Common use of Performance and Enforcement of Certain Obligations Clause in Contracts

Performance and Enforcement of Certain Obligations. The Indenture Trustee, as pledgee of the Mortgage Loans, may, and at the direction of the Credit Enhancer (or the Holders of 662/3% of the Outstanding Amount if a Credit Enhancer Default exists) shall exercise all rights of the Issuer against the Sponsor or the Master Servicer in connection with the Sale and Servicing Agreement, including the right to take any action to obtain performance by the Seller or the Master Servicer, as the case may be, of each of their obligations to the Issuer under the Sale and Servicing Agreement and to give any consent, request, notice, direction, approval, extension, or waiver under the Sale and Servicing Agreement, and any right of the Issuer to take such action shall not be suspended. Any direction by the Credit Enhancer under this Section may be by telephone, promptly confirmed in writing.

Appears in 14 contracts

Samples: Indenture (Cwabs Inc), Indenture (Cwabs Inc), Custodial Agreement (Cwabs Inc Revolving Home Equity Loan Notes Series 2004-C)

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Performance and Enforcement of Certain Obligations. The Indenture Trustee, as pledgee of the Mortgage Loans, may, and at the direction of the Credit Enhancer (or the Holders of 662/3% of the Outstanding Amount of both Classes if a Credit Enhancer Default exists) shall exercise all rights of the Issuer against the Sponsor or the Master Servicer in connection with the Sale and Servicing Agreement, including the right to take any action to obtain performance by the Seller or the Master Servicer, as the case may be, of each of their obligations to the Issuer under the Sale and Servicing Agreement and to give any consent, request, notice, direction, approval, extension, or waiver under the Sale and Servicing Agreement, and any right of the Issuer to take such action shall not be suspended. Any direction by the Credit Enhancer under this Section may be by telephone, promptly confirmed in writing.

Appears in 13 contracts

Samples: Custodial Agreement (CWABS Revolving Home Equity Loan Trust Series, 2004-Q), Custodial Agreement (CWABS Revolving Home Equity Loan Trust, Series 2004-G), Custodial Agreement (CWABS Revolving Home Equity Loan Trust, Series 2004-K)

Performance and Enforcement of Certain Obligations. The Indenture Trustee, as pledgee of the Mortgage Loans, may, and at the direction of the Credit Enhancer (or the Holders of 662/366-2/3% of the Outstanding Amount of all Classes if a Credit Enhancer Default exists) shall exercise all rights of the Issuer against the Sponsor or the Master Servicer in connection with the Sale and Servicing Agreement, including the right to take any action to obtain performance by the either Seller or the Master Servicer, as the case may be, of each of their obligations to the Issuer under the Sale and Servicing Agreement and to give any consent, request, notice, direction, approval, extension, or waiver under the Sale and Servicing Agreement, and any right of the Issuer to take such action shall not be suspended. Any direction by the Credit Enhancer under this Section may be by telephone, promptly confirmed in writing.

Appears in 4 contracts

Samples: Custodial Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2005-J), Custodial Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2006-I), Custodial Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2005-M)

Performance and Enforcement of Certain Obligations. The Indenture Trustee, as pledgee of the Mortgage Loans, may, and at the direction of the Credit Enhancer (or the Holders of 662/366-2/3% of the Outstanding Amount of both Classes if a Credit Enhancer Default exists) shall exercise all rights of the Issuer against the Sponsor or the Master Servicer in connection with the Sale and Servicing Agreement, including the right to take any action to obtain performance by the Seller or the Master Servicer, as the case may be, of each of their obligations to the Issuer under the Sale and Servicing Agreement and to give any consent, request, notice, direction, approval, extension, or waiver under the Sale and Servicing Agreement, and any right of the Issuer to take such action shall not be suspended. Any direction by the Credit Enhancer under this Section may be by telephone, promptly confirmed in writing.

