4 14.07 as and when required to be delivered.
(b) It shall not be necessary for the Servicer to seek the consent of the Transferor Transferors to the utilization of any Servicing Participant. The Servicer shall promptly upon request provide to each Transferor the Transferors a written description (in form and substance satisfactory to the TransferorTransferors) of the role and function of each Servicing Participant utilized by the Servicer or any Subservicer, specifying (i) the identity of each such Servicing Participant and (ii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Servicing Participant.
(c) . As a condition to the utilization of any Servicing Participant, the Servicer shall use its best efforts to cause any such Servicing Participant used by the Servicer (or by any Subservicer) for the benefit of the Transferors to comply with the provisions of Section 9.4 Sections 14.07 of this Agreement to the same extent as if such Servicing Participant were the Servicer. The Servicer shall be responsible for obtaining from each Servicing Participant and delivering to the Transferors any assessment of compliance and attestation required to be delivered by such Servicing Participant under Section 9.414.07, in each case as and when required to be delivered.. 119
Appears in 1 contract
Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)
Use of Subservicers and Servicing Participants. (a) The Servicer shall use its best efforts to hire or otherwise utilize only the services of Subservicers that agree to comply with the provisions of paragraph (ab) of this Section 9.5Section. The Servicer shall use its best efforts to hire or otherwise utilize only the services of Servicing Participants, and shall use its best efforts to ensure that Subservicers hire or otherwise utilize only the services of Servicing Participants, to fulfill any of the obligations of the Servicer as servicer under this Agreement, if those Servicing Participants agree to comply with the provisions of paragraph (bc) of this Section 9.5Section.
(ab) It Except as may otherwise be required pursuant to Section 4.07, it shall not be necessary for the Servicer to seek the consent of the Transferor Issuer to the utilization of any Subservicer. The Servicer shall use its best efforts to cause any Subservicer used by the Servicer (or by any Subservicer) for the benefit of the Issuer and the Transferor to comply with the provisions of this Section 9.5 7.05 and with Section 3.4Sections 7.02, Section 9.27.03, Section 9.3(c) 7.04, and (d) and Section 9.4(a)(i) and (ii) 7.06 of this Agreement to the same extent as if such Subservicer were the Servicer; provided, however, that this sentence shall not apply to Section 7.06 for Subservicers that meet only the criteria in Section 1108(a)(2)(iv) of Regulation AB and do not meet the criteria in Section 1108(a)(2)(i) through (iii) of Regulation AB. The Servicer shall be responsible for obtaining from each Subservicer and delivering to the Issuer and the Transferor any servicer compliance statement required to be delivered by such Subservicer Table of Contents under Section 3.47.06, any assessment of compliance and attestation required to be delivered by such Subservicer under Section 9.4(a)(i) or (ii) 7.04 and the certification, if any, any certification required to be delivered to the Person that will be responsible for signing the Sarbanes Certification under Section 9.4 7.04, in each case, as and when required to be delivereddelivered as determined by the Issuer.
(bc) It Except as may otherwise be required pursuant to Section 4.07, it shall not be necessary for the Servicer to seek the consent of the Transferor Issuer to the utilization of any Servicing Participant. The Servicer shall promptly upon request provide to each the Issuer and the Transferor a written description (in form and substance satisfactory to each of the Issuer and the Transferor) of the role and function of each Servicing Participant utilized by the Servicer or any Subservicer, specifying (i) the identity of each such Servicing Participant and (ii) which elements of the Servicing Criteria servicing criteria will be addressed in assessments of compliance provided by each Servicing Participant.
(c) . As a condition to the utilization of any Servicing Participant, the Servicer shall use its best efforts to cause any such Servicing Participant used by the Servicer (or by any Subservicer) for the benefit of the Transferors Issuer and the Transferor to comply with the provisions of Section 9.4 7.04 of this Agreement to the same extent as if such Servicing Participant were the Servicer. The Servicer shall be responsible for obtaining from each Servicing Participant and delivering to the Transferors Issuer and the Transferor any assessment of compliance and attestation required to be delivered by such Servicing Participant under Section 9.47.04, in each case as and when required to be delivered.
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Use of Subservicers and Servicing Participants. The Servicer shall use its best efforts to hire or otherwise utilize only the services of Subservicers that agree to comply with the provisions of paragraph (a) of this Section 9.5Section. The Servicer shall use its best efforts to hire or otherwise utilize only the services of Servicing Participants, and shall use its best efforts to ensure that Subservicers hire or otherwise utilize only the services of Servicing Participants, to fulfill any of the obligations of the Servicer as servicer under this AgreementAgreement or any Supplement, if those Servicing Participants agree to comply with the provisions of paragraph (b) of this Section 9.5Section.
