Common use of Assignment by the Seller Clause in Contracts

Assignment by the Seller. The Seller shall have the right, upon notice to but without the consent of the Servicer, to assign, in whole or in part, its interest under this Agreement to the Depositor, which in turn shall assign such rights to the Trustee, and the Trustee then shall succeed to all rights (but not the obligations, except as set forth in the Trust Agreement) of the Seller under this Agreement (and in performing hereunder, the Trustee shall have all of the rights, protections and immunities afforded to it under the Trust Agreement). All references to the Seller in this Agreement shall be deemed to include its assignee or designee and any subsequent assignee or designee, specifically including the Trustee, except with respect to the Seller’s retained servicing rights pursuant to Section 8.02(iii). The Seller shall have the right, upon notice to but without the consent of the Servicer or the Trustee, to assign, in whole or in part, its retained servicing rights. All references to the Seller in this Agreement, in its capacity as an owner of servicing rights, shall be deemed to include the assignee or designee and any subsequent assignee or designee, of the Seller’s rights arising pursuant to Section 8.02(iii).

Appears in 76 contracts

Samples: Servicing Agreement (Lehman Mortgage Trust 2007-10), Servicing Agreement (Lehman XS Trust 2007-9), Servicing Agreement (Structured Asset Securities Corp Mortgage Pass-Through Certificates, Series 2004-19-Xs)

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Assignment by the Seller. The Seller shall have the right, upon notice to but without the consent of the Servicer, to assign, in whole or in partpart (but exclusive of such Seller’s rights as owner of the servicing rights relating to the Mortgage Loans), its interest under this Agreement to the Depositor, which in turn shall assign such rights to the Trustee, and the Trustee then shall succeed to all rights (but not the obligations, except as set forth in the Trust Agreement) of the such Seller under this Agreement (and in performing hereunder, the Trustee shall have all of the rights, protections and immunities afforded to it under the Trust Agreement). All references to the Seller in this Agreement shall be deemed to include its assignee or designee and any subsequent assignee or designee, specifically including the Trustee, except with respect to the Seller’s retained servicing rights pursuant to Section 8.02(iii8.02(a)(iii). The Seller shall have the right, upon notice to but without the consent of the Servicer or the TrusteeServicer, to assign, in whole or in part, its retained servicing rights. All references to the Seller in this Agreement, in its capacity as an owner of servicing rights, shall be deemed to include the assignee or designee and any subsequent assignee or designee, of the such Seller’s rights arising pursuant to Section 8.02(iii8.02(a)(iii).

Appears in 51 contracts

Samples: Servicing Agreement (Structured Asset Inv Loan Tr Mort Pass-THR Cert Ser 2004-1), Servicing Agreement (Structured Asset Investment Loan Trust 2005-5), Servicing Agreement (Lehman XS Trust 2007-17h)

Assignment by the Seller. The Seller shall have the right, upon notice to but without the consent of the Servicer, to assign, in whole or in part, its interest under this Agreement to the Depositor, which in turn shall assign such rights to the Trustee, and the Trustee then shall succeed to all rights (but not the obligations, except as set forth in the Trust Agreement) of the Seller under this Agreement (and in performing hereunder, the Trustee shall have all of the rights, protections and immunities afforded to it under the Trust Agreement). All references to the Seller in this Agreement shall be deemed to include its assignee or designee and any subsequent assignee or designee, specifically including the Trustee, except with respect to the Seller’s retained servicing rights pursuant to Section 8.02(iii). The Seller shall have the right, upon notice to but without the consent of the Servicer or the TrusteeServicer, to assign, in whole or in part, its retained servicing rights. All references to the Seller or the Trustee in this Agreement, in its capacity as an owner of servicing rights, shall be deemed to include the assignee or designee and any subsequent assignee or designee, of the Seller’s rights arising pursuant to Section 8.02(iii).