Appears in 4 contracts

Samples: Custodial Agreement (CWABS Revolving Home Equity Loan Trust Series, 2004-P), Custodial Agreement (CWABS Revolving Home Equity Loan Trust, Series 2004-F), Custodial Agreement (CWABS Revolving Home Equity Loan Trust, Series 2004-T)

Performance and Enforcement of Certain Obligations. The Indenture Trustee, as pledgee of the Mortgage Loans, may, and at the direction of the Credit Enhancer (or the Holders of 662/366(2)/3% of the Outstanding Amount of both Classes if a Credit Enhancer Default exists) shall exercise all rights of the Issuer against the Sponsor or the Master Servicer in connection with the Sale and Servicing Agreement, including the right to take any action to obtain performance by the either Seller or the Master Servicer, as the case may be, of each of their obligations to the Issuer under the Sale and Servicing Agreement and to give any consent, request, notice, direction, approval, extension, or waiver under the Sale and Servicing Agreement, and any right of the Issuer to take such action shall not be suspended. Any direction by the Credit Enhancer under this Section may be by telephone, promptly confirmed in writing.

Appears in 4 contracts

Samples: Custodial Agreement (CWHEQ Revolving Home Equity Loan Asset Backed Notes, Series 2005-E), Custodial Agreement (CWHEQ Revolving Home Equity Loan Asset Backed Notes, Series 2005-D), Custodial Agreement (CWHEQ Revolving Home Equity Loan Asset Backed Notes, Series 2005-C)

Performance and Enforcement of Certain Obligations. The Indenture Trustee, as pledgee of the Mortgage Loans, may, and at the direction of the Credit Enhancer (or the Holders of 662/3% 66?% of the Outstanding Amount of all Classes if a Credit Enhancer Default exists) shall exercise all rights of the Issuer against the Sponsor or the Master Servicer in connection with the Sale and Servicing Agreement, including the right to take any action to obtain performance by the either Seller or the Master Servicer, as the case may be, of each of their obligations to the Issuer under the Sale and Servicing Agreement and to give any consent, request, notice, direction, approval, extension, or waiver under the Sale and Servicing Agreement, and any right of the Issuer to take such action shall not be suspended. Any direction by the Credit Enhancer under this Section may be by telephone, promptly confirmed in writing.

Appears in 4 contracts

Samples: Custodial Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2006-B), Custodial Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2006-G), Custodial Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2006-F)

Performance and Enforcement of Certain Obligations. The Indenture Trustee, as pledgee of the Mortgage Loans, may, and at the direction of the Credit Enhancer (or the Holders of 662/366 2/3% of the Outstanding Amount if a Credit Enhancer Default exists) shall exercise all rights of the Issuer against the Sponsor or the Master Servicer in connection with the Sale and Servicing Agreement, including the right to take any action to obtain performance by the Seller or the Master Servicer, as the case may be, of each of their obligations to the Issuer under the Sale and Servicing Agreement and to give any consent, request, notice, direction, approval, extension, or waiver under the Sale and Servicing Agreement, and any right of the Issuer to take such action shall not be suspended. Any direction by the Credit Enhancer under this Section may be by telephone, promptly confirmed in writing.be

Appears in 2 contracts

Samples: Indenture (Cwabs Inc Revolving Home Eq Loan Ast Back Notes Ser 2003-D), Indenture (Cwabs Inc Revolving Home Eq Loan Asset BKD Notes Ser 2003-C)

Performance and Enforcement of Certain Obligations. The Indenture Trustee, as pledgee of the Mortgage Loans, may, and at the direction of the Credit Enhancer (or the Holders of 662/366 2/3% of the Outstanding Amount if a Credit Enhancer Default exists) shall exercise all rights of the Issuer against the Sponsor or the Master Servicer in connection with the Sale and Servicing Agreement, including the right to take any action to obtain performance by the Seller or the Master Servicer, as the case may be, of each of their obligations to the Issuer under the Sale and Servicing Agreement and to give any consent, request, notice, direction, approval, extension, or waiver under the Sale and Servicing Agreement, and any right of the Issuer to take such action shall not be suspended. Any direction by the Credit Enhancer under this Section may be by telephone, promptly confirmed in writing.

Appears in 2 contracts

Samples: Indenture (Cwabs Inc), Indenture (Cwabs Inc)

Performance and Enforcement of Certain Obligations. The Indenture Trustee, as pledgee of the Mortgage Loans, may, and at the direction of the Credit Enhancer (or the Holders of 662/366 2/3% of the Outstanding Amount of both Classes if a Credit Enhancer Default exists) shall exercise all rights of the Issuer against the Sponsor or the Master Servicer in connection with the Sale and Servicing Agreement, including the right to take any action to obtain performance by the Seller or the Master Servicer, as the case may be, of each of their obligations to the Issuer under the Sale and Servicing Agreement and to give any consent, request, notice, direction, approval, extension, or waiver under the Sale and Servicing Agreement, and any right of the Issuer to take such action shall not be suspended. Any direction by the Credit Enhancer under this Section may be by telephone, promptly confirmed in writing.

