Common use of Waiver of Event of Defaults Clause in Contracts

Waiver of Event of Defaults. By a written notice, the Purchaser may waive any Event of Default (other than an Event of Default pursuant to clauses (vii) or (viii) above) by the Seller or Servicer in the performance of their respective 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 thereon except to the extent expressly so waived. Notwithstanding the foregoing, if any Event of Default that has occurred is continuing, unless and until the Purchaser shall waive such Event of Default by written notice, the Purchaser may by notice in writing to the Servicer in the manner provided in Section 10.01(c), terminate the rights of the Servicer under this Agreement and in and to the servicing and the custody of the Receivables and the proceeds thereof at any time thereafter.

Appears in 2 contracts

Samples: Purchase and Servicing Agreement (Morgan Stanley Auto Loan Trust 2003-Hb1), Purchase and Servicing Agreement (Goldman Sachs Asset Backed Securities Corp)

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Waiver of Event of Defaults. By a written notice, the Purchaser may waive any Event of Default (other than an Event of Default pursuant to clauses (vii) or (viii) above) by the Seller or Servicer in the performance of their respective 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 thereon except to the extent expressly so waived. Notwithstanding the foregoing, if any Event of Default that has occurred is continuing, unless and until the Purchaser shall waive such Event of Default by written notice, the Purchaser may by notice in writing to the Servicer in the manner provided in Section 10.01(c11.01(c), terminate the rights of the Servicer under this Agreement and in and to the servicing and the custody of the Receivables and the proceeds thereof at any time thereafter.

Appears in 2 contracts

Samples: Purchase and Servicing Agreement (Morgan Stanley Auto Loan Trust 2004-Hb2), Purchase and Servicing Agreement (Morgan Stanley Auto Loan Trust 2004-Hb1)

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