Common use of Appointment of Sub-Servicer Clause in Contracts

Appointment of Sub-Servicer. The Servicer hereby appoints Deere Credit Services, Inc. as Sub-Servicer and may at any time appoint a successor Sub-Servicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that the Rating Agency Condition shall have been satisfied in connection with the appointment of a successor Sub-Servicer; provided further that the Servicer shall remain obligated and be liable to the Issuing Entity, the Owner Trustee, the Indenture Trustee, the Certificateholder and the Noteholders for the servicing and administering of the Receivables in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such Sub-Servicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Receivables. The fees and expenses of the Sub-Servicer shall be as agreed between the Servicer and its Sub-Servicer from time-to-time and none of the Issuing Entity, the Owner Trustee, the Indenture Trustee, the Certificateholder or the Noteholders shall have any responsibility therefor. If at any time the Sub-Servicer shall fail to comply with any of its obligations under Section 4.16 of this Agreement during the period that the Seller is required to file Exchange Act Reports with respect to the Trust and such failure is not remedied within the lesser of ten calendar days and the period of time in which the related Exchange Act Report is required to be filed (without taking into account any extensions), then the Seller may remove the Sub-Servicer.

Appears in 33 contracts

Samples: Sale and Servicing Agreement (Deere John Capital Corp), Sale and Servicing Agreement (John Deere Receivables LLC), Sale and Servicing Agreement (Deere John Capital Corp)

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Appointment of Sub-Servicer. The Servicer hereby appoints Deere Credit Services, Inc. as Sub-Servicer and may at any time appoint a successor Sub-Servicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that the Rating Agency Condition shall have been satisfied in connection with the appointment of a successor Sub-Servicer; provided further that the Servicer shall remain obligated and be liable to the Issuing Entity, the Owner Trustee, the Indenture Trustee, the Certificateholder and the Noteholders for the servicing and administering of the Receivables in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such Sub-Servicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Receivables. The fees and expenses of the Sub-Servicer shall be as agreed between the Servicer and its Sub-Servicer from time-to-time to time and none of the Issuing Entity, the Owner Trustee, the Indenture Trustee, the Certificateholder or the Noteholders shall have any responsibility therefor. If at any time the Sub-Servicer shall fail to comply with any of its obligations under Section 4.16 of this Agreement during the period that the Seller is required to file Exchange Act Reports with respect to the Trust and such failure is not remedied within the lesser of ten calendar days and the period of time in which the related Exchange Act Report is required to be filed (without taking into account any extensions), then the Seller may remove the Sub-Servicer.

Appears in 9 contracts

Samples: Sale and Servicing Agreement (John Deere Owner Trust 2012-B), Sale and Servicing Agreement (John Deere Owner Trust 2012), Sale and Servicing Agreement (John Deere Receivables, Inc.)

Appointment of Sub-Servicer. The Servicer hereby appoints Deere Credit Services, Inc. as Sub-Servicer and may at any time appoint a successor Sub-Sub- Servicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that the Rating Agency Condition shall have been satisfied in connection with the appointment of a successor Sub-Servicer; provided further that the Servicer shall remain obligated and be liable to the Issuing Entity, the Owner Trustee, the Indenture Trustee, the Certificateholder and the Noteholders for the servicing and administering of the Receivables in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such Sub-Servicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Receivables. The fees and expenses of the Sub-Servicer shall be as agreed between the Servicer and its Sub-Sub- Servicer from time-to-time and none of the Issuing Entity, the Owner Trustee, the Indenture Trustee, the Certificateholder or the Noteholders shall have any responsibility therefor. If at any time the Sub-Servicer shall fail to comply with any of its obligations under Section 4.16 of this Agreement during the period that the Seller is required to file Exchange Act Reports with respect to the Trust and such failure is not remedied within the lesser of ten calendar days and the period of time in which the related Exchange Act Report is required to be filed (without taking into account any extensions), then the Seller may remove the Sub-Servicer.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (John Deere Owner Trust 2015-B), Sale and Servicing Agreement (John Deere Owner Trust 2015), Sale and Servicing Agreement (John Deere Owner Trust 2014-B)

Appointment of Sub-Servicer. The Servicer hereby appoints Deere Credit Services, Inc. as Sub-Servicer and may at any time appoint a successor Sub-Servicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that the Rating Agency Condition shall have been satisfied in connection with the appointment of a successor Sub-Servicer; provided further that the Servicer shall remain obligated and be liable to the Issuing Entity, the Owner Trustee, the Indenture Trustee, the Certificateholder and the Noteholders for the servicing and administering of the Receivables in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such Sub-Servicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Receivables. The fees and expenses of the Sub-Servicer shall be as agreed between the Servicer and its Sub-Sub- Servicer from time-to-time and none of the Issuing Entity, the Owner Trustee, the Indenture Trustee, the Certificateholder or the Noteholders shall have any responsibility therefor. If at any time the Sub-Servicer shall fail to comply with any of its obligations under Section 4.16 of this Agreement during the period that the Seller is required to file Exchange Act Reports with respect to the Trust and such failure is not remedied within the lesser of ten calendar days and the period of time in which the related Exchange Act Report is required to be filed (without taking into account any extensions), then the Seller may remove the Sub-Servicer.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (John Deere Receivables, Inc.), Sale and Servicing Agreement (John Deere Receivables, Inc.), Sale and Servicing Agreement (John Deere Receivables, Inc.)