Appears in 2 contracts

Samples: Custodial Agreement (CWHEQ Revolving Home Equity Loan Asset Backed Notes, Series 2005-H), Custodial Agreement (CWABS Revolving Home Equity Loan Trust Series, 2004-U)

Performance and Enforcement of Certain Obligations. The Indenture Trustee, as pledgee of the Mortgage Loans, may, and at the direction of the Credit Enhancer (or the Holders of 662/3% 66β…”% of the Outstanding Amount of the Notes if a Credit Enhancer Default exists) shall exercise all rights of the Issuer against the Sponsor or the Master Servicer in connection with the Sale and Servicing Agreement, including the right to take any action to obtain performance by the either Seller or the Master Servicer, as the case may be, of each of their obligations to the Issuer under the Sale and Servicing Agreement and to give any consent, request, notice, direction, approval, extension, or waiver under the Sale and Servicing Agreement, and any right of the Issuer to take such action shall not be suspended. Any direction by the Credit Enhancer under this Section may be by telephone, promptly confirmed in writing.

Appears in 2 contracts

Samples: Custodial Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2007-E), Custodial Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2007-D)

Performance and Enforcement of Certain Obligations. The Indenture Trustee, as pledgee of the Mortgage Loans, may, and at the direction of the Credit Enhancer (or the Holders of 662/366(2)/3% of the Outstanding Amount of all Classes if a Credit Enhancer Default exists) shall exercise all rights of the Issuer against the Sponsor or the Master Servicer in connection with the Sale and Servicing Agreement, including the right to take any action to obtain performance by the either Seller or the Master Servicer, as the case may be, of each of their obligations to the Issuer under the Sale and Servicing Agreement and to give any consent, request, notice, direction, approval, extension, or waiver under the Sale and Servicing Agreement, and any right of the Issuer to take such action shall not be suspended. Any direction by the Credit Enhancer under this Section may be by telephone, promptly confirmed in writing.

Appears in 2 contracts

Samples: Custodial Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2005-L), Custodial Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2005-I)

Performance and Enforcement of Certain Obligations. The Indenture Trustee, as pledgee of the Mortgage Loans, may, and at the direction of the Credit Enhancer (or the Holders of 662/366(2)/3% of the Outstanding Amount of both Classes if a Credit Enhancer Default exists) shall exercise all rights of the Issuer against the Sponsor or the Master Servicer in connection with the Sale and Servicing Agreement, including the right to take any action to obtain performance by the Seller or the Master Servicer, as the case may be, of each of their obligations to the Issuer under the Sale and Servicing Agreement and to give any consent, request, notice, direction, approval, extension, or waiver under the Sale and Servicing Agreement, and any right of the Issuer to take such action shall not be suspended. Any direction by the Credit Enhancer under this Section may be by telephone, promptly confirmed in writing.

Appears in 2 contracts

Samples: Custodial Agreement (CWHEQ Revolving Home Equity Loan Asset Backed Notes, Series 2005-G), Custodial Agreement (CWHEQ, Inc.)

Performance and Enforcement of Certain Obligations. The Indenture Trustee, as pledgee of the Mortgage Loans, may, and at the direction of the Credit Enhancer (or the Holders of 662/366(2)/3% of the Outstanding Amount of all Classes of Notes if a Credit Enhancer Default exists) shall exercise all rights of the Issuer against the Sponsor or the Master Servicer in connection with the Sale and Servicing Agreement, including the right to take any action to obtain performance by the either Seller or the Master Servicer, as the case may be, of each of their obligations to the Issuer under the Sale and Servicing Agreement and to give any consent, request, notice, direction, approval, extension, or waiver under the Sale and Servicing Agreement, and any right of the Issuer to take such action shall not be suspended. Any direction by the Credit Enhancer under this Section may be by telephone, promptly confirmed in writing.

