THE SERVICER AND THE DEPOSITOR Sample Clauses

THE SERVICER AND THE DEPOSITOR. SECTION 6.01 Liability of the Servicer and the Depositor.
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THE SERVICER AND THE DEPOSITOR. SECTION 6.01. Liability of the Servicer and the Depositor...................................................108 SECTION 6.02. Merger or Consolidation of, or Assumption of the Obligations of, the Servicer or the Depositor.....................................................................108 SECTION 6.03. Limitation on Liability of the Servicer and Others............................................108 SECTION 6.04. Servicer Not to Resign........................................................................109 SECTION 6.05.
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THE SERVICER AND THE DEPOSITOR. Section 6.01 Liability of the Master Servicer and the Depositor............. Section 6.02 Merger or Consolidation of, or Assumption of the Obligations of, the Master Servicer or the Depositor....................... Section 6.03
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THE SERVICER AND THE DEPOSITOR. Section 4.01 Liability of the Servicer and the Depositor....................................................31
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THE SERVICER AND THE DEPOSITOR. Section 7.01. Liability of the Servicer and the Depositor 66 Section 7.02. Merger or Consolidation of, or Assumption of the Obligations of, the Servicer or the Depositor 66 Section 7.03. Limitation on Liability of the Servicer, the Depositor and Others 66 Section 7.04. Servicer Not to Resign 67 Section 7.05. Delegation of Duties 68 ARTICLE VIII SERVICER TERMINATION EVENTS Section 8.01. Servicer Termination Events 69 Section 8.02. Trustee to Act; Appointment of Successor 70 Section 8.03. Notification to Certificateholders 71 ARTICLE IX THE TRUSTEE AND THE ADMINISTRATOR Section 9.01. Duties of Trustee 73 Page Section 9.02. Certain Matters Affecting the Trustee 74 Section 9.03. Trustee Not Liable for Certificates or Home Equity Loans 75 Section 9.04. Trustee May Own Certificates 76 Section 9.05. Servicer to Pay Trustee’s Fees and Expenses 76 Section 9.06. Eligibility Requirements for Trustee 76 Section 9.07. Resignation or Removal of Trustee 77 Section 9.08. Successor Trustee 77 Section 9.09. Merger or Consolidation of Trustee 78 Section 9.10. Appointment of Co-Trustee or Separate Trustee 78 Section 9.11. Trustee May Enforce Claims Without Possession of Certificates 80 Section 9.12. Inspection of Mortgage Files 80 Section 9.13. Duties of Administrator 80 Section 9.14. Certain Matters Affecting the Administrator 81 Section 9.15. Administrator May Own Certificates 81 Section 9.16. Servicer to Pay Administrator’s Fees and Expenses 81 Section 9.17. Eligibility Requirements for Administrator 82 Section 9.18. Resignation or Removal of Administrator 82 Section 9.19. Successor Administrator 83 Section 9.20. Merger or Consolidation of Administrator 83 Section 9.21. Tax Matters 84 Section 9.22. [Rights of the Certificate Insurer to Exercise Rights of Class [A] Certificateholders] 86 Section 9.23. [Trustee to Act Solely with Consent of the Certificate Insurer.] 87
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THE SERVICER AND THE DEPOSITOR. Section 5.01. Liability of the Servicer, Master Servicer and the Depositor 62 Section 5.02. Merger or Consolidation of, or Assumption of the Obligations of, the Servicer or the Depositor 62 Section 5.03. Limitation on Liability of the Servicer, Master Servicer and Others 62 Section 5.04. Servicer Not to Resign 63 Section 5.05. Delegation of Duties 63 Section 5.06. Indemnification 64 Section 5.07. Inspection 64 ARTICLE VI DEFAULT
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THE SERVICER AND THE DEPOSITOR. Section 6.01. Liability of the Servicer and the Depositor 72 Section 6.02. Merger of Consolidation of, or Assumption of the Obligations of, the Servicer or the Depositor 72 Section 6.03. Limitation on Liability of the Servicer, the Depositor and Others 72 Section 6.04. Servicer Not to Resign 73 Section 6.05. Delegation of Duties 73 Section 6.06. Tax Matters 74 ARTICLE VII SERVICER TERMINATION EVENTS Section 7.01. Servicer Termination Events 77 TABLE OF CONTENTS (continued) Page iii TABLE OF CONTENTS (continued) Page
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THE SERVICER AND THE DEPOSITOR 
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Related to THE SERVICER AND THE DEPOSITOR

  • THE MASTER SERVICER AND THE DEPOSITOR Section 6.01 Liability of the Master Servicer and the Depositor.

  • Liability of the Master Servicer and the Depositor The Depositor and the Master Servicer each shall be liable in accordance herewith only to the extent of the obligations specifically imposed by this Agreement and undertaken hereunder by the Depositor and the Master Servicer herein.

  • Liability of the Servicer and the Depositor The Servicer shall be liable in accordance herewith only to the extent of the obligations specifically imposed upon and undertaken by Servicer herein. The Depositor shall be liable in accordance herewith only to the extent of the obligations specifically imposed upon and undertaken by the Depositor.