Appointment of Sub-Servicer. The Servicer hereby appoints Deere Credit Services, Inc. as Sub-Sub Servicer and may at any time appoint a successor Sub-Sub Servicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that the Rating Agency Condition shall have been satisfied in connection with the appointment of a successor Sub-Servicer; provided further that the Servicer shall remain obligated and be liable to the Issuing Entity, the Owner Trustee, the Indenture Trustee, the Certificateholder and the Noteholders for the servicing and administering of the Receivables in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such Sub-Sub Servicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Receivables. The fees and expenses of the Sub-Sub Servicer shall be as agreed between the Servicer and its Sub-Sub Servicer from time-to-time and none of the Issuing Entity, the Owner Trustee, the Indenture Trustee, the Certificateholder or the Noteholders shall have any responsibility therefor. If at any time the Sub-Servicer shall fail to comply with any of its obligations under Section 4.16 of this Agreement during the period that the Seller is required to file Exchange Act Reports with respect to the Trust and such failure is not remedied within the lesser of ten calendar days and the period of time in which the related Exchange Act Report is required to be filed (without taking into account any extensions), then the Seller may remove the Sub-Servicer.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (John Deere Owner Trust 2013-B), Sale and Servicing Agreement (John Deere Owner Trust 2013)

Appointment of Sub-Servicer. The Master Servicer hereby appoints Deere Credit Services, Inc. as Sub-Servicer and may at any time time, upon the written consent of the Administrator, appoint a successor Subone or more sub-Servicer servicers to perform all or any portion of its obligations as Master Servicer hereunder; provided, however, that the Rating Agency Condition shall have been satisfied in connection with the appointment of a successor Sub-Servicertherewith; provided further provided, further, that the Master Servicer shall remain obligated and be liable to the Issuing EntityIssuer, the Owner Eligible Lender Trustee, the Indenture Trustee, the Certificateholder Trustee and the Noteholders for the servicing and administering of the Receivables Trust Student Loans in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such Subsub-Servicer servicer and to the same extent and under the same terms and conditions as if the Master Servicer alone were servicing and administering the ReceivablesTrust Student Loans. The fees and expenses of the Subeach sub-Servicer servicer shall be as agreed between the Master Servicer and its Subsuch sub-Servicer servicer from time-to-time to time and none of the Issuing EntityIssuer, the Owner Eligible Lender Trustee, the Indenture Trustee, the Certificateholder Trustee or the Noteholders shall have any responsibility therefor. If at any time With respect to satisfying the SubRating Agency Condition referred to above, the term “sub-servicer” shall be deemed not to include systems providers, systems developers or systems maintenance contractors, collection agencies, credit bureaus, lock box providers, mail service providers and other similar types of service providers. The parties hereto hereby acknowledge and consent to the appointment of ACS and AES as the initial sub-servicers (and custodians of the Trust Student Loans each such sub-servicer is servicing) pursuant to the sub-servicing agreements entered into by the Master Servicer shall fail to comply with any of its obligations under Section 4.16 and the applicable sub-servicers and acknowledge that the requirements of this Agreement during the period that the Seller is required Section 3.9 are deemed to file Exchange Act Reports have been met with respect to the Trust ACS and such failure is not remedied within the lesser of ten calendar days and the period of time in which the related Exchange Act Report is required to be filed (without taking into account any extensions), then the Seller may remove the Sub-ServicerAES.