Appears in 5 contracts

Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 2004 6xs), Servicing Agreement (Lehman Abs Corp Mortgage Pass-Through Certs Series 2004-1), Servicing Agreement (Structured Asset Securities Corp Mortgage Pass-Through Certificates 2004-9xs)

Assignment by the Seller. The Seller shall have the right, upon notice to but without the consent of the Servicer, to assign, in whole or in partpart (but exclusive of such Seller’s rights as owner of the servicing rights relating to the Mortgage Loans), its interest under this Agreement to the Depositor, which in turn shall assign such rights to the Issuer, which in turn shall assign its rights to the Indenture Trustee, and the Indenture Trustee then shall succeed to all rights (but not the obligations, except as set forth in the Trust Agreement) of the such Seller under this Agreement (and in performing hereunder, the Trustee shall have all of the rights, protections and immunities afforded to it under the Trust Agreement). All references to the Seller in this Agreement shall be deemed to include its assignee or designee and any subsequent assignee or designee, specifically including the Indenture Trustee, except with respect to the Seller’s retained servicing rights pursuant to Section 8.02(iii8.02(a)(iii). The Seller shall have the right, upon notice to but without the consent of the Servicer or the TrusteeServicer, to assign, in whole or in part, its retained servicing rights. All references to the Seller in this Agreement, in its capacity as an owner of servicing rights, shall be deemed to include the assignee or designee and any subsequent assignee or designee, of the such Seller’s rights arising pursuant to Section 8.02(iii8.02(a)(iii).

Appears in 2 contracts

Samples: Servicing Agreement (SASCO Mortgage Loan Trust 2004-Gel3), Servicing Agreement (Sasco Mortgage Loan Trust Series 2004-Gel2)

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Assignment by the Seller. The Seller shall have the right, upon notice to but without the consent of the Servicer, to assign, in whole or in part, its interest under this Agreement to the Depositor, which in turn shall assign such rights to the Trustee, and the Trustee then shall succeed to all rights (but not the obligations, except as set forth in the Trust Pooling and Servicing Agreement) of the Seller under this Agreement (and in performing hereunder, the Trustee shall have all of the rights, protections and immunities afforded to it under the Trust Pooling and Servicing Agreement). All references to the Seller in this Agreement shall be deemed to include its assignee or designee and any subsequent assignee or designee, specifically including the Trustee, except with respect to the Seller’s retained servicing rights pursuant to Section 8.02(iii). The Seller shall have the right, upon notice to but without the consent of the Servicer or the Trustee, to assign, in whole or in part, its retained servicing rights. All references to the Seller in this Agreement, in its capacity as an owner of servicing rights, shall be deemed to include the assignee or designee and any subsequent assignee or designee, of the Seller’s rights arising pursuant to Section 8.02(iii).

Appears in 1 contract

Samples: Servicing Agreement (Thornburg Mortgage Securities Corp)

Assignment by the Seller. The Seller shall have the right, upon notice to but without the consent of the Servicer, to assign, in whole or in part, its interest under this Agreement to the Depositor, which in turn shall assign such rights to the Trustee, and the Trustee then shall succeed to all rights (but not the obligations, except as set forth in the Trust Agreement) of the Seller under this Agreement (and in performing hereunder, the Trustee shall have all of the rights, protections and immunities afforded to it under the Trust Agreement). All references to the Seller in this Agreement shall be deemed to include its assignee or designee and any subsequent assignee or designee, specifically including the Trustee, except with respect to the Seller’s 's retained servicing rights pursuant to Section 8.02(iii). The Seller shall have the right, upon notice to but without the consent of the Servicer or the TrusteeServicer, to assign, in whole or in part, its retained servicing rights. All references to the Seller in this Agreement, in its capacity as an owner of servicing rights, shall be deemed to include the assignee or designee and any subsequent assignee or designee, of the Seller’s 's rights arising pursuant to Section 8.02(iii).

Appears in 1 contract

Samples: Servicing Agreement (Sasco 2006-3h)

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