Appears in 1 contract

Samples: Custodial Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2005-K)

Performance and Enforcement of Certain Obligations. The Indenture Trustee, as pledgee of the Mortgage Loans, may, and at the direction of [the Credit Enhancer (or or] the Holders of 662/3% [662/3]% of the Outstanding Amount [if a Credit Enhancer Default exists) )] shall exercise all rights of the Issuer against the Sponsor or the Master Servicer in connection with the Sale and Servicing Agreement, including the right to take any action to obtain performance by the Seller or the Master Servicer, as the case may be, of each of their obligations to the Issuer under the Sale and Servicing Agreement and to give any consent, request, notice, direction, approval, extension, or waiver under the Sale and Servicing Agreement, and any right of the Issuer to take such action shall not be suspended. [Any direction by the Credit Enhancer under this Section may be by telephone, promptly confirmed in writing.]

Appears in 1 contract

Samples: Indenture (Indymac Abs Inc)

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Performance and Enforcement of Certain Obligations. The Indenture Trustee, as pledgee of the Mortgage Loans, may, and at the direction of the Credit Enhancer (or the Holders of 662/3% of the Outstanding Amount if a Credit Enhancer Default exists) shall exercise all rights of the Issuer against the Sponsor or the Master Servicer in connection with the Sale and Servicing Agreement, including the right to take any action to obtain performance by the Seller or the Master Servicer, as the case may be, of each of their obligations to the Issuer under the Sale and Servicing Agreement and to give any consent, request, notice, direction, approval, extension, or waiver under the Sale and Servicing Agreement, and any right of the Issuer to take such action shall not be suspended. Any direction by the Credit Enhancer under this Section may be by telephone, promptly confirmed in writing.be

Appears in 1 contract

Samples: Indenture (Cwabs Revolving Home Equity Ln Asset Backed Notes Ser 2003-E)

Performance and Enforcement of Certain Obligations. The Indenture Trustee, as pledgee of the Mortgage Loans, may, and at the direction of the Credit Enhancer (or the Holders of 662/366 2/3% of the Outstanding Amount of the Notes if a Credit Enhancer Default exists) shall exercise all rights of the Issuer against the Sponsor or the Master Servicer in connection with the Sale and Servicing Agreement, including the right to take any action to obtain performance by the either Seller or the Master Servicer, as the case may be, of each of their obligations to the Issuer under the Sale and Servicing Agreement and to give any consent, request, notice, direction, approval, extension, or waiver under the Sale and Servicing Agreement, and any right of the Issuer to take such action shall not be suspended. Any direction by the Credit Enhancer under this Section may be by telephone, promptly confirmed in writing.

Appears in 1 contract

Samples: Custodial Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2007-A)

Performance and Enforcement of Certain Obligations. The Indenture Trustee, as pledgee of the Mortgage Loans, may, and at the direction of the Credit Enhancer (or the Holders of 662/3% of the Outstanding Amount of both Classes if a Credit Enhancer Default exists) shall exercise all rights of the Issuer against the Sponsor or the Master Servicer in connection with the Sale and Servicing Agreement, including the right to take any action to obtain performance by the either Seller or the Master Servicer, as the case may be, of each of their obligations to the Issuer under the Sale and Servicing Agreement and to give any consent, request, notice, direction, approval, extension, or waiver under the Sale and Servicing Agreement, and any right of the Issuer to take such action shall not be suspended. Any direction by the Credit Enhancer under this Section may be by telephone, promptly confirmed in writing.

Appears in 1 contract

Samples: Custodial Agreement (CWHEQ Revolving Home Equity Loan Asset Backed Notes, Series 2005-B)

Performance and Enforcement of Certain Obligations. The Indenture Trustee, as pledgee of the Mortgage Loans, may, and at the direction of the Credit Enhancer (or the Holders of 662/366-2/3% of the Outstanding Amount if a Credit Enhancer Default exists) shall exercise all rights of the Issuer against the Sponsor or the Master Servicer in connection with the Sale and Servicing Agreement, including the right to take any action to obtain performance by the Seller or the Master Servicer, as the case may be, of each of their obligations to the Issuer under the Sale and Servicing Agreement and to give any consent, request, notice, direction, approval, extension, or waiver under the Sale and Servicing Agreement, and any right of the Issuer to take such action shall not be suspended. Any direction by the Credit Enhancer under this Section may be by telephone, promptly confirmed in writing.

