Common use of Duties of Backup Servicer Clause in Contracts

Duties of Backup Servicer. (a) The Backup Servicer hereby agrees, on the date (the "Assumption Date") specified in the written notice to the Backup Servicer from the Insurer or the Indenture Trustee, as the case may be, of the termination of the rights and obligations of the Servicer pursuant to Section 9.2 hereof or the resignation of the Servicer pursuant to Section 8.4 hereof, and without any further notice, to assume the obligations of the Servicer hereunder, to be the successor in all respects to the Servicer and to be subject to all the responsibilities, duties and liabilities arising thereafter relating thereto placed on the Servicer. From and after the Assumption Date and except as expressly set forth herein, the Backup Servicer shall be entitled to all of the rights granted to the Servicer by the terms and provisions of this Agreement.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Asset Backed Securities Corp), Sale and Servicing Agreement (Asset Backed Securities Corp)

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Duties of Backup Servicer. (a) The Backup Servicer hereby agrees, on the date (the "Assumption DateASSUMPTION DATE") specified in the written notice to the Backup Servicer from the Insurer or the Indenture Trustee, as the case may be, of the termination of the rights and obligations of the Servicer pursuant to Section SECTION 9.2 hereof or the resignation of the Servicer pursuant to Section SECTION 8.4 hereof, and without any further notice, to assume the obligations of the Servicer hereunder, to be the successor in all respects to the Servicer and to be subject to all the responsibilities, duties and liabilities arising thereafter relating thereto placed on the Servicer. From and after the Assumption Date and except as expressly set forth herein, the Backup Servicer shall be entitled to all of the rights granted to the Servicer by the terms and provisions of this Agreement.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Triad Financial Corp)

Duties of Backup Servicer. (a) The Backup Servicer hereby agrees, on the date (the "Assumption DateASSUMPTION DATE") specified in the written notice to the Backup Servicer from the Insurer or the Indenture Trustee, as the case may be, Trustee of the termination of the rights and obligations of the Servicer pursuant to Section 9.2 SECTION 8.2 hereof or the resignation of the Servicer pursuant to Section 8.4 SECTION 7.5 hereof, and without any further notice, to assume the obligations of the Servicer hereunder, to be the successor in all respects to the Servicer and to be subject to all the responsibilities, duties and liabilities arising thereafter relating thereto placed on the Servicer. From and after the Assumption Date and except as expressly set forth hereinDate, the Backup Servicer shall be entitled to all of the rights granted to the Servicer by the terms and provisions of this Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Triad Financial Corp)

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Duties of Backup Servicer. (a) The Backup Servicer hereby agrees, on the date (the "Assumption Date") specified in the written notice to the Backup Servicer from the Insurer or the Indenture Trustee, as the case may be, Trustee of the termination of the rights and obligations of the Servicer pursuant to Section 9.2 8.2 hereof or the resignation of the Servicer pursuant to Section 8.4 7.5 hereof, and without any further notice, to assume the obligations of the Servicer hereunder, to be the successor in all respects to the Servicer and to be subject to all the responsibilities, duties and liabilities arising thereafter relating thereto placed on the Servicer. From and after the Assumption Date and except as expressly set forth hereinDate, the Backup Servicer shall be entitled to all of the rights granted to the Servicer by the terms and provisions of this Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Triad Financial Corp)

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