Common use of Exceptions Clause in Contracts

Exceptions. Notwithstanding anything to the contrary in this Agreement, except as expressly provided herein or in the Basic Documents, the Servicer, in its capacity hereunder, shall not be obligated to, and shall not, (i) make any payments to the Noteholders or the Certificateholder under the Basic Documents, (ii) sell the Trust Property pursuant to Section 5.5 of the Indenture, (iii) take any other action that the Issuer directs the Servicer not to take on its behalf or (iv) in connection with its duties hereunder assume any indemnification obligation of any other Person.

Appears in 54 contracts

Samples: Sale and Servicing (GM Financial Consumer Automobile Receivables Trust 2024-2), Sale and Servicing (GM Financial Consumer Automobile Receivables Trust 2024-2), Sale and Servicing (AmeriCredit Automobile Receivables Trust 2021-1)

AutoNDA by SimpleDocs

Exceptions. Notwithstanding anything to the contrary in this Agreement, except as expressly provided herein or in the other Basic Documents, the Servicer, in its capacity hereunder, shall not be obligated to, and shall not, (i) make any payments to the Noteholders or the Certificateholder under the Basic Documents, (ii) sell the Trust Property pursuant to Section 5.5 of the Indenture, (iii) take any other action that the Issuer directs the Servicer not to take on its behalf or (iv) in connection with its duties hereunder assume any indemnification obligation of any other Person.

Appears in 49 contracts

Samples: Sale and Servicing (AmeriCredit Automobile Receivables Trust 2019-1), Sale and Servicing (GM Financial Consumer Automobile Receivables Trust 2019-1), Sale and Servicing (AFS SenSub Corp.)

Exceptions. Notwithstanding anything to the contrary in this Agreement, except as expressly provided herein or in the other Basic Documents, the Servicer, in its capacity hereunder, shall not be obligated to, and shall not, (i1) make any payments to the Noteholders or the Certificateholder Certificateholders under the Basic Documents, (ii2) sell the Trust Property pursuant to Section 5.5 of the Indenture, (iii3) take any other action that the Issuer directs the Servicer not to take on its behalf or (iv4) in connection with its duties hereunder assume any indemnification obligation of any other Person.

Appears in 44 contracts

Samples: Sale and Servicing (AFS Funding Trust), Sale and Servicing (Americredit Automobile Receivables Trust 2012-1), Sale and Servicing (Americredit Corp)

Exceptions. Notwithstanding anything to the contrary in this Agreement, except as expressly provided herein or in the other Basic Documents, the Servicer, in its capacity hereunder, shall not be obligated to, and shall not, (i1) make any payments to the Noteholders or the Certificateholder under the Basic Documents, (ii2) sell the Trust Property pursuant to Section 5.5 of the Indenture, (iii3) take any other action that the Issuer directs the Servicer not to take on its behalf or (iv4) in connection with its duties hereunder assume any indemnification obligation of any other Person.

Appears in 35 contracts

Samples: Sale and Servicing (AmeriCredit Automobile Receivables Trust 2012-4), Sale and Servicing (AmeriCredit Automobile Receivables Trust 2013-1), Sale and Servicing (Efcar, LLC)

Exceptions. Notwithstanding anything to the contrary in this Agreement, except as expressly provided herein or in the other Basic Documents, the Servicer, in its capacity hereunder, shall not be obligated to, and shall not, (i1) make any payments to the Noteholders or the Certificateholder Certificateholders under the Basic Documents, (ii2) sell the Trust Property Estate pursuant to Section 5.5 of the Indenture, (iii3) take any other action that the Issuer or the Holding Trust directs the Servicer not to take on its behalf or (iv4) in connection with its duties hereunder assume any indemnification obligation of any other Person.

Appears in 33 contracts

Samples: Sale and Servicing Agreement (Exeter Automobile Receivables Trust 2023-4), Sale and Servicing Agreement (Exeter Automobile Receivables Trust 2021-1), Form of Sale and Servicing Agreement (Exeter Automobile Receivables Trust 2021-3)

Exceptions. Notwithstanding anything to the contrary in this Agreement, except as expressly provided herein or in the other Basic Documents, the Servicer, in its capacity hereunder, shall not be obligated to, and shall not, (i1) make any payments to the Noteholders or the Certificateholder Certificateholders under the Basic Documents, (ii2) sell the Owner Trust Property Estate pursuant to Section 5.5 of the Indenture, (iii3) take any other action that the Issuer directs the Servicer not to take on its behalf or (iv4) in connection with its duties hereunder assume any indemnification obligation of any other Person.

Appears in 22 contracts

Samples: Subsequent Transfer Agreement (Franklin Auto Trust 2004-2), Sale and Servicing Agreement (Franklin Auto Trust 2004-1), Sale and Servicing Agreement (Franklin Receivables LLC)

Exceptions. Notwithstanding anything to the contrary in this Agreement, Agreement except as expressly provided herein or in the other Basic Documents, the Servicer, in its capacity as such hereunder, shall not be obligated to, and shall not, (i1) make any payments to the Noteholders or the Certificateholder Securityholders under the Basic Documents, (ii2) sell the Owner Trust Property Estate pursuant to Section 5.5 5.3 of the Indenture, (iii3) take any other action that the Issuer directs the Servicer not to take on its behalf or (iv4) in connection with its duties hereunder assume any indemnification obligation of any other Person.

Appears in 19 contracts

Samples: Sale and Servicing (Consumer Portfolio Services Inc), Sale and Servicing (Consumer Portfolio Services Inc), Sale and Servicing (Consumer Portfolio Services Inc)

Exceptions. Notwithstanding anything to the contrary in this Agreement, except as expressly provided herein or in the other Basic Documents, the Servicer, in its capacity hereunder, shall not be obligated to, and shall not, (i1) make any payments to the Noteholders or the Certificateholder Certificateholders under the Basic Documents, (ii2) sell the Indenture Trust Property pursuant to Section 5.5 of the Indenture, (iii3) take any other action that the Issuer directs the Servicer not to take on its behalf or (iv4) in connection with its duties hereunder assume any indemnification obligation of any other Person.

Appears in 16 contracts

Samples: Sale and Servicing (Americredit Financial Services Inc), Sale and Servicing Agreement (Americredit Financial Services Inc), Sale and Servicing (Americredit Corp)

Exceptions. Notwithstanding anything to the contrary in this Agreement, except as expressly provided herein or in the other Basic Documents, the Servicer, in its capacity hereunder, shall not be obligated to, and shall not, (i1) make any payments to the Noteholders or the Certificateholder under the Basic Documents, (ii2) sell the Trust Pledged Property pursuant to Section 5.5 of the Indenture, (iii3) take any other action that the Issuer directs the Servicer not to take on its behalf or (iv4) in connection with its duties hereunder assume any indemnification obligation of any other Person.

Appears in 15 contracts

Samples: Sale and Servicing Agreement (Long Beach Acceptance Auto Receivables Trust 2005-A), Sale and Servicing Agreement (Long Beach Acceptance Receivables Corp.), Sale and Servicing Agreement (Long Beach Acceptance Receivables Corp. II)

Exceptions. Notwithstanding anything to the contrary in this ---------- Agreement, except as expressly provided herein or in the other Basic Documents, the Servicer, in its capacity hereunder, shall not be obligated to, and shall not, (i1) make any payments to the Noteholders or the Certificateholder Certificateholders under the Basic Documents, (ii2) sell the Indenture Trust Property pursuant to Section 5.5 of the Indenture, (iii3) take any other action that the Issuer directs the Servicer not to take on its behalf or (iv4) in connection with its duties hereunder assume any indemnification obligation of any other Person.

Appears in 11 contracts

Samples: Sale and Servicing Sale and Servicing Agreement (Americredit Financial Services Inc), Sale and Servicing (Americredit Financial Services Inc), Sale and Servicing Agreement (Americredit Financial Services Inc)

Exceptions. Notwithstanding anything to the contrary in this Agreement, except as expressly provided herein or in the other Basic Documents, the Servicer, in its capacity hereunder, shall not be obligated to, and shall not, (i1) make any payments to the Noteholders or the Certificateholder Certificateholders under the Basic Documents, (ii2) sell the Indenture Trust Property Estate pursuant to Section 5.5 5.4 of the Indenture, (iii3) take any other action that the Issuer directs the Servicer not to take on its behalf or (iv4) in connection with its duties hereunder assume any indemnification obligation of any other Person.

Appears in 10 contracts

Samples: Sale and Servicing Agreement (Barnett Auto Receivables Corp), Sale and Servicing Agreement (Barnett Auto Receivables Corp), Sale and Servicing Agreement (Oxford Resources Corp)

Exceptions. Notwithstanding anything to the contrary in this Agreement, except as expressly provided herein or in the other Basic Documents, the Servicer, in its capacity hereunder, shall not be obligated to, and shall not, (i1) make any payments to the Noteholders or the Certificateholder Residual Certificateholders under the Basic Documents, (ii2) sell the Trust Property pursuant to Section 5.5 5.4 of the Indenture, (iii3) take any other action that the Issuer directs the Servicer not to take on its behalf or (iv4) in connection with its duties hereunder assume any indemnification obligation of any other Person.

Appears in 7 contracts

Samples: Sale and Servicing Agreement (Greenpoint Mortgage Securities LLC), Sale and Servicing Agreement (Greenpoint Mortgage Securities LLC), Sale and Servicing Agreement (GreenPoint Home Equity Loan Trust 2004-3)

Exceptions. Notwithstanding anything to the contrary in this Agreement, except as expressly provided herein or in the other Basic Documents, the Servicer, in its capacity hereunder, shall not be obligated to, and shall not, (i1) make any payments to the Noteholders or the Certificateholder Certificateholders under the Basic Documents, (ii2) sell the Trust Property Estate pursuant to Section 5.5 of the Indenture, (iii3) take any other action that the Issuer directs the Servicer not to take on its behalf or (iv4) in connection with its duties hereunder assume any indemnification obligation of any other Person.

Appears in 7 contracts

Samples: Sale and Servicing (Americredit Automobile Receivables Trust 2003-D-M), Sale and Servicing Agreement (Americredit Automobile Receivables Trust 2004-B-M), Sale and Servicing (Americredit Automobile Receivables Trust 2003-C-F)

Exceptions. Notwithstanding anything to the contrary in this Agreement, Agreement except as expressly provided herein or in the other Basic Documents, the Servicer, in its capacity hereunder, shall not be obligated to, and shall not, (i1) make any payments to the Noteholders or the Certificateholder Certificateholders under the Basic Documents, (ii2) sell the Indenture Trust Property pursuant to Section 5.5 of the Indenture, (iii3) take any other action that the Issuer directs the Servicer not to take on its behalf or (iv4) in connection with its duties hereunder assume any indemnification obligation of any other Person.

Appears in 6 contracts

Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc), Sale and Servicing Agreement (Consumer Portfolio Services Inc), Sale and Servicing Agreement (Consumer Portfolio Services Inc)

Exceptions. Notwithstanding anything to the contrary in this Agreement, except as expressly provided herein or in the other Basic Documents, the Servicer, in its capacity hereunder, shall not be obligated to, and shall not, (i1) make any payments to the Noteholders or the Certificateholder Certificateholders under the Basic Documents, (ii2) sell any portion of the Series Trust Property Estate pursuant to Section 5.5 of the IndentureBasic Documents, (iii3) take any other action that the Issuer directs the Servicer not to take on its behalf or (iv4) in connection with its duties hereunder assume any indemnification obligation of any other Person.

Appears in 5 contracts

Samples: Sale and Servicing Agreement (HSBC Automotive Trust (USA) 2006-3), Sale and Servicing Agreement (HSBC Automotive Trust (USA) 2006-1), Sale and Servicing Agreement (HSBC Auto Receivables Corp)

Exceptions. Notwithstanding anything to the contrary in this Agreement, except as expressly provided herein or in the other Basic Documents, the Servicer, in its capacity hereunder, shall not be obligated to, and shall not, (i1) make any payments to the Noteholders or the Class C Certificateholder under the Basic Documents, (ii2) sell the Trust Pledged Property pursuant to Section 5.5 of the Indenture, (iii3) take any other action that the Issuer directs the Servicer not to take on its behalf or (iv4) in connection with its duties hereunder assume any indemnification obligation of any other Person.

Appears in 5 contracts

Samples: Sale and Servicing Agreement (Long Beach Acceptance Receivables Corp. II), Sale and Servicing Agreement (Long Beach Acceptance Corp. Auto Receivables Trust 2006-A), Sale and Servicing Agreement (Long Beach Acceptance Corp)

Exceptions. Notwithstanding anything to the contrary in this Agreement, except as expressly provided herein or in the Basic Documents, the Servicer, in its capacity hereunder, shall not be obligated to, and shall not, (i) make any payments to the Noteholders or the Certificateholder Certificateholder[s] under the Basic Documents, (ii) sell the Trust Property pursuant to Section 5.5 of the Indenture, (iii) take any other action that the Issuer directs the Servicer not to take on its behalf or (iv) in connection with its duties hereunder assume any indemnification obligation of any other Person.

Appears in 5 contracts

Samples: Sale and Servicing (Afs Sensub Corp.), Sale and Servicing (Afs Sensub Corp.), Sale and Servicing (Afs Sensub Corp.)

Exceptions. Notwithstanding anything to the contrary in this Agreement, except as expressly provided herein or in the Basic Transaction Documents, the Servicer, in its capacity hereunder, shall not be obligated to, and shall not, (i1) make any payments to the Noteholders or the Certificateholder Transferor under the Basic Transaction Documents, (ii2) sell the Trust Property pursuant to Section 5.5 any of the Indentureassets of the Trust, (iii3) take any other action that the Issuer directs the Servicer not to take on its behalf or (iv4) in connection with its duties hereunder assume any indemnification obligation of any other Person.

Appears in 5 contracts

Samples: Sale and Servicing Agreement (HSBC Home Equity Loan Corp I), Sale and Servicing Agreement (HSBC Home Equity Loan Trust (USA) 2006-2), Sale and Servicing Agreement (HSBC Home Equity Loan Corp I)

Exceptions. Notwithstanding anything to the contrary in this Agreement, except as expressly provided herein or in the other Basic Documents, the Servicer, in its capacity hereunder, shall not be obligated to, and shall not, (i1) make any payments to the Noteholders or the Certificateholder Residual Certificateholders under the Basic Documents, (ii2) sell the Trust Property pursuant to Section 5.5 5.4 of the Indenture, (iii3) take any other action that the Issuer directs the Servicer not to take on its behalf or (iv4) in connection with its duties hereunder assume any indemnification obligation of any other Person.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Greenpoint Mortgage Securities Inc/), Sale and Servicing Agreement (Greenpoint Mortgage Securities Inc/), Sale and Servicing Agreement (Greenpoint Mortgage Securities Inc/)

Exceptions. Notwithstanding anything to the contrary in this ---------- Agreement, except as expressly provided herein or in the other Basic Documents, the Servicer, in its capacity hereunder, shall not be obligated to, and shall not, (i) make any payments to the Noteholders or the Certificateholder Certificateholders under the Basic Documents, (ii) sell the Trust Property pursuant to Section 5.5 of the Indenture, (iii) take any other action that the Issuer directs the Servicer not to take on its behalf or (iv) in connection with its duties hereunder assume any indemnification obligation of any other Person.

Appears in 3 contracts

Samples: Sale and Servicing (TFC Enterprises Inc), Sale and Servicing (TFC Enterprises Inc), Sale and Servicing Agreement (TFC Enterprises Inc)

Exceptions. Notwithstanding anything to the contrary in this Agreement, Agreement except as expressly provided herein or in the other Basic Documents, the Servicer, in its capacity as such hereunder, shall not be obligated to, and shall not, (i1) make any payments to the Noteholders Noteholder or the Certificateholder Certificateholders under the Basic Documents, (ii2) sell the Trust Property Estate pursuant to Section 5.5 SECTION 5.4 of the Indenture, (iii3) take any other action that the Issuer directs the Servicer not to take on its behalf or (iv4) in connection with its duties hereunder assume any indemnification obligation of any other PersonPersons.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc), Sale and Servicing (Consumer Portfolio Services Inc), Sale and Servicing Agreement (Consumer Portfolio Services Inc)