  • THE DEPOSITOR AND THE SERVICER Section 7.01 Respective Liabilities of the Depositor and the Servicer...... Section 7.02 Merger or Consolidation of the Depositor or the Servicer...... Section 7.03 Limitation on Liability of the Depositor, the Servicer and Others.................................................. Section 7.04 Depositor and Servicer Not to Resign.........................

  • Liability of the Depositor and the Servicer The Depositor and the Servicer shall each be liable in accordance herewith only to the extent of the obligations specifically imposed by this Agreement and undertaken hereunder by the Depositor and the Servicer herein.

  • Rights of the Depositor, the Trustee and the Certificate Administrator in Respect of the Master Servicer and Special Servicer The Master Servicer and the Special Servicer shall afford the Depositor, the Trustee, the Certificate Administrator and, subject to Section 12.13 of this Agreement, each Rating Agency, upon reasonable notice, during normal business hours access to all records maintained by it in respect of its rights and obligations hereunder and access to its officers responsible for such obligations, if reasonably related to the performance of the obligations of such Person under this Agreement. Upon request, if reasonably related to the performance of the obligations of such Person under this Agreement, the Master Servicer and the Special Servicer shall furnish to the Depositor, each of the Underwriters, the Initial Purchasers, the Master Servicer, the Special Servicer, the Trustee and the Certificate Administrator its most recent publicly available annual financial statements or those of its public parent. The Depositor is not obligated to monitor or supervise the performance of the Master Servicer, the Special Servicer, the Operating Advisor, the Asset Representations Reviewer, the Certificate Administrator or the Trustee under this Agreement. The Depositor may, but is not obligated to, enforce the obligations of the Master Servicer or the Special Servicer hereunder which are in default and may, but is not obligated to, perform, or cause a designee to perform, any defaulted obligation of such Person hereunder or exercise its rights hereunder, provided that the Master Servicer and the Special Servicer shall not be relieved of any of its obligations hereunder by virtue of such performance by the Depositor or its designee. In the event the Depositor or its designee undertakes any such action it will be reimbursed by the Trust Fund from the Collection Account as provided in Section 3.06 and Section 6.03 of this Agreement to the extent not recoverable from the Master Servicer or the Special Servicer, as applicable. None of the Depositor, the Trustee, the Certificate Administrator, the Master Servicer (with respect to the Special Servicer) or the Special Servicer (with respect to the Master Servicer) shall have any responsibility or liability for any action or failure to act by the Master Servicer or the Special Servicer, and no such Person is obligated to monitor or supervise the performance of the Master Servicer or the Special Servicer under this Agreement or otherwise. Neither the Master Servicer nor the Special Servicer shall have any responsibility or liability for any action or failure to act by the Depositor, the Trustee or the Certificate Administrator and neither such Person is obligated to monitor or supervise the performance of the Depositor, the Trustee or the Certificate Administrator under this Agreement or otherwise. Each of the Trustee, the Certificate Administrator, the Depositor, the Master Servicer, and the Special Servicer shall furnish such reports, certifications and information as are reasonably requested by the Trustee, the Certificate Administrator, the Depositor, the Master Servicer or the Special Servicer, as applicable, in order to enable such requesting party to perform its duties hereunder, provided that for the avoidance of doubt, this shall not require any Person to prepare any reports, Certificates and information not required to be prepared hereunder. Neither the Master Servicer nor the Special Servicer shall be under any obligation to disclose confidential or proprietary information pursuant to this Section.

  • Liability of the Depositor and the Master Servicer The Depositor and the Master Servicer each shall be liable in accordance herewith only to the extent of the obligations specifically imposed by this Agreement and undertaken hereunder by the Depositor and the Master Servicer herein.

  • THE DEPOSITOR AND THE MASTER SERVICER SECTION 6.01. Respective Liabilities of the Depositor and the Master Servicer.......................VI-1 SECTION 6.02. Merger or Consolidation of the Depositor or the Master Servicer.......................VI-1 SECTION 6.03. Limitation on Liability of the Depositor, the Sellers, the Master Servicer and Others................................................................................VI-1 SECTION 6.04. Limitation on Resignation of Master Servicer..........................................VI-2 ARTICLE VII DEFAULT

  • Representations of the Seller and the Depositor The respective agreements, representations, warranties and other statements by the Seller and the Depositor set forth in or made pursuant to this Agreement shall remain in full force and effect and will survive the closing under Section 2.02 and the transfers and assignments referred to in Section 7.04.

  • Compensation to the Master Servicer and the Servicers As compensation for its activities hereunder, the Master Servicer shall be entitled to receive from the Investment Account or the Certificate Account the amounts provided for by Section 3.05(a)(iii). The Master Servicer shall be required to pay all expenses incurred by it in connection with its activities hereunder and shall not be entitled to reimbursement therefor, except as specifically provided herein. As compensation for its activities under the applicable Selling and Servicing Contract, the applicable Servicer shall be entitled to withhold or withdraw from the related Custodial Account for P&I the amounts provided for in such Selling and Servicing Contract to the extent not inconsistent with this Agreement (including Section 3.05(d)). Each Servicer is required to pay all expenses incurred by it in connection with its servicing activities under its Selling and Servicing Contract (including payment of premiums for Primary Insurance Policies, other than Special Primary Insurance Policies, if required) and shall not be entitled to reimbursement therefor except as specifically provided in such Selling and Servicing Contract and not inconsistent with this Agreement.

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