Common use of Waiver of Defaults Clause in Contracts

Waiver of Defaults. The Owner may waive any default by the Defaulted Servicer in the performance of its obligations hereunder and its consequences. Upon any waiver of a past default, such default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereto except to the extent expressly so waived.

Appears in 33 contracts

Samples: Servicing Agreement (GSR Mortgage Loan Trust 2006-1f), Servicing Agreement (GSR Mortgage Loan Trust 2006-9f), Servicing Agreement (GSR Mortgage Loan Trust 2007-Ar2)

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Waiver of Defaults. The Owner may waive only by written notice any default by the Defaulted Servicer in the performance of its obligations hereunder and its consequences. Upon any such waiver of a past default, such default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereto thereon except to the extent expressly so waivedwaived in writing.

Appears in 31 contracts

Samples: Servicing Agreement, Servicing Agreement (Prime Mortgage Trust 2007-1), Servicing Agreement (SACO I Trust 2006-8)

Waiver of Defaults. The Owner may waive any default by the Defaulted Servicer in the performance of its obligations hereunder and its consequences. Upon any such waiver of a past default, such default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereto thereon except to the extent expressly so waived.

Appears in 26 contracts

Samples: Servicing Agreement (Altisource Residential Corp), Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-10xs), Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-12)

Waiver of Defaults. The Owner may waive any Any default by the Defaulted Servicer in the performance of its obligations hereunder and its consequencesconsequences may be waived pursuant to Section 7.01. Upon any such waiver of a past default, such default shall cease to exist, and any Event of Default default arising therefrom shall be deemed to have been remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereto thereon except to the extent expressly so waived.

Appears in 20 contracts

Samples: Servicing Agreement (Conns Inc), Servicing Agreement (Conns Inc), Servicing Agreement (Conns Inc)

Waiver of Defaults. The Owner or the Servicer may waive only by written notice any default by the Defaulted Servicer other in the performance of its obligations hereunder and its consequences. Upon any such waiver of a past default, such default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereto thereon except to the extent expressly so waivedwaived in writing.

Appears in 10 contracts

Samples: Reconstituted Servicing Agreement (HarborView Mortgage Loan Trust 2005-15), Master Interim Servicing Agreement (HarborView 2007-3), Master Interim Servicing Agreement (HarborView 2007-6)

Waiver of Defaults. The Owner may waive any default by the Defaulted Servicer in the performance of its obligations hereunder and its consequences. Upon any such waiver of a past default, such default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other default Event of Default or impair any right consequent thereto thereon except to the extent expressly so waived.

Appears in 9 contracts

Samples: Flow Servicing Agreement (PennyMac Mortgage Investment Trust), Flow Servicing Agreement (PennyMac Financial Services, Inc.), Flow Servicing Agreement (PennyMac Financial Services, Inc.)

Waiver of Defaults. The Owner may waive any such default by the Defaulted Servicer Company in the performance of its obligations hereunder and its consequences. Upon any such waiver of a past default, such default shall cease to exist, and any Event of Default Default, as defined in Section 6.01, arising therefrom shall be deemed to have been remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereto thereon except to the extent expressly so waived.

Appears in 9 contracts

Samples: Servicing Agreement (GSR 2007-Oa2), Sale and Servicing Agreement (GSR Mortgage Loan Trust 2007-Ar1), Sale and Servicing Agreement (GSR Mortgage Loan Trust 2007-Oa1)

Waiver of Defaults. The Owner may waive waive, only by written notice, any default by the Defaulted Servicer in the performance of its obligations hereunder and its consequences. Upon any such waiver of a past default, such default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereto thereon except to the extent expressly so waivedwaived in writing.

Appears in 8 contracts

Samples: Servicing Agreement (Encore Credit Receivables Trust 2005-2), Reconstitution Agreement (HarborView 2007-2), Certification and Agreement (Encore Credit Receivables Trust 2005-3)

Waiver of Defaults. The Owner may waive any default by the Defaulted Servicer in the performance of its obligations hereunder and its consequences. Upon any such waiver of a past default, such default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereto thereon except to the extent expressly so waived.

Appears in 7 contracts

Samples: Master Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-14ar), Master Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-13), Master Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-12)

Waiver of Defaults. The Owner Lender may waive any default by the Defaulted Servicer in the performance of its obligations hereunder and its consequences. Upon any such waiver of a past default, such default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been remedied for every purpose of this Agreement. No such waiver shall be effective unless it shall be in writing and signed by the Lender and no such waiver shall extend to any subsequent or other default or impair any right consequent thereto thereon except to the extent expressly so waived.

