Common use of Replacement Servicer Clause in Contracts

Replacement Servicer. (i) Upon the expiration or termination of this Agreement in accordance with this Article X, or upon the resignation by or removal of the Servicer with respect to the performance of the Services for any or all of the Aircraft Assets, the Servicer will cooperate with any Replacement Servicer, including providing such Replacement Servicer with all information and documents reasonably requested. (ii) Other than at the expiration of the term as set forth in Section 10.01 or pursuant to a termination of the Agreement by the Servicer in accordance with Section 10.02(a)(i)(A) due to nonpayment of amounts owed to the Servicer, the Servicer may not resign or be removed from its obligations and duties as Servicer hereunder, nor may this Agreement be terminated with respect to the Servicer, in either case in whole or in part, unless a Replacement Servicer has been appointed by the Company or, if an Event of Default has occurred and is continuing, the Policy Provider, and has accepted such appointment, and the Company has received both a written confirmation from each of the Rating Agencies that no lowering or withdrawal of the then current Ratings of any class or subclass of Notes will result from such appointment and the prior written consent of the Policy Provider; provided that, in the event that a Replacement Servicer shall not have been appointed within 90 days after any termination of this Agreement with respect to the Servicer or any resignation by or removal of the Servicer, the Servicer or the Company (and, following the giving of a Default Notice under the Indenture, the Policy Provider or the Security Trustee) may petition any court of competent jurisdiction for the appointment of a Replacement Servicer.

Appears in 1 contract

Sources: Servicing Agreement (Babcock & Brown Air LTD)

Replacement Servicer. (i) Upon the expiration or termination of this Agreement in accordance with this Article X, or upon the resignation by or removal of the Servicer with respect to the performance of the Services for any or all of the Aircraft Assets, the Servicer will cooperate with any Replacement Servicer, including providing such Replacement Servicer with all information and documents reasonably requested. (ii) Other than at the expiration of the term as set forth in Section 10.01 or pursuant to a termination of the Agreement by the Servicer in accordance with Section 10.02(a)(i)(A) due to nonpayment of amounts owed to the Servicer), the Servicer may not resign or be removed from its obligations and duties as Servicer hereunder, nor may this Agreement be terminated with respect to the Servicer, in either case in whole or in part, unless a Replacement Servicer has been appointed by the Company GFL or, if an Event of Default has occurred and is continuing, the Policy Provider, and has accepted such appointment, and the Company GFL has received both a written confirmation from each of the Rating Agencies that no lowering or withdrawal of the then current Ratings of any class or subclass of Notes will result from such appointment and the prior written consent of the Policy Provider; provided provided, however, that, in the event that a Replacement Servicer shall not have been appointed within 90 days after any termination of this Agreement with respect to the Servicer or any resignation by or removal of the Servicer, the Servicer or the Company (and, following the giving of a Default Notice under the Indenture, the Policy Provider or the Security Trustee) may petition any court of competent jurisdiction for the appointment of a Replacement Servicer.

Appears in 1 contract

Sources: Servicing Agreement (Genesis Lease LTD)

Replacement Servicer. (i) Upon the expiration or termination of this Agreement in accordance with this Article X, or upon the resignation by or removal of the Servicer with respect to the performance of the Services for any or all of the Aircraft Assets, the Servicer will cooperate with any Replacement Servicer, including providing such Replacement Servicer with all information and documents reasonably requested. (ii) Other than at the expiration of the term as set forth in Section 10.01 or pursuant to a termination of the Agreement by the Servicer in accordance with Section 10.02(a)(i)(A) due to nonpayment of amounts owed to the Servicer), the Servicer may not resign or be removed from its obligations and duties as Servicer hereunder, nor may this Agreement be terminated with respect to the Servicer, in either case in whole or in part, unless a Replacement Servicer has been appointed by the Company or, if an Event of Default has occurred and is continuing, the Policy Provider, and has accepted such appointment, appointment and the Company LIFT has received both a written confirmation from each of the Rating Agencies that no lowering or withdrawal with drawal of the then current Ratings of any class or subclass of Notes will result from such appointment and the prior written consent of the Policy Providerappointment; provided PROVIDED, HOWEVER, that, in the event that a Replacement Servicer shall not have been appointed within 90 days after any termination of this Agreement with respect to the Servicer or any resignation by or removal of the Servicer, the Servicer or the Company (and, following the giving of a Default Notice under the Indenture, the Policy Provider or the Security Trustee) may petition any court of competent jurisdiction for the appointment of a Replacement Servicer.

Appears in 1 contract

Sources: Servicing Agreement (Lease Investment Flight Trust)