Image File Custodian definition

Image File Custodian has the meaning given to such term in the Preamble.
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Image File Custodian means Xxxxx Fargo, not in its individual capacity but solely in its capacity as image file custodian under the Back-up Servicing Agreement, its successors in interest and any successor image file custodian under the Back-up Servicing Agreement.
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Image File Custodian has the meaning given to such term in the Preamble. “Image File Custodian Fee” means the fee payable to the Image File Custodian on each Payment Date in accordance with Section 2.12(c), which fee shall be as set forth on Schedule L. “Imaged File” means, with respect to any Receivable (except for a Receivable with respect to which the related Contract is an Electronic Contract that is maintained in the Electronic Vault), the imaged copy of (a) the applicable loan agreement and (b) in the event such Receivable is a Hard Secured Receivable, an imaged copy of the certificate of title of the Titled Asset securing such Hard Secured Receivable, in each case as such document exists as of the date such imaging is performed with respect to such Receivable. “Imaged File Delivery Date” means, with respect to an Imaged File, the date on which the Servicer or a Subservicer, as applicable, delivers such Imaged File to the Image File Custodian in accordance with Section 9.07. “Imaged File Loan Schedule” has the meaning given to such term in Section 9.07(a). “Indebtedness” means, with respect to any Person and any day, without duplication, (i) all indebtedness or guarantees of such Person for borrowed money or for the deferred purchase price of property or services (other than current liabilities incurred in the ordinary course of business and payable in accordance with customary trade practices) or which is evidenced by a note, bond, debenture or similar instrument, (ii) all obligations of such Person under capital leases, (iii) all obligations of such Person in respect of acceptances issued or created for the account of such Person, (iv) all liabilities secured by any Lien on any property owned by such Person even though such Person has not assumed or otherwise become liable for the payment thereof, (v) all indebtedness, obligations or liabilities of that Person in respect of Derivatives, (vi) all obligations, contingent or otherwise, of such Person as an account party in respect of letters of credit and letters of guaranty and (vii) all obligations, contingent or otherwise, of such Person in respect of bankers’ acceptances. “Indemnified Amounts” has the meaning given to such term in Section 11.01. “Indemnified Party” has the meaning given to such term in Section 11.01. “Indemnified Taxes” means (a) Taxes, other than Excluded Taxes, imposed on or with respect to any payment made by or for the account of the Borrower under the Basic Documents, and (b) to the extent not co...
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Examples of Image File Custodian in a sentence

  • The Image File Custodian shall not be liable for any action or omission to act hereunder, except for its own gross negligence, bad faith or willful misconduct.

  • The Image File Custodian shall not be bound to ascertain or inquire as to the performance or observance of any of the terms of this Agreement or any other agreement on the part of any party, except as may otherwise be specifically set forth herein.

  • The Image File Custodian shall perform such duties and only such duties as are specifically set forth in this Agreement.

  • The Image File Custodian shall retain such Imaged Files on its computer systems in accordance with Section 9.09.

  • The Image File Custodian may conclusively rely upon the validity of documents delivered to it, without investigation as to their authenticity or legal effectiveness, and the Servicer and the other parties to this Agreement will hold the Image File Custodian harmless from any claims that may arise or be asserted against the Image File Custodian because of the invalidity of any such documents or their failure to fulfill their intended purpose.

  • The Image File Custodian may rely in good faith on any document of any kind, prima facie, properly executed and submitted by any Person respecting any matters arising hereunder.

  • For the avoidance of doubt, if a Contract contained within an Imaged File is not fully executed, the Image File Custodian will specify that such Contract is not fully executed in the exception report attached to the related Custodian Certification.

  • In no event shall the Image File Custodian have any responsibility to ascertain or take action with respect to the Imaged Files relating to any of the Receivables or other Collateral, except as expressly provided herein.

  • The Image File Custodian may consult with counsel of its choice with regard to legal questions arising out of or in connection with this Agreement and the advice or opinion of such counsel shall be full and complete authorization and protection in respect of any action taken, omitted or suffered by the Image File Custodian in good faith in accordance therewith.

  • From the date hereof until the Facility Termination Date the Image File Custodian will not assign, transfer, convey, deliver or dispose of any Imaged Files related to a Receivable or other document evidencing or relating to any of the Collateral or any of the Collateral except as contemplated by this Agreement.


More Definitions of Image File Custodian

Image File Custodian means Wells Fargo, not in its individual capacity but solely in its capacity as image file custodian under the Back-up Servicing Agreement, its successors in interest and any successor image file custodian under the Back-up Servicing Agreement.
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Related to Image File Custodian

  • Repo Custodian shall have the meaning set forth in the preamble of this Agreement.

  • Sub-Custodian means and include (i) any branch of a “U.S. bank,” as that term is defined in Rule 17f-5 under the 1940 Act, and (ii) any “Eligible Foreign Custodian” having a contract with the Custodian which the Custodian has determined will provide reasonable care of assets of the Fund based on the standards specified in Section 3.3 below. Such contract shall be in writing and shall include provisions that provide: (i) for indemnification or insurance arrangements (or any combination of the foregoing) such that the Fund will be adequately protected against the risk of loss of assets held in accordance with such contract; (ii) that the Foreign Securities will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Sub-Custodian or its creditors except a claim of payment for their safe custody or administration, in the case of cash deposits, liens or rights in favor of creditors of the Sub-Custodian arising under bankruptcy, insolvency, or similar laws; (iii) that beneficial ownership for the Foreign Securities will be freely transferable without the payment of money or value other than for safe custody or administration; (iv) that adequate records will be maintained identifying the assets as belonging to the Fund or as being held by a third party for the benefit of the Fund; (v) that the Fund’s independent public accountants will be given access to those records or confirmation of the contents of those records; and (vi) that the Fund will receive periodic reports with respect to the safekeeping of the Fund’s assets, including, but not limited to, notification of any transfer to or from a Fund's account or a third party account containing assets held for the benefit of the Fund. Such contract may contain, in lieu of any or all of the provisions specified in (i)-(vi) above, such other provisions that the Custodian determines will provide, in their entirety, the same or a greater level of care and protection for Fund assets as the specified provisions.

  • Receivable Files means the documents specified in Section 3.3.

  • Custodial File Any mortgage loan document in the Mortgage File that is required to be delivered to the Trustee or Custodian pursuant to Section 2.01(b) of this Agreement.

  • Servicer File means, collectively, all documents, records and copies pertaining to a Mortgage Loan which are required to be included in the related Servicer File pursuant to Section 3 thereof.

  • Case file means a record that is assembled and maintained for each application approved for state cost sharing.

  • Custodian means any receiver, trustee, assignee, liquidator or similar official under any Bankruptcy Law.

  • ADS Custodian means the person then acting as custodian under the Deposit Agreement. The ADS Custodian as of the Issue Date is The Bank of New York Mellon.

  • Receivable File means the documents (whether tangible or electronic) specified in Section 2.02 pertaining to a particular Receivable.

  • Contract File means with respect to each Contract, the physical and/or electronic files in which Credit Acceptance maintains the fully executed original counterpart or “authoritative copy” (in each case, for UCC purposes) of the Contract (to the extent required in accordance with Section 3.03 of this Agreement), either a standard assurance in the form commonly used in the industry relating to the provision of a certificate of title or other evidence of lien, the original or electronic instruments modifying the terms and conditions of such Contract and the original or electronic endorsements or assignments of such Contract.

  • Servicing File The items pertaining to a particular Mortgage Loan including, but not limited to, the computer files, data disks, books, records, data tapes, notes, and all additional documents generated as a result of or utilized in originating and/or servicing each Mortgage Loan, which are held in trust for the Trustee by the Servicer.

  • Loan Files means the documents specified in Section 2.1 of the Sale Agreement.

  • Certificate Administrator’s Website The internet website of the Certificate Administrator, initially located at xxx.xxxxxxx.xxx.

  • Certificate Administrator means the certificate administrator appointed as provided in the Lead Securitization Servicing Agreement.

  • Trustee Mortgage Files With respect to each Mortgage Loan, the Mortgage Documents to be retained in the custody and possession of the Trustee or the Custodian on behalf of the Trustee pursuant to the Custodial Agreement.

  • DTC Custodian means the custodian of the DTC Notes on behalf of DTC, which initially shall be the Global Agent.

  • Electronic File Transfer means any system or process that utilizes an electronic format and protocol to send or receive data files.

  • Lease File means, for each Lease, the Collateral Lease File applicable to such Lease.

  • Certificate Administrator Personnel The divisions and individuals of the Certificate Administrator who are involved in the performance of the duties of the Certificate Administrator under this Agreement.

  • Legal custodian means an individual who is at least 18 years of age in whose care a minor child remains or is placed after a court makes a finding under section 13a(5) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.13a.

  • Certificate Custodian Initially, First Union National Bank; thereafter any other Certificate Custodian acceptable to The Depository Trust Company and selected by the Trustee.

  • Successor Servicer has the meaning specified in Section 3.07(e) of the Indenture.

  • Mortgage File The mortgage documents listed in Section 2.01 pertaining to a particular Mortgage Loan and any additional documents required to be added to the Mortgage File pursuant to this Agreement.

  • CREFC® Special Servicer Loan File The data file in the “CREFC® Special Servicer Loan File” format substantially in the form of and containing the information called for therein for the Mortgage Loans, or such other form for the presentation of such information as may be approved from time to time by the CREFC® for commercial mortgage securities transactions generally.

  • Electronic File means any text, illustration or other matter supplied or produced by either Party in digitised form on disc, through a modem, or by ISDN or any other communication link.

  • Bankruptcy Custodian means any receiver, trustee, assignee, liquidator or similar official under any Bankruptcy Law.