Examples of Servicing Fee Receivables in a sentence
Each Issuer has pledged such rights to reimbursement for P&I Advances and Deferred Servicing Fee Receivables to an Indenture Trustee on behalf of certain noteholders.
Upon the execution and delivery the Purchase Agreement, the Purchase Agreement shall evidence a valid sale, transfer, assignment and conveyance of the Nationstar Additional Deferred Servicing Fee Receivables as of the Effective Date to Advance Purchaser prior to the final MSR Transfer Date, which is enforceable against creditors of and purchasers from Nationstar except as such enforceability may be limited by bankruptcy, insolvency or similar laws and by equitable principles.
Nationstar and Advance Purchaser hereby affirm that Deferred Servicing Fee Receivables that are ineligible for financing under the Indenture will not be sold or transferred under the Purchase Agreement or hereunder and shall not otherwise constitute “Receivables” for purposes hereof or any other Transaction Document.
The records shall include, but not be limited to, copies of the Servicer’s organizational documents and all amendments thereto, a current list of the names and last known business, residence or mailing addresses of all Owners, a current list of all Excess Servicing Fee Receivables and related Investment Pools, and the Servicer’s Federal, state or local tax returns.
If the Servicer receives any termination fee for termination of its role as servicer under the Agency Agreement, the Servicer shall pay over to the Certificateholder the portion (up to 100%) of such termination fee, not exceeding the fair value of the lost Excess Servicing Fee Receivables with respect to the Agency Agreement.
OLS and HLSS hereby affirm that Deferred Servicing Fee Receivables that are ineligible for financing under the Indenture will not be sold or transferred under the Purchase Agreement or hereunder and shall not otherwise constitute “Receivables” for purposes hereof or any other Transaction Document.
The Purchase Agreement evidences a valid sale, transfer, assignment and conveyance of the Nationstar Deferred Servicing Fee Receivables to Advance Purchaser prior to the final MSR Transfer Date, which is enforceable against creditors of and purchasers from Nationstar except as such enforceability may be limited by bankruptcy, insolvency or similar laws and by equitable principles.
The Excess Servicing Fee Receivables constitute “general intangibles” or “accounts” within the meaning of the applicable UCC.
The Servicer shall, to the extent consistent with this Agreement, take such actions as may be necessary to ensure that, if such agreement were deemed to create a security interest in, and not to constitute a sale of, Excess Servicing Fee Receivables, such security interest would be deemed to be a perfected security interest in favor of the Certificateholder under applicable law and shall be maintained as such throughout the term of this Agreement.
The Purchaser hereby acknowledges and agrees (on behalf of itself and its assignees and successors in interest) that it has been paid in respect of the Excess Servicing Fees related to the Deferred Servicing Fee Receivables that have been sold to HLSS or the applicable Depositor, as applicable, on or prior to the date of this disclaimer (this “Side Letter”).