Covenants of Capital One. Capital One hereby covenants and agrees with Funding as follows:
Covenants of Capital One. Capital One hereby covenants and agrees with Ditech that, notwithstanding anything else to the contrary, that its obligation under the Second Amendment (A) to exercise the Clean-up Call under the Pooling and Servicing Agreements, in both its capacity as an assignee of the servicer and as the Class R certificateholder, may not be sold, conveyed, assigned or transferred to any party without the prior written consent of Ditech (provided that the foregoing shall not be construed to limit Capital One’s ability to designate another party to purchase or otherwise take title to any assets upon the consummation of the Clean-up Call).