(a) It Except as may otherwise be required pursuant to Section 8.07, it shall not be necessary for the Servicer to seek the consent of the Transferor Seller to the utilization of any Subservicer. The Servicer shall use its best efforts to cause any Subservicer used by the Servicer (or by any Subservicer) for the benefit of the Transferor Seller to comply with the provisions of this Section 9.5 and with Section 3.4Sections 3.05, Section 9.214.05, Section 9.3(c) 14.06 and (d) and Section 9.4(a)(i) and (ii) 14.07 of this Agreement to the same extent as if such Subservicer were the Servicer. The Servicer shall be responsible for obtaining from each Subservicer and delivering to the Transferor Seller any servicer compliance statement required to be delivered by such Subservicer under Section 3.43.05, any assessment of compliance and attestation required to be delivered by such Subservicer under Section 9.4(a)(i) or (ii) 14.07 and the certification, if any, any certification required to be delivered to the Person that will be responsible for signing the Sarbanes Certification under Section 9.4 14.07 as and when required to be delivered.
(b) It Except as may otherwise be required pursuant to Section 8.07, it shall not be necessary for the Servicer to seek the consent of the Transferor Seller to the utilization of any Servicing Participant. The Servicer shall promptly upon request provide to each Transferor the Seller a written description (in form and substance satisfactory to the TransferorSeller) of the role and function of each Servicing Participant utilized by the Servicer or any Subservicer, specifying (i) the identity of each such Servicing Participant and (ii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Servicing Participant.
(c) . As a condition to the utilization of any Servicing Participant, the Servicer shall use its best efforts to cause any such Servicing Participant used by the Servicer (or by any Subservicer) for the benefit of the Transferors Seller to comply with the provisions of Section 9.4 Sections 14.07 of this Agreement to the same extent as if such Servicing Participant were the Servicer. The Servicer shall be responsible for obtaining from each Servicing Participant and delivering to the Transferors any assessment of compliance and attestation required to be delivered by such Servicing Participant under Section 9.4, in each case as and when required to be delivered.the
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Samples: Pooling and Servicing Agreement (National City Bank /)
Use of Subservicers and Servicing Participants. The Servicer shall use its best efforts to hire or otherwise utilize only the services of Subservicers that agree to comply with the provisions of paragraph (a) of this Section 9.5Section. The Servicer shall use its best efforts to hire or otherwise utilize only the services of Servicing Participants, and shall use its best efforts to ensure that Subservicers hire or otherwise utilize only the services of Servicing Participants, to fulfill any of the obligations of the Servicer as servicer under this AgreementAgreement or any Supplement, if those Servicing Participants agree to comply with the provisions of paragraph (b) of this Section 9.5Section.
(a) It shall not be necessary for the Servicer to seek the consent of the Transferor Transferors to the utilization of any Subservicer. The Servicer shall use its best efforts to cause any Subservicer used by the Servicer (or by any Subservicer) for the benefit of the Transferor Transferors to comply with the provisions of this Section 9.5 and with Section 3.4Sections 3.05, Section 9.214.05, Section 9.3(c14.06(c) and (d) and Section 9.4(a)(i14.07(a)(i) and (ii) of this Agreement to the same extent as if such Subservicer were the Servicer. The Servicer shall be responsible for obtaining from each Subservicer and delivering to the Transferor Transferors any servicer compliance statement required to be delivered by such Subservicer under Section 3.43.05, any assessment of compliance and attestation required to be delivered by such Subservicer under Section 9.4(a)(i14.07(a)(i) or (ii) and the certification, if any, required to be delivered to the Person that will be responsible for signing the Sarbanes Certification under Section 9.4 14.07 as and when required to be delivered.. 115
(b) It shall not be necessary for the Servicer to seek the consent of the Transferor Transferors to the utilization of any Servicing Participant. The Servicer shall promptly upon request provide to each Transferor the Transferors a written description (in form and substance satisfactory to the TransferorTransferors) of the role and function of each Servicing Participant utilized by the Servicer or any Subservicer, specifying (i) the identity of each such Servicing Participant and (ii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Servicing Participant.
(c) . As a condition to the utilization of any Servicing Participant, the Servicer shall use its best efforts to cause any such Servicing Participant used by the Servicer (or by any Subservicer) for the benefit of the Transferors to comply with the provisions of Section 9.4 Sections 14.07 of this Agreement to the same extent as if such Servicing Participant were the Servicer. The Servicer shall be responsible for obtaining from each Servicing Participant and delivering to the Transferors any assessment of compliance and attestation required to be delivered by such Servicing Participant under Section 9.414.07, in each case as and when required to be delivered.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (American Express Receivables Financing Corp Ii)
Use of Subservicers and Servicing Participants. (a) The Servicer shall use its best efforts to hire or otherwise utilize only the services of Subservicers that agree to comply with the provisions of paragraph (a) of this Section 9.513.05. The Servicer shall use its best efforts to hire or otherwise utilize only the services of Servicing Participants, and shall use its best efforts to ensure that Subservicers hire or otherwise utilize only the services of Servicing Participants, to fulfill any of the obligations of the Servicer as servicer under this AgreementAgreement or any Transaction Document, if those Servicing Participants agree to comply with the provisions of paragraph subsection 13.05(b).
(b) of this Section 9.5.