Appears in 1 contract

Samples: Custodial Agreement (Cwabs Inc Revolving Home Eq Ln Asst Back NTS Ser 2004-A)

Performance and Enforcement of Certain Obligations. The Indenture Trustee, as pledgee of the Mortgage Loans, may, and at the direction of the Credit Enhancer (or the Holders of 662/366-2/3% of the Outstanding Amount of the Notes if a Credit Enhancer Default exists) shall exercise all rights of the Issuer against the Sponsor or the Master Servicer in connection with the Sale and Servicing Agreement, including the right to take any action to obtain performance by the either Seller or the Master Servicer, as the case may be, of each of their obligations to the Issuer under the Sale and Servicing Agreement and to give any consent, request, notice, direction, approval, extension, or waiver under the Sale and Servicing Agreement, and any right of the Issuer to take such action shall not be suspended. Any direction by the Credit Enhancer under this Section may be by telephone, promptly confirmed in writing.

Appears in 1 contract

Samples: Custodial Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2007-C)

Performance and Enforcement of Certain Obligations. The Indenture Trustee, as pledgee of the Mortgage Loans, may, and at the direction of the Credit Enhancer (or the Holders of 662/366 2/3% of the Outstanding Amount of all Classes if a Credit Enhancer Default exists) shall exercise all rights of the Issuer against the Sponsor or the Master Servicer in connection with the Sale and Servicing Agreement, including the right to take any action to obtain performance by the either Seller or the Master Servicer, as the case may be, of each of their obligations to the Issuer under the Sale and Servicing Agreement and to give any consent, request, notice, direction, approval, extension, or waiver under the Sale and Servicing Agreement, and any right of the Issuer to take such action shall not be suspended. Any direction by the Credit Enhancer under this Section may be by telephone, promptly confirmed in writing.

Appears in 1 contract

Samples: Custodial Agreement (CWHEQ Revolving Home Equity Loan Asset Backed Notes, Series 2006-C)

Performance and Enforcement of Certain Obligations. The Indenture Trustee, as pledgee of the Mortgage Loans, may, and at the direction of the Credit Enhancer (or the Holders of 662/366 2/3% of the Outstanding Amount of both Classes if a Credit Enhancer Default exists) shall exercise all rights of the Issuer against the Sponsor or the Master Servicer in connection with the Sale and Servicing Agreement, including the right to take any action to obtain performance by the either Seller or the Master Servicer, as the case may be, of each of their obligations to the Issuer under the Sale and Servicing Agreement and to give any consent, request, notice, direction, approval, extension, or waiver under the Sale and Servicing Agreement, and any right of the Issuer to take such action shall not be suspended. Any direction by the Credit Enhancer under this Section may be by telephone, promptly confirmed in writing.

Appears in 1 contract

Samples: Custodial Agreement (CWHEQ Revolving Home Equity Loan Asset Backed Notes, Series 2005-F)

Performance and Enforcement of Certain Obligations. The Indenture Trustee, as pledgee of the Mortgage Loans, may, and at the direction of the Credit Enhancer (or the Holders of 662/3% 66?% of the Outstanding Amount of the Notes if a Credit Enhancer Default exists) shall exercise all rights of the Issuer against the Sponsor or the Master Servicer in connection with the Sale and Servicing Agreement, including the right to take any action to obtain performance by the either Seller or the Master Servicer, as the case may be, of each of their obligations to the Issuer under the Sale and Servicing Agreement and to give any consent, request, notice, direction, approval, extension, or waiver under the Sale and Servicing Agreement, and any right of the Issuer to take such action shall not be suspended. Any direction by the Credit Enhancer under this Section may be by telephone, promptly confirmed in writing.

Appears in 1 contract

Samples: Custodial Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2007-B)

Performance and Enforcement of Certain Obligations. The Indenture Trustee, as pledgee of the Mortgage Loans, may, and at the direction of the Credit Enhancer (or the Holders of 662/3% of the Outstanding Amount Voting Rights if a Credit Enhancer Default exists) shall exercise all rights of the Issuer against the Sponsor or the Master Servicer in connection with the Sale and Servicing Agreement, including the right to take any action to obtain performance by the Seller or the Master Servicer, as the case may be, of each of their obligations to the Issuer under the Sale and Servicing Agreement and to give any consent, request, notice, direction, approval, extension, or waiver under the Sale and Servicing Agreement, and any right of the Issuer to take such action shall not be suspended. Any direction by the Credit Enhancer under this Section may be by telephone, promptly confirmed in writing.

Appears in 1 contract

Samples: Indenture (Cwabs Inc)

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