Appears in 1 contract

Samples: Master Servicing Agreement (Wachovia Student Loan Trust 2005-1)

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Appointment of Sub-Servicer. The Master Servicer hereby appoints Deere Credit Services, Inc. as Sub-Servicer and may at any time time, upon the written consent of the Administrator, appoint a successor Subone or more sub-Servicer servicers to perform all or any portion of its obligations as Master Servicer hereunder; provided, however, that the any applicable Rating Agency Condition shall have been satisfied in connection with the appointment of a successor Sub-Servicertherewith; provided further provided, further, that the Master Servicer shall remain obligated and be liable to the Issuing EntityIssuer, the Owner Eligible Lender Trustee, the Indenture Trustee, the Certificateholder Trustee and the Noteholders for the servicing and administering of the Receivables Trust Student Loans in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such Subsub-Servicer servicer and to the same extent and under the same terms and conditions as if the Master Servicer alone were servicing and administering the ReceivablesTrust Student Loans. The fees and expenses of the Subeach sub-Servicer servicer shall be as agreed between the Master Servicer and its Subsuch sub-Servicer servicer from time-to-time to time and none of the Issuing EntityIssuer, the Owner Eligible Lender Trustee, the Indenture Trustee, the Certificateholder Trustee or the Noteholders shall have any responsibility therefor. If at any time With respect to satisfying the SubRating Agency Condition referred to above, the term “sub-servicer” shall be deemed not to include systems providers, systems developers or systems maintenance contractors, collection agencies, credit bureaus, lock box providers, mail service providers and other similar types of service providers. The parties hereto hereby acknowledge and consent to the appointment of [_____] and [_____] as the initial sub-servicers (and custodians of the Trust Student Loans each such sub-servicer is servicing) pursuant to the sub-servicing agreements entered into by the Master Servicer shall fail to comply with any of its obligations under Section 4.16 and the applicable sub-servicers and acknowledge that the requirements of this Agreement during the period that the Seller is required Section 4.13 are deemed to file Exchange Act Reports have been met with respect to the Trust [_____] and such failure is not remedied within the lesser of ten calendar days and the period of time in which the related Exchange Act Report is required to be filed (without taking into account any extensions), then the Seller may remove the Sub-Servicer[_____].

Appears in 1 contract

Samples: Master Servicing Agreement (Wachovia Education Loan Funding LLC)

Appointment of Sub-Servicer. The Servicer hereby appoints Deere Credit Services, Inc. as Sub-Servicer Sub‑Servicer and may at any time appoint a successor Sub-Servicer Sub‑Servicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that the Rating Agency Condition shall have been satisfied in connection with the appointment of a successor Sub-Servicer; provided further that the Servicer shall remain obligated and be liable to the Issuing Entity, the Owner Trustee, the Indenture Trustee, the Certificateholder and the Noteholders for the servicing and administering of the Receivables in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such Sub-Servicer Sub‑Servicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Receivables. The fees and expenses of the Sub-Servicer Sub‑Servicer shall be as agreed between the Servicer and its Sub-Servicer Sub‑Servicer from time-to-time to time and none of the Issuing Entity, the Owner Trustee, the Indenture Trustee, the Certificateholder or the Noteholders shall have any responsibility therefor. If at any time the Sub-Servicer shall fail to comply with any of its obligations under Section 4.16 of this Agreement during the period that the Seller is required to file Exchange Act Reports with respect to the Trust and such failure is not remedied within the lesser of ten calendar days and the period of time in which the related Exchange Act Report is required to be filed (without taking into account any extensions), then the Seller may remove the Sub-Servicer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (John Deere Owner Trust 2008)

Appointment of Sub-Servicer. The Servicer hereby appoints Deere Credit Services, Inc. as Sub-Servicer and may at any time time, with the Note Insurer's consent, appoint a successor subservicer (which shall initially be the Sub-Servicer servicer) to perform all or any portion of its obligations as Servicer hereunder; provided, however, that 10 days' prior notice of such appointment (other than the Rating Agency Condition appointment of the Sub-servicer) shall have been satisfied given to the Rating Agencies and each Rating Agency shall have notified the Servicer, the Backup Servicer, the Owner Trustee and the Indenture Trustee in connection with writing that such appointment will not result in a reduction or withdrawal of the appointment then current ratings of a successor Sub-Servicerthe Notes or the Certificates or result in an increased capital charge to the Note Insurer; provided further and, provided, further, that the Servicer shall remain obligated and be liable to the Issuing Entity, the Owner Trustee, the Indenture Trustee, the Certificateholder Note Insurer and the Noteholders Securityholders for the servicing and administering of the Receivables in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such Sub-Servicer subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Receivables. The fees and expenses of any subservicer (including without limitation the Sub-Servicer servicer) shall be as agreed between the Servicer and its Sub-Servicer such subservicer from time to time-to-time , and none of the Issuing Entity, the Owner Trustee, the Indenture Trustee, the Certificateholder Issuer, the Backup Servicer, the Note Insurer or the Noteholders Securityholders shall have any responsibility therefor. If at any time the Sub-Servicer shall fail to comply with any of its obligations under Section 4.16 of this Agreement during the period that the Seller is required to file Exchange Act Reports with respect to the Trust and such failure is not remedied within the lesser of ten calendar days and the period of time in which the related Exchange Act Report is required to be filed (without taking into account any extensions), then the Seller may remove the Sub-Servicer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (First Merchants Acceptance Corp)

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