(a) It shall not be necessary for the Servicer to seek the consent of the Transferor to the utilization of any Subservicer. The Servicer shall use its best efforts to cause any Subservicer used by the Servicer (or by any Subservicer) for the benefit of the Transferor to comply with the provisions of this Section 9.5 13.05 and with Section 3.4Sections 4.05, Section 9.2, Section 9.3(c13.02 and 13.04 and subsection 13.03(c) and (d) and Section 9.4(a)(i) and (ii) of this Agreement to the same extent as if such Subservicer were the Servicer. The Servicer shall be responsible for obtaining from each Subservicer and delivering to the Transferor any servicer compliance statement required to be delivered by such Subservicer under Section 3.44.05, any assessment of compliance and attestation required to be delivered by such Subservicer under Section 9.4(a)(i) or (ii) 13.04 and the certification, if any, any certification required to be delivered to the Person that will be responsible for signing the Sarbanes Certification under Section 9.4 as and when required to be delivered.
(bc) It Except as may otherwise be required pursuant to Section 7.06, it shall not be necessary for the Servicer to seek the consent of the Transferor to the utilization of any Servicing Participant. The Servicer shall promptly upon request provide to each the Transferor a written description (in form and substance satisfactory to the Transferor) of the role and function of each Servicing Participant utilized by the Servicer or any Subservicer, specifying (i) the identity of each such Servicing Participant and (ii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Servicing Participant.
(c) . As a condition to the utilization of any Servicing Participant, the Servicer shall use its best efforts to cause any such Servicing Participant used by the Servicer (or by any Subservicer) for the benefit of the Transferors Transferor to comply with the provisions of Section 9.4 of this Agreement 13.04 to the same extent as if such Servicing Participant were the Servicer. The Servicer shall be responsible for obtaining from each Servicing Participant and delivering to the Transferors Transferor any assessment of compliance and attestation required to be delivered by such Servicing Participant under Section 9.413.04, in each case as and when required to be delivered.
Appears in 1 contract
Samples: Transfer and Servicing Agreement (Wachovia Card Receivables LLC)
Use of Subservicers and Servicing Participants. (a) The Servicer shall use its best efforts to hire or otherwise utilize only the services of Subservicers that agree to comply with the provisions of paragraph (ab) of this Section 9.5Section. The Servicer shall use its best efforts to hire or otherwise utilize only the services of Servicing Participants, and shall use its best efforts to ensure that Subservicers hire or otherwise utilize only the services of Servicing Participants, to fulfill any of the obligations of the Servicer as servicer under this Agreement, if those Servicing Participants agree to comply with the provisions of paragraph (bc) of this Section 9.5Section.
(ab) It Except as may otherwise be required pursuant to Section 4.07, it shall not be necessary for the Servicer to seek the consent of the Transferor Issuer to the utilization of any Subservicer. The Servicer shall use its best efforts to cause any Subservicer used by the Servicer (or by any Subservicer) for the benefit of the Issuer and the Transferor to comply with the provisions of this Section 9.5 7.05 and with Section 3.4Sections 7.02, Section 9.27.03, Section 9.3(c) 7.04, and (d) and Section 9.4(a)(i) and (ii) 7.06 of this Agreement to the same extent as if such Subservicer were the Servicer; provided, however, that this sentence shall not apply to Section 7.06 for Subservicers that meet only the criteria in Section 1108(a)(2)(iv) of Regulation AB and do not meet the criteria in Section 1108(a)(2)(i) through (iii) of Regulation AB. The Servicer shall be responsible for obtaining from each Subservicer and delivering to the Issuer and the Transferor any servicer compliance statement required to be delivered by such Subservicer under Section 3.47.06, any assessment of compliance and attestation required to be delivered by such Subservicer under Section 9.4(a)(i) or (ii) 7.04 and the certification, if any, any certification required to be delivered to the Person that will be responsible for signing the Sarbanes Certification under Section 9.4 7.04, in each case, as and when required to be delivereddelivered as determined by the Issuer.
(bc) It Except as may otherwise be required pursuant to Section 4.07, it shall not be necessary for the Servicer to seek the consent of the Transferor Issuer to the utilization of any Servicing Participant. The Servicer shall promptly upon request provide to each the Issuer and the Transferor a written description (in form and substance satisfactory to each of the Issuer and the Transferor) of the role and function of each Servicing Participant utilized by the Servicer or any Subservicer, specifying (i) the identity of each such Servicing Participant and (ii) which elements of the Servicing Criteria servicing criteria will be addressed in assessments of compliance provided by each Servicing Participant.
(c) . As a condition to the utilization of any Servicing Participant, the Servicer shall use its best efforts to cause any such Servicing Participant used by the Servicer (or by any Subservicer) for the benefit of the Transferors Issuer and the Transferor to comply with the provisions of Section 9.4 7.04 of this Agreement to the same extent as if such Servicing Participant were the Servicer. The Servicer shall be responsible for obtaining from each Servicing Participant and delivering to the Transferors Issuer and the Transferor any assessment of compliance and attestation required to be delivered by such Servicing Participant under Section 9.47.04, in each case as and when required to be delivered.
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