Liabilities of Servicer and Others Sample Clauses

Liabilities of Servicer and Others. 21 SECTION 6.01 Liability of Servicer; Indemnities 21 SECTION 6.02 Merger or Consolidation of, or Assumption of the Obligations of the Servicer 22 SECTION 6.03 Limitation on Liability of Servicer and Others 23 SECTION 6.04 Delegation of Duties 24 SECTION 6.05 Servicer Not to Resign 24 ARTICLE VII DEFAULT 24 SECTION 7.01 Servicer Defaults 24 SECTION 7.02 Consequences of a Servicer Default 25 SECTION 7.03 Indenture Trustee to Act; Appointment of Successor 26 SECTION 7.04 Notification to Noteholders and Certificateholders 26 SECTION 7.05 Waiver of Past Defaults 26 ARTICLE VIII TERMINATION 26
Sample 1Sample 2See All (12)
AutoNDA by SimpleDocs
Liabilities of Servicer and Others. 29 SECTION 7.01.
Sample 1Sample 2
Liabilities of Servicer and Others. 18 SECTION 7.1 Liability of the Servicer; Indemnities.................. 18 SECTION 7.2 Merger or Consolidation of, or Assumption of the Obligations of, the Servicer, the Seller or the Custodian .............................................. 19 SECTION 7.3 Limitation on Liability of the Servicer and Others ..... 19 SECTION 7.4
Sample 1
Liabilities of Servicer and Others. SECTION 7.01. Liability of Servicer; Indemnities 23
Sample 1
Liabilities of Servicer and Others. 28 Section 6.01 Liability of Servicer; Indemnities 28 Section 6.02 Merger or Consolidation of, or Assumption of the Obligations of the Servicer 29 Section 6.03 Limitation on Liability of Servicer and Others 29 Section 6.04 Delegation of Duties 30 Section 6.05 Servicer Not to Resign 30 ARTICLE VII DEFAULT 31 Section 7.01 Servicer Defaults 31 Section 7.02 Consequences of a Servicer Default 32 Section 7.03 Indenture Trustee to Act; Appointment of Successor 32 Section 7.04 Notification to Noteholders and Certificateholders 33 Section 7.05 Waiver of Past Defaults 33 ARTICLE VIII TERMINATION 33 Section 8.01 Optional Purchase of All Receivables; Insolvency of the Depositor; Termination of Trust 33 ARTICLE IX MISCELLANEOUS PROVISIONS 36 Section 9.01 Amendment 36 Section 9.02 Protection of Title to Trust 37 Section 9.03 Notices 39 Section 9.04 GOVERNING LAW 40 Section 9.05 Severability of Provisions 40 Section 9.06 Assignment 40 Section 9.07 Third-Party Beneficiaries 40 Section 9.08 Separate Counterparts 40 Section 9.09 Headings and Cross-References 40 Section 9.10 Assignment to Indenture Trustee 40 Section 9.11 No Petition Covenants 41 Section 9.12 Limitation of Liability of Indenture Trustee and Owner Trustee 41 Section 9.13 Tax Treatment 41 Section 9.14 Furnishing Documents 42 Section 9.15 Information to Be Provided by the Indenture Trustee 42 EXHIBIT A Schedule of Receivables EXHIBIT B Form of Second Step [Initial] Receivables Assignment [EXHIBIT C Form of Second Step Additional Receivables Assignment] [EXHIBIT D Form of Officer’s Certificate] EXHIBIT [E] Additional Representations and Warranties APPENDIX A Definitions and Rules of Construction APPENDIX B Notices Addresses and Procedures THIS TRUST SALE AND SERVICING AGREEMENT is made as of [ ], 20[ ] by and among ALLY FINANCIAL INC., a Delaware corporation (generally, “Ally Financial”, and in its capacity as seller of the Receivables specified in the Pooling and Servicing Agreement described below, the “Seller”, in its capacity as Custodian under the Custodian Agreement, the “Custodian” and in its capacity as Servicer under the Pooling and Servicing Agreement described below, the “Servicer”), CAPITAL AUTO RECEIVABLES LLC, a Delaware limited liability company (the “Depositor”), and CAPITAL AUTO RECEIVABLES ASSET TRUST [ ], a Delaware statutory trust (the “Issuing Entity”).
Sample 1
Liabilities of Servicer and Others. . . . . 17 SECTION 6.1
Sample 1
Liabilities of Servicer and Others 
Sample 1Sample 2Sample 3See All (98)
AutoNDA by SimpleDocs