Appears in 6 contracts

Samples: Receivables Loan and Security Agreement (LEAF Equipment Finance Fund 4, L.P.), Vehicle Lienholder Nominee Agreement (LEAF Equipment Finance Fund 4, L.P.), Loan and Security Agreement (Resource America Inc)

Waiver of Defaults. The Owner may waive any default by the Defaulted Servicer in the performance of its obligations hereunder and its consequences. Upon any such waiver of a past default, such default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been remedied for every purpose of this Servicing Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereto thereon except to the extent expressly so waived.

Appears in 6 contracts

Samples: Flow Servicing Agreement (Pennymac Financial Services, Inc.), Flow Servicing Agreement (Pennymac Financial Services, Inc.), Flow Servicing Agreement (Pennymac Financial Services, Inc.)

Waiver of Defaults. The Owner may waive in writing any default by the Defaulted Oversight Servicer in the performance of its obligations hereunder and its consequences. Upon any such written waiver of a past default, such default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other default Event of Default or impair any right consequent thereto thereon except to the extent expressly so waived.

Appears in 4 contracts

Samples: Mortgage Servicing Oversight Agreement (Pennymac Financial Services, Inc.), Mortgage Servicing Oversight Agreement (PennyMac Mortgage Investment Trust), Commercial Mortgage Servicing Oversight Agreement (Pennymac Financial Services, Inc.)

Waiver of Defaults. The Owner Company may waive any default by the Defaulted Servicer in the performance of its obligations hereunder and its consequences. Upon any such waiver of a past default, such default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereto thereon except to the extent expressly so waived.

Appears in 4 contracts

Samples: Servicing Agreement (Nb Capital Corp), Servicing Agreement (Nb Capital Corp), Servicing Agreement (Nb Finance LTD)

Waiver of Defaults. The Owner may waive any default by the Defaulted Servicer in the performance of its obligations hereunder and its consequences. Upon any such waiver of a past default, such default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereto thereon except to the extent expressly so waived.

Appears in 4 contracts

Samples: Master Servicing Agreement (Sequoia Mortgage Trust 2007-1), Master Servicing Agreement (Sequoia Mortgage Trust 2007-3), Master Servicing Agreement (Sequoia Mortgage Trust 2007-4)

Waiver of Defaults. The Owner By a written notice, the Owners may waive any default by the Defaulted Servicer in the performance of its obligations hereunder and its consequences. Upon any waiver of a past default, such default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereto thereon except to the extent expressly so waived.

Appears in 3 contracts

Samples: Loan Servicing Agreement (Franklin Credit Management Corp), Loan Servicing Agreement (Franklin Credit Holding Corp/De/), Loan Servicing Agreement (Franklin Credit Holding Corp/De/)

Waiver of Defaults. The Owner may waive any such default by the Defaulted Servicer Company in the performance of its obligations hereunder and its consequences. Upon any such waiver of a past default, such default shall cease to exist, and any Event of Default Default, as defined in Section 7.01, arising therefrom shall be deemed to have been remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereto thereon except to the extent expressly so waived.

Appears in 2 contracts

Samples: Reference Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-Oar3), Reference Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-Oar4)

Waiver of Defaults. The Owner Holder may waive any default by the Defaulted Servicer Company in the performance of its obligations hereunder and its consequences. Upon any such waiver of a past default, such default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereto thereon except to the extent expressly so waived.

Appears in 2 contracts

Samples: Custody Agreement (Austin Funding Com Corp), Custody Agreement (Starnet Financial Inc)

Waiver of Defaults. The Owner may waive only by written notice and only upon the written consent of Lender any default by the Defaulted Servicer in the performance of its obligations hereunder and its consequences. Upon any such waiver of a past default, such default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereto thereon except to the extent expressly so waivedwaived in writing.

Appears in 2 contracts

Samples: Servicing Agreement (American Business Financial Services Inc /De/), Servicing Agreement (American Business Financial Services Inc /De/)

Waiver of Defaults. The Owner may waive in writing any default by the Defaulted Servicer in the performance of its obligations hereunder and its consequences. Upon any waiver of a past default, such default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereto except to the extent expressly so waived.

Appears in 2 contracts

Samples: Interim Servicing and Servicing Rights Purchase Agreement (First NLC Financial Services Inc), Interim Servicing and Servicing Rights Purchase Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Ar3)

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Waiver of Defaults. The Owner or, if applicable, the Guarantor, may waive any default by the Defaulted Servicer in the performance of its obligations hereunder and its consequences. Upon any such waiver of a past default, such default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereto thereon except to the extent expressly so waived.

Appears in 1 contract

Samples: Flow Servicing Agreement (GSAA Home Equity 2005-12)

Waiver of Defaults. The Owner may waive any default by the Defaulted Servicer in the performance of its obligations hereunder and its consequenceshereunder. Upon any such waiver of a past default, such default shall cease to exist, and any Servicer Event of Default arising therefrom shall be deemed to have been remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereto thereon except to the extent expressly so waived.

Appears in 1 contract

Samples: Servicing Agreement (Great Ajax Corp.)

Waiver of Defaults. The Owner may waive any Any default by the Defaulted Servicer in the performance of its obligations hereunder and its consequencesconsequences may be waived by the Purchaser. Upon any such waiver of a past default, such default shall cease to exist, and any Event of Default default arising therefrom shall be deemed to have been remedied for every purpose of this AgreementAgreement and the Facility Documents. No such waiver shall extend to any subsequent or other default or impair any right consequent thereto thereon except to the extent expressly so waived.

Appears in 1 contract

Samples: Servicing Agreement (Aurora Acquisition Corp.)

Waiver of Defaults. The By a written notice, the Owner or the Administrator may waive any default by the Defaulted Servicer in the performance of its obligations hereunder and its consequences. Upon any waiver of a past default, such default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereto thereon except to the extent expressly so waived.

Appears in 1 contract

Samples: Servicing Agreement (Franklin Credit Holding Corp/De/)

Waiver of Defaults. The Owner may waive any default by the Defaulted Servicer in the performance of its obligations hereunder and its consequences. .Upon any such waiver of a past default, such default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been remedied for every purpose of this Agreement. No Xxxxxxxxx.Xx such waiver shall extend to any subsequent or other default or impair any right consequent thereto thereon except to the extent expressly so waived.

Appears in 1 contract

Samples: Servicing Agreement (Deutsche Alt-a Securities Inc)

Waiver of Defaults. The Owner may waive any default by the Defaulted Servicer in the performance of its obligations hereunder and its consequences. Upon any such waiver of a past default, such default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other default Event of Default or impair any right consequent thereto thereon except to the extent expressly so waived.. 70 NY1 8630204v.6

Appears in 1 contract

Samples: Flow Servicing Agreement (PennyMac Mortgage Investment Trust)

Waiver of Defaults. The Owner Owner/Servicer may waive in writing any default by the Defaulted Servicer Subservicer in the performance of its obligations hereunder and its consequences. Upon any such written waiver of a past default, such default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereto thereon except to the extent expressly so waived.

Appears in 1 contract

Samples: Subservicing Agreement (Home Point Capital Inc.)

Waiver of Defaults. The Owner Company may waive waive, only by written notice, any default by the Defaulted Servicer Subservicer in the performance of its obligations hereunder and its consequences. Upon any such waiver of a past default, such default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereto thereon except to the extent expressly so waivedwaived in writing.

Appears in 1 contract

Samples: Subservicing Agreement (MortgageIT Mortgage Loan Trust 2006-1)

Waiver of Defaults. The Owner Lenders may waive any default by the Defaulted Servicer in the performance of its obligations hereunder and its consequences. Upon any such waiver of a past default, such default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been remedied for every purpose of this Agreement. No such waiver shall be effective unless it shall be in writing and signed by the Lenders and no such waiver shall extend to any subsequent or other default or impair any right consequent thereto thereon except to the extent expressly so waived.

Appears in 1 contract

Samples: Receivables Loan and Security Agreement (Resource America Inc)

Waiver of Defaults. The Owner may waive any default by the Defaulted Servicer in the performance of its obligations hereunder and its consequences. Upon any such waiver of a past default, such default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other default Event of Default or impair any right consequent thereto thereon except to the extent expressly so waived.. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 70

Appears in 1 contract

Samples: Flow Servicing Agreement

Waiver of Defaults. The Owner Company may waive any default by the Defaulted Servicer in the performance of its obligations hereunder and its consequences. Upon any waiver of a past default, such default shall cease to exist, and any Servicer Event of Default arising therefrom shall be deemed to have been remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereto except to the extent expressly so waived.

Appears in 1 contract

Samples: Servicing Agreement (B. Riley Financial, Inc.)

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