Exceptions. Notwithstanding anything to the contrary in this Agreement, except as expressly provided herein or in the other Basic Documents, the Servicer, in its capacity hereunder, shall not be obligated to, and shall not, (i1) make any payments to the Noteholders or the Certificateholder Certificateholders under the Basic Documents, (ii2) sell the Indenture Trust Property pursuant to Section 5.5 of the Indenture, (iii) take any other action that the Issuer directs the Servicer not to take on its behalf or (iv) in connection with its duties hereunder assume any indemnification obligation of any other Person.to

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Americredit Financial Services Inc), Sale and Servicing Agreement (Americredit Financial Services Inc)

Exceptions. Notwithstanding anything to the contrary in this Agreement, except as expressly provided herein or in the Basic Transaction Documents, the Servicer, in its capacity hereunder, shall not be obligated to, and shall not, (i1) make making any payments to the Noteholders or the Certificateholder Transferor under the Basic Transaction Documents, (ii2) sell the Trust Property pursuant to Section 5.5 any of the Indentureassets of the Trust, (iii3) take any other action that the Issuer directs the Servicer not to take on its behalf or (iv4) in connection with its duties hereunder assume any indemnification obligation of any other Person.

Appears in 2 contracts

Samples: Transfer and Servicing Agreement (Household Affinity Funding Corp Iii), Transfer and Servicing Agreement (Household Affinity Funding Corp Iii)

Exceptions. Notwithstanding anything to the contrary in this Agreement, except as expressly provided herein or in the Basic other Transaction Documents, the Servicer, in its capacity hereunder, shall not be obligated to, and shall not, (i1) make any payments to the Noteholders or the Certificateholder under the Basic Transaction Documents, (ii2) sell the Indenture Trust Property pursuant to Section 5.5 5.4 of the Indenture, (iii3) take any other action that the Issuer directs the Servicer not to take on its behalf or (iv4) in connection with its duties hereunder assume any indemnification obligation of any other Person.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (National Financial Auto Funding Trust), Sale and Servicing (National Auto Finance Co Inc)

Exceptions. Notwithstanding anything to the contrary in this Agreement, except as expressly provided herein or in the other Basic Documents, the Servicer, in its capacity hereunder, shall not be obligated to, and shall not, (i1) make any payments to the Noteholders Securityholders or the Certificateholder Residual Certificateholders under the Basic Documents, (ii2) sell the Trust Property pursuant to Section 5.5 5.4 of the IndenturePooling Agreement, (iii3) take any other action that the Issuer directs the Servicer not to take on its behalf or (iv4) in connection with its duties hereunder assume any indemnification obligation of any other Person.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Greenpoint Mortgage Securities Inc/), Sale and Servicing Agreement (Greenpoint Mortgage Securities Inc/)

Exceptions. Notwithstanding anything to the contrary in this ---------- Agreement, except as expressly provided herein or in the other Basic Documents, the Servicer, in its capacity hereunder, shall not be obligated to, and shall not, (i1) make any payments to the Noteholders or the Certificateholder under the Basic Documents, (ii2) sell the Trust Property pursuant to Section 5.5 5.4 of the Indenture, (iii3) take any other action that the Issuer Trust directs the Servicer not to take on its behalf or (iv4) in connection with its duties hereunder assume any indemnification obligation of any other Person.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Chevy Chase Bank FSB), Sale and Servicing Agreement (Chevy Chase Bank FSB)

Exceptions. Notwithstanding anything to the contrary in this Agreement, except as expressly provided herein or in the other Basic Documents, the Servicer, in its capacity hereunder, shall not be obligated to, and shall not, (i1) make any payments to the Noteholders or the Certificateholder Certificateholders under the Basic Documents, (ii2) sell the Trust Property Estate pursuant to Section 5.5 5.4 of the Indenture, (iii3) take any other action that the Issuer directs the Servicer not to take on its behalf or (iv4) in connection with its duties hereunder assume any indemnification obligation of any other Person.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Americredit Corp), Sale and Servicing (Americredit Corp)

Exceptions. Notwithstanding anything to the contrary in this Agreement, except as expressly provided herein or in the other Basic Documents, the Servicer, in its capacity hereunder, shall not be obligated to, and shall not, (i1) make any payments to the Noteholders or the Certificateholder Certificateholders under the Basic Documents, (ii2) sell the Indenture Trust Property Estate pursuant to Section 5.5 5.4 of the Indenture, (iii3) take any other action that the Issuer Issuing Entity directs the Servicer not to take on its behalf or (iv4) in connection with its duties hereunder assume any indemnification obligation of any other Person.

Appears in 2 contracts

Samples: Sale and Servicing (Ace Securities Corp), Sale and Servicing (Ace Securities Corp)

Exceptions. Notwithstanding anything to the contrary in this Agreement, except as expressly provided herein or in the other Basic Documents, the Servicer, in its capacity hereunder, shall not be obligated to, and shall not, (i1) make any payments to the Noteholders or the Certificateholder Certificateholders under the Basic Documents, (ii) sell the Trust Property pursuant to Section 5.5 of the Indenture, (iii2) take any other action that the Issuer directs the Servicer not to take on its behalf or (iv3) in connection with its duties hereunder assume any indemnification obligation of any other Person.

Appears in 2 contracts

Samples: Sale and Servicing (Americredit Corp), Sale and Servicing Agreement (Americredit Corp)

AutoNDA by SimpleDocs

Exceptions. Notwithstanding anything to the contrary in this Agreement, except as expressly provided herein or in the Basic other Transaction Documents, the Servicer, in its capacity hereunder, shall not be obligated to, and shall not, (i1) make any payments to the Noteholders or the Certificateholder under the Basic Transaction Documents, (ii2) sell the Indenture Trust Property pursuant to Section 5.5 of the Indenture, (iii3) take any other action that the Issuer directs the Servicer not to take on its behalf or (iv4) in connection with its duties hereunder assume any indemnification obligation of any other Person.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (National Financial Auto Funding Trust), Sale and Servicing Agreement (National Auto Finance Co Inc)

Exceptions. Notwithstanding anything to the contrary in this Agreement, except as expressly provided herein or in the other Basic Documents, the Servicer, in its capacity hereunder, shall not be obligated to, and shall not, (i1) make any payments to the Noteholders or the Certificateholder Certificateholders under the Basic Documents, (ii2) sell the Trust Estate Property pursuant to Section 5.5 5.4 of the Indenture, (iii3) take any other action that the Issuer directs the Servicer not to take on its behalf or (iv4) in connection with its duties hereunder assume any indemnification obligation of any other Person.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (MFN Financial Corp), Sale and Servicing Agreement (Consumer Portfolio Services Inc)

Exceptions. Notwithstanding anything to the contrary in this Agreement, except as expressly provided herein or in the other Basic Documents, the Servicer, in its capacity hereunder, shall not be obligated to, and shall not, (i1) make any payments to the Noteholders or the Certificateholder Certificateholders under the Basic Documents, (ii2) sell the Trust Property pursuant to Section 5.5 5.4 of the Indenture, (iii3) take any other action that the Issuer directs the Servicer not to take on its behalf or (iv4) in connection with its duties hereunder assume any indemnification obligation of any other Person.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Headlands Mortgage Securities Inc), Sale and Servicing Agreement (Greenpoint Home Equity Loan Trust 1999 2)

Exceptions. Notwithstanding anything to the contrary in this ---------- Agreement, except as expressly provided herein or in the other Basic Documents, the Servicer, in its capacity hereunder, shall not be obligated to, and shall not, (i1) make any payments to the Noteholders or the Certificateholder Certificateholders under the Basic Documents, (ii2) sell the Owner Trust Property Estate pursuant to Section 5.5 of the Indenture, (iii3) take any other action that the Issuer directs the Servicer not to take on its behalf or (iv4) in connection with its duties hereunder assume any indemnification obligation of any other Person.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Prudential Securities Secured Financing Corp), Sale and Servicing Agreement (Prudential Securities Secured Financing Corp)

Exceptions. Notwithstanding anything to the contrary in this Agreement, except as expressly provided herein or in the other Basic Documents, the Servicer, in its capacity hereunder, shall not be obligated to, and shall not, (i1) make any payments to the Noteholders Bondholders or the Certificateholder Residual Certificateholders under the Basic Documents, (ii2) sell the Trust Property pursuant to Section 5.5 5.4 of the Indenture, (iii3) take any other action that the Issuer directs the Servicer not to take on its behalf or (iv4) in connection with its duties hereunder assume any indemnification obligation of any other Person.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Sequoia Mortgage Funding Corp), Sale and Servicing Agreement (Sequoia Residential Funding Inc)

Exceptions. Notwithstanding anything to the contrary in this Agreement, except as expressly provided herein or in the Basic Transaction Documents, the Servicer, in its capacity hereunder, shall not be obligated to, and shall not, to (i1) make any payments to the Noteholders or the Certificateholder Transferor under the Basic Transaction Documents, (ii2) sell the Trust Property pursuant to Section 5.5 any of the Indentureassets of the Trust, (iii3) take any other action that the Issuer directs the Servicer not to take on its behalf or (iv4) in connection with its duties hereunder assume any indemnification obligation of any other PersonPerson in connection with its duties hereunder.

Appears in 2 contracts

Samples: Transfer and Servicing Agreement (HSBC Credit Card Master Note Trust (Usa) I), Transfer and Servicing Agreement (HSBC Private Label Credit Card Master Note Trust (Usa) I)

Exceptions. Notwithstanding anything to the contrary in this Agreement, except as expressly provided herein or in the other Basic Documents, the Servicer, in its capacity hereunder, shall not be obligated to, and shall not, (i1) make any payments to the Noteholders Noteholders, the Class S Certificateholders or the Certificateholder Residual Certificateholders under the Basic Documents, (ii2) sell the Trust Property pursuant to Section 5.5 5.4 of the Indenture, (iii3) take any other action that the Issuer directs the Servicer not to take on its behalf or (iv4) in connection with its duties hereunder assume any indemnification obligation of any other Person.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Greenpoint Mortgage Securities Inc/)

Exceptions. Notwithstanding anything to the contrary in ---------- this Agreement, except as expressly provided herein or in the other Basic Documents, the Servicer, in its capacity hereunder, shall not be obligated to, and shall not, (i1) make any payments to the Noteholders or the Certificateholder under the Basic Documents, (ii2) sell the Trust Property pursuant to Section 5.5 5.4 of the Indenture, (iii3) take any other action that the Issuer Trust directs the Servicer not to take on its behalf or (iv4) in connection with its duties hereunder assume any indemnification obligation of any other Person.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Chevy Chase Bank FSB)

Exceptions. Notwithstanding anything to the contrary in this Agreement, Agreement except as expressly provided herein or in the other Basic Documents, the Servicer, in its capacity as such hereunder, shall not be obligated to, and shall not, (i1) make any payments to the Noteholders or the Certificateholder Certificateholders under the Basic Documents, (ii2) sell the Trust Property Estate pursuant to Section 5.5 of the Indenture, (iii3) take any other action that the Issuer directs the Servicer not to take on its behalf or (iv4) in connection with its duties hereunder assume any indemnification obligation of any other Person.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc)

Exceptions. Notwithstanding anything to the contrary in this Agreement, except as expressly provided herein or in the other Basic Documents, the Servicer, in its capacity hereunder, shall not be obligated to, and shall not, (i1) make any payments to the Noteholders or the Certificateholder Class C Certificateholders under the Basic Documents, (ii2) sell the Trust Pledged Property pursuant to Section 5.5 of the Indenture, (iii3) take any other action that the Issuer directs the Servicer not to take on its behalf or (iv4) in connection with its duties hereunder assume any indemnification obligation of any other Person.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Long Beach Acceptance Auto Receivables Trust 2005-B)

Exceptions. Notwithstanding anything to the contrary in this Agreement, except as expressly provided herein or in the Basic other Transaction Documents, the Servicer, in its capacity hereunder, shall not be obligated to, and shall not, (i1) make any payments to the Noteholders or the Certificateholder under the Basic Transaction Documents, (ii2) sell the Indenture Trust Property pursuant to Section 5.5 5.4 of the Indenture, (iii3) take any other action that the Issuer directs the Servicer not to take on its behalf behalf, or (iv4) in connection with its duties hereunder assume any indemnification obligation of any other Person.

Appears in 1 contract

Samples: Sale and Servicing Agreement (National Auto Finance Co Inc)

Exceptions. Notwithstanding anything to the contrary in this ---------- Agreement, except as expressly provided herein or in the other Basic Documents, the Servicer, in its capacity hereunder, shall not be obligated to, and shall not, (i1) make any payments to the Noteholders or the Certificateholder Certificateholders under the Basic Documents, (ii2) sell the Trust Property pursuant to Section 5.5 5.4 of the Indenture, (iii3) take any other action that the Issuer Trust directs the Servicer not to take on its behalf or (iv4) in connection with its duties hereunder assume any indemnification obligation of any other Person.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Chevy Chase Bank FSB)

Exceptions. Notwithstanding anything to the contrary in this ---------- Agreement, except as expressly provided herein or in the other Basic Documents, the Servicer, in its capacity hereunder, shall not be obligated to, and shall not, (i1) make any payments to the Noteholders or the Certificateholder Certificateholders under the Basic Documents, (ii2) sell the Trust Property pursuant to Section 5.5 12.1 of the Indenture, (iii3) take any other action that the Issuer directs the Servicer not to take on its behalf or (iv4) in connection with its duties hereunder assume any indemnification obligation of any other Person.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Headlands Mortgage Securities Inc)

Exceptions. Notwithstanding anything to the contrary in this Agreement, Agreement except as expressly provided herein or in the other Basic Documents, the Servicer, in its capacity as such hereunder, shall not be obligated to, and shall not, (i1) make any payments to the Noteholders or the Certificateholder Certificateholders under the Basic Documents, (ii2) sell the Trust Property Estate pursuant to Section 5.5 5.4 of the Indenture, (iii3) take any other action that the Issuer directs the Servicer not to take on its behalf or (iv4) in connection with its duties hereunder assume any indemnification obligation of any other Person.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc)

Exceptions. Notwithstanding anything to the contrary in this Agreement, except as expressly provided herein or in the other Basic Documents, the Servicer, in its capacity hereunder, shall not be obligated to, and shall not, (i1) make any payments to the Noteholders or the Certificateholder Certificateholders under the Basic Documents, (ii2) sell the Trust Property pursuant to Section 5.5 71 of the Indenture, (iii3) take any other action that the Issuer directs the Servicer not to take on its behalf or (iv4) in connection with its duties hereunder assume any indemnification obligation of any other Person.

Appears in 1 contract

Samples: Sale and Servicing Agreement (AmeriCredit Automobile Receivables Trust 2008-a-F)

Exceptions. Notwithstanding anything to the contrary in this Agreement, except as expressly provided herein or in the other Basic Documents, the Servicer, in its capacity hereunder, shall not be obligated to, and shall not, (i) make any payments to the Noteholders or the Certificateholder Certificateholders under the Basic Documents, (ii) sell the Trust Property pursuant to Section 5.5 of the Indenture, (iii) take any other action that the Issuer directs the Servicer not to take on its behalf or (iv) in connection with its duties hereunder assume any indemnification obligation of any other Person.

Appears in 1 contract

Samples: Sale and Servicing (TFC Enterprises Inc)

Exceptions. Notwithstanding anything to the contrary in this Agreement, except as expressly provided herein or in the Basic other Operative Documents, the Servicer, in its capacity hereunder, shall not be obligated to, and shall not, (i1) make any payments to the Noteholders or the Certificateholder under the Basic Operative Documents, (ii2) sell the Trust Property pursuant to Section 5.5 5.6 of the Indenture, (iii3) take any other action that the Issuer Trust directs the Servicer not to take on its behalf (unless the Insurer so directs) or (iv4) in connection with its duties hereunder assume any indemnification obligation of any other Person.

Appears in 1 contract

Samples: Sale and Servicing Agreement (J P Morgan Acceptance Corp I)

Exceptions. Notwithstanding anything to the contrary in this ---------- Agreement, except as expressly provided herein or in the other Basic Documents, the Servicer, in its capacity hereunder, shall not be obligated to, and shall not, (i1) make any payments to the Noteholders or the Certificateholder Certificateholders under the Basic Documents, (ii2) sell the Indenture Trust Property Estate pursuant to Section 5.5 5.4 of the Indenture, (iii3) take any other action that the Issuer directs the Servicer not to take on its behalf or (iv4) in connection with its duties hereunder assume any indemnification obligation of any other Person.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)

Time is Money Join Law Insider Premium to draft better contracts faster.