Related to Liabilities of Servicer and Others

  • Limitation on Liability of Servicer and Others Neither the Servicer nor any of the directors, officers, employees or agents of the Servicer shall be under any liability to the Issuer or any Securityholder, except as provided under this Agreement, for any action taken or for refraining from the taking of any action pursuant to this Agreement or for errors in judgment; provided, however, that this provision shall not protect the Servicer or any such person against any liability that would otherwise be imposed by reason of willful misfeasance, bad faith or negligence in the performance of duties or by reason of reckless disregard of obligations and duties under this Agreement. The Servicer and any director, officer, employee or agent of the Servicer may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person respecting any matters arising under this Agreement. Except as otherwise provided in this Agreement, the Servicer shall not be under any obligation to appear in, prosecute or defend any legal action that shall not be incidental to its duties to service the Receivables in accordance with this Agreement and that in its opinion may involve it in any expense or liability; provided, however, that the Servicer may undertake any reasonable action that it may deem necessary or desirable in respect of this Agreement and the other Basic Documents and the rights and duties of the parties to this Agreement and the other Basic Documents and the interests of the Certificateholders under this Agreement and the Noteholders under the Indenture. The legal expenses and costs of such action and any liability resulting therefrom will be expenses, costs and liabilities of the Issuer.

  • Limitation on Liability of the Servicer and Others Neither the Servicer nor any of the directors, officers, employees or agents of the Servicer shall be under any liability to the Trust Fund or the Certificateholders for any action taken or for refraining from the taking of any action in good faith pursuant to this Agreement, or for errors in judgment; provided, however, that this provision shall not protect any director, officer, employee or agent of the Servicer against any liability which would otherwise be imposed by reason of willful misfeasance, bad faith or gross negligence in the performance of duties or by reason of reckless disregard of obligations and duties hereunder, nor shall this provision protect the Servicer against any liability that would otherwise be imposed by reason of negligence in the performance of duties hereunder. The Servicer and any director, officer, employee or agent of the Servicer may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person respecting any matters arising hereunder. The Servicer and any director, officer, employee or agent of the Servicer shall be indemnified by the Trust Fund and held harmless against any loss, liability or expense incurred in connection with any legal action relating to this Agreement or the Certificates, other than any loss, liability or expense, in the case of the Servicer and any director, officer, employee or agent of the Servicer, incurred by reason of willful misfeasance, bad faith or gross negligence in the performance of duties hereunder or by reason of reckless disregard of obligations and duties hereunder or, in the case of the Servicer, as Servicer, incurred by reason of negligence in the performance of any duties hereunder. The Servicer shall not be under any obligation to appear in, prosecute or defend any legal action which is not incidental to its duties to service the Loans in accordance with this Agreement and which in its opinion may involve it in any expense or liability; provided, however, that the Servicer may in its discretion undertake any such action which it may deem necessary or desirable in respect of this Agreement and the rights and duties of the parties hereto and the interests of the Certificateholders hereunder. In such event, the legal expenses and costs of such action and any liability resulting therefrom shall be expenses, costs and liabilities of the Trust Fund, and the Servicer shall be entitled to be reimbursed therefor out of the Custodial Account for P&I as provided by Section 3.3.

  • Utilities and Other Services 4.4.1 The Tenant shall arrange, at its own cost and expense, for the installation, connection and supply of all utilities and any other services required by it at or in relation to the Premises.

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