Common use of Retention and Termination of Servicer Clause in Contracts

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ which term shall be extendible by [the Note Insurer] for successive quarterly terms ending on each successive June 30, September 30, December 31, and March 31 (or, pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral Agent, for any specified number of terms greater than one), until the termination of the Issuer. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] to the Trust Collateral Agent and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note Insurer Default shall have occurred and be continuing,] the Trust Collateral Agent agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, the Trust Collateral Agent shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Long Beach Acceptance Receivables Corp.), Sale and Servicing Agreement (Long Beach Acceptance Receivables Corp. II), Sale and Servicing Agreement (Long Beach Acceptance Corp)

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Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, term commencing on the Closing Date and ending on _______________ September 30, 2004, which term shall may be extendible extended by [the Note Insurer] Noteholder for successive quarterly terms ending on each successive June 30, September 30, December 31, March 31, June 30 and March 31 September 30 pursuant to written instructions delivered by the Noteholder to the Servicer and the Trustee (or, at the discretion of the Noteholder exercised pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral AgentTrustee, for any specified number of terms greater than one), until such time as the termination of the Issuer. Each Note has been paid in full (each such notice (notice, including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (, a "Servicer Extension NoticeSERVICER EXTENSION NOTICE") shall be delivered by [the Note Insurer] to the Trust Collateral Agent and the Servicer). The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note Insurer Default shall have occurred and be continuing,] the Trust Collateral Agent The Trustee agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, the Trust Collateral Agent Trustee shall not have received any Servicer Extension Notice from [the Note Insurer]Noteholder, the Trust Collateral Agent willTrustee shall, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) Noteholder and the Servicer and the Servicer's terms term shall not be extended unless a an Servicer Extension Notice is received on or before the last day of such term.

Appears in 2 contracts

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

Retention and Termination of Servicer. The As long as the Seller acts as Servicer, the Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, term commencing on the Closing Date and ending on _______________ June 30, 2002, which term shall may be extendible extended by [the Note Insurer] Controlling Party for successive quarterly terms ending on each successive June 30, September 30, December 31, and March 31 and June 30 (or, at the discretion of the Controlling Party exercised pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral AgentTrustee, for any specified number of terms greater than one), until such time as the termination of Note have been paid in full, and all amounts due to the IssuerInsurer have been paid in full. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension NoticeSERVICER EXTENSION NOTICE") shall be delivered by [the Note Insurer] Controlling Party to the Trust Collateral Agent Trustee and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note an Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent Trustee agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, the Trust Collateral Agent Trustee shall not have received any Servicer Extension Notice from [the Note Insurer]Controlling Party, the Trust Collateral Agent willTrustee shall, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], Controlling Party. If the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall Controlling Party does not be extended unless deliver a Servicer Extension Notice is received to the Trustee and the Servicer on or before prior to the last day of such termany term of the Servicer, the Person then acting as Servicer shall, unless otherwise agreed to in writing by the Controlling Party, cease to be the Servicer hereunder in accordance with SECTION 10.3.

Appears in 2 contracts

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

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this the Agreement for an initial term, commencing on the Closing Date and ending on _______________ March 31, 1998, which term shall be extendible by [the Note Insurer] Insurer for successive quarterly terms ending on each successive March 31, June 30, September 30, 30 and December 31, and March 31 (or, pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral Agent, for any specified number of terms greater than one), until the termination of the IssuerTrust. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note an Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent agrees that if that, as of the fifteenth day prior to the last day of any term of the Servicer, if in which the Trust Collateral Agent shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms term shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 2 contracts

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

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ March 31, 1999, which term shall be extendible by [the Note Insurer] Security Insurer for successive quarterly terms ending on each successive June 30, September 30, December 31, 31 and March 31 (or, pursuant to revocable written standing instructions from time to time to the Servicer Servicer, the Indenture Trustee and the Trust Collateral AgentOwner Trustee, for any specified number of terms greater than one), until the termination of the IssuerTrust. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Security Insurer to the Trust Collateral Agent Owner Trustee, the Indenture Trustee and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof Closing Date and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note an Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent Indenture Trustee agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, Servicer the Trust Collateral Agent Indenture Trustee shall not have received any Servicer Extension Notice from [the Note Security Insurer], the Trust Collateral Agent Indenture Trustee will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer]Owner Trustee, the Back-up Servicer (or any alternate successor servicer appointed by the Note Security Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Arcadia Receivables Finance Corp), Sale and Servicing Agreement (Arcadia Receivables Finance Corp)

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ March 31, 1997, which term shall be extendible by [the Note Insurer] Security Insurer for successive quarterly terms ending on each successive June 30, September 30, December 31, 31 and March 31 (or, pursuant to revocable written standing instructions from time to time to the Servicer Servicer, the Indenture Trustee and the Trust Collateral AgentOwner Trustee, for any specified number of terms greater than one), until the termination of the IssuerTrust. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Security Insurer to the Trust Collateral Agent Owner Trustee, the Indenture Trustee and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof Closing Date and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note an Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent Indenture Trustee agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, Servicer the Trust Collateral Agent Indenture Trustee shall not have received any Servicer Extension Notice from [the Note Security Insurer], the Trust Collateral Agent Indenture Trustee will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer]Owner Trustee, the Back-up Servicer (or any alternate successor servicer appointed by the Note Security Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Olympic Receivables Finance Corp), Sale and Servicing Agreement (Olympic Receivables Finance Corp)

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, term commencing on the Closing Date and ending on _______________ December 31, 1997, which term shall be extendible by [the Note Insurer] Insurer for successive quarterly terms ending on each successive March 31, June 30, September 30, 30 and December 31, and March 31 (or, at the discretion of the Note Insurer exercised pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral AgentTrustee, for any specified number of terms greater than one), until such time as the termination Notes have been paid in full, all amounts due to the Certificateholders have been paid and until the Termination of the IssuerTrust. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent Trustee and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [If an Insurer Default has occurred and is continuing, the term of the Servicer's appointment hereunder shall be deemed to have been extended until such time, if any, as such Insurer Default has been cured unless such appointment is terminated sooner in accordance with the terms of this Agreement). Until such time as a Note an Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent Trustee agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, the Trust Collateral Agent Trustee shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent willTrustee shall, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 2 contracts

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

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ , which term shall may be extendible extended by [written notice delivered by the Note Insurer] , so long as the Insurer is the Controlling Party, for successive quarterly terms three month periods ending on each successive June 30, September 30, December 31, and March 31 three month period (or, pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral AgentIndenture Trustee, extended for any specified number of terms greater than one), until the termination of the Issuer. Each If an Insurer Default shall have occurred and be continuing, such term will automatically be renewed unless the Majority Noteholders vote to remove the Servicer. Any such notice (including each notice pursuant to standing instructions, which which, if delivered, shall be deemed delivered at the end of successive quarterly monthly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent Indenture Trustee and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof and for the duration of the term covered by such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note Insurer Default shall have occurred and be continuing,] the Trust Collateral Agent agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, the Trust Collateral Agent shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the The Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term. This Section shall not apply to the Back-up Servicer or the Standby Servicer.

Appears in 2 contracts

Samples: Trust and Servicing Agreement (Bay View Transaction Corp), Trust and Servicing Agreement (Bay View Deposit CORP)

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on March 31, 200_______________ , which term shall be extendible by [the Note Insurer] Insurer (provided no Insurer Default has occurred and is continuing) for successive quarterly terms ending on each successive June 30, September 30, December 31, 31 and March 31 (or, pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral Agent, Indenture Trustee for any specified specific number of terms greater than one), until the termination of the IssuerNotes are paid in full. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent Indenture Trustee and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof Closing Date and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note an Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent Indenture Trustee agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, the Trust Collateral Agent Indenture Trustee shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent willIndenture Trustee shall, within five (5) days thereafterafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms term shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term. Notwithstanding the foregoing, in the event an Insurer Default has occurred and is continuing, the Servicer Extension Notice shall be deemed to have been delivered as of the last day of the current term of the Servicer and extended until the next quarterly period.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Ml Asset Backed Corp)

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this the Agreement for an initial term, commencing on the Closing Date and ending on _______________ September 30, 1997, which term shall be extendible by [the Note Insurer] Insurer for successive quarterly terms ending on each successive March 31, June 30, September 30, 30 and December 31, and March 31 (or, pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral Agent, for any specified number of terms greater than one), until the termination of the IssuerTrust. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning beinning on the date hereof and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note an Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent agrees that if that, as of the fifteenth day prior to the last day of any term of the Servicer, if in which the Trust Collateral Agent shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms term shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

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

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ March 31, 2002, which term shall be extendible by [the Note Insurer] subject to extension for successive quarterly terms ending on each successive March 31, June 30, September 30, 30 and December 31, until the Notes and March 31 the Certificates are paid in full, if the Administrative Agent gives written notice of each such extension (ora "Servicer Extension Notice") to the Trust Collateral Agent and the Servicer. At any time that a Servicer Termination Event has occurred and is continuing, pursuant the Class A Majority, the Class B Majority and the Class C Majority, acting together, may vote to instruct the Administrative Agent not to deliver a Servicer Extension Notice with respect to the next succeeding calendar quarter. If, prior to such date, the Class A Majority, the Class B Majority and the Class C Majority, acting together, have not so instructed the Administrative Agent not to deliver a Servicer Extension Notice with respect to the next calendar quarter, the Administrative Agent shall, on a date no earlier than the 15th Business Day preceding the end of the related calendar quarter and no later than the 10th Business Day preceding the end of such calendar quarter, deliver a Servicer Extension Notice to the Trust Collateral Agent and the Servicer with respect to such calendar quarter. The Administrative Agent may give standing written, revocable written standing instructions from time to time to the Servicer and the Trust Collateral Agent, with a copy in writing to each Noteholder, for any specified number of quarterly terms greater than one)1. If the Class A Majority, until the termination Class B Majority and the Class C Majority, acting together, instruct the Administrative Agent in writing to revoke any standing instructions, the Administrative Agent shall do so. The Servicer hereby agrees that, as of the Issuer. Each date hereof and upon its receipt of any such notice Servicer Extension Notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] to the Trust Collateral Agent effect and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Noticehave not been revoked), the Servicer shall become bound, for the initial term beginning on the date hereof Closing Date and for the duration of the term covered by such Servicer Extension Noticenotice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as The Administrative Agent will notify the Backup Servicer no later than the 10th Business Day preceding the end of a Note Insurer Default shall have occurred and be continuing,] the Trust Collateral Agent agrees that calendar quarter if as of the fifteenth day prior to the last day of any term of the Servicer, the Trust Collateral Agent shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before not being delivered to the last day of such termTrust Collateral Agent and the Servicer with respect to the succeeding calendar quarter."

Appears in 1 contract

Samples: Custodian Agreement (Americredit Corp)

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ December 31, 1998, which term shall be extendible by [the Note Insurer] Security Insurer for successive quarterly terms ending on each successive March 31, June 30, September 30, 30 and December 31, and March 31 (or, pursuant to revocable written standing instructions from time to time to the Servicer Servicer, the Indenture Trustee and the Trust Collateral AgentOwner Trustee, for any specified number of terms greater than one), until the termination of the IssuerTrust. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Security Insurer to the Trust Collateral Agent Owner Trustee, the Indenture Trustee and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof Closing Date and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note an Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent Indenture Trustee agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, Servicer the Trust Collateral Agent Indenture Trustee shall not have received any Servicer Extension Notice from [the Note Security Insurer], the Trust Collateral Agent Indenture Trustee will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer]Owner Trustