Other Matters Relating to the Servicer Sample Clauses

Other Matters Relating to the Servicer. 34 Section 8.1 Liability of the Servicer....................................34 Section 8.2 Merger or Consolidation of, or Assumption of the Obligations of, the Servicer.................................34 Section 8.3 Limitation on Liability of the Servicer and Others........
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Other Matters Relating to the Servicer. The Servicer is hereby authorized and empowered to: (a) advise the Trustee in connection with the amount of withdrawals from Accounts in accordance with the provisions of this Indenture; (b) execute and deliver, on behalf of the Issuer, any and all instruments of satisfaction or cancellation, or of partial or full release or discharge, and all other comparable instruments, with respect to the Pledged Loans and, after the delinquency of any Pledged Loan and to the extent permitted under and in compliance with applicable law and regulations, to commence enforcement proceedings with respect to such Pledged Loan including without limitation the exercise of rights under any power-of-attorney granted in any Pledged Loan; and (c) make any filings, reports, notices, applications, registrations with, and to seek any consents or authorizations from the Securities and Exchange Commission and any state securities authority on behalf of the Issuer as may be necessary or advisable to comply with any federal or state securities or reporting requirements laws. Prior to the occurrence of an Event of Default hereunder, the Trustee agrees that it shall promptly follow the instructions of the Servicer duly given to withdraw funds from the Accounts.
Other Matters Relating to the Servicer. Section 8.1
Other Matters Relating to the Servicer. Section 5.1. Liability of the Servicer 31 Section 5.2. Merger or Consolidation of, or Assumption of the Obligations of, the Servicer 31 Section 5.3. Limitations on the Liability of the Servicer and Others 31
Other Matters Relating to the Servicer. Section 6.01 Liability of the Servicer 29 Section 6.02 Limitation on Liability of the Servicer and Others 29 Section 6.03 Servicer Indemnification of the Company and the Administrative Agent 29 Section 6.04 Resignation of the Servicer 30 Section 6.05 Access to Documentation and Information Regarding the Receivables Accounts and Underlying Receivables 30 Section 6.06 Delegation of Duties 31 Section 7.01 Servicer Defaults 31 Section 7.02 Appointment of Successor 34 Section 8.01 Amendment 35 Section 8.02 Termination of Agreement 35 Section 8.03 GOVERNING LAW 35 Section 8.04 Notices 35 Section 8.05 Setoff 36 Section 8.06 Severability of Provisions 36 Section 8.07 Further Assurances 36 Section 8.08 No Waiver; Cumulative Remedies 36 Section 8.09 Counterparts 36 Section 8.10 Third-Party Beneficiaries 36 Section 8.11 Merger and Integration 37 Section 8.12 Headings 37 Section 8.13 Consent to Jurisdiction and Service of Process 37 Section 8.14 No Petition 37 APPENDIX A: Operational Guidelines SCHEDULE 3.14: Capital Stock and Ownership SCHEDULE 3.18: Material Contracts SCHEDULE 3.19: Senior Management SCHEDULE 4.05: Insurance Policies SCHEDULE 4.16: Regulatory Compliance Changes EXHIBIT A: Notice of Reinstatement EXHIBIT B: Form of Servicing Report EXHIBIT C: Form of Daily Settlement and Servicing Report EXHIBIT D: Form of Annual Officer’s Certificate EXHIBIT E: Form of Payment Date Report EXHIBIT F: Data Tape Information EXHIBIT G: Form of Compliance Certificate EXHIBIT H: Form of Insurance Report EXHIBIT I: Form of Financial Officer Certification THIS SERVICING AGREEMENT, dated as of August 20, 2010 among BLUESTEM BRANDS, INC., a Delaware corporation, as Servicer (the “Servicer”), FINGERHUT RECEIVABLES I, LLC (the “Company”) and XXXXXXX SACHS BANK USA (“GS Bank”), as Administrative Agent (in such capacity, “Administrative Agent”) and as Collateral Agent (in such capacity, “Collateral Agent”).
Other Matters Relating to the Servicer. Section 5.01 Liability of the Servicer 27
Other Matters Relating to the Servicer. Section 5.01. Liability of the Servicer....................................................................... 51
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Other Matters Relating to the Servicer. Section 5.01.
Other Matters Relating to the Servicer. The Servicer is hereby authorized and empowered (i) to make withdrawals from time to time from the Collection Account when specifically permitted pursuant to the terms of Section 7.06 and the Collection Account Agreement, but only to the extent that the Collateral Agent has not otherwise instructed the Collection Account Bank in accordance with the terms hereof and of the Collection Account Agreement, (ii) to advise the Collateral Agent in connection with the amount of permitted withdrawals from the Collection Account and the Spread Account in accordance with the provisions hereof, (iii) to the extent permitted pursuant to the other terms and conditions of this Agreement, to execute and deliver, on behalf of the Borrower, any and all instruments of satisfaction or cancellation, or of partial or full release or discharge, and all other comparable instruments, with respect to the Pledged Contracts and, after the delinquency of any Pledged Contract and to the extent permitted under and in compliance with applicable law and regulations, to commence enforcement proceedings with respect to such Pledged Contract including, without limitation, the exercise of rights under any power- of-attorney granted in any Pledged Contract and (iv) to make any filings, reports, notices, applications, registrations with, and to seek any authorization from the Securities and Exchange Commission and any state securities authority on behalf of the Borrower as may be necessary or advisable to comply with any federal or state securities or reporting requirements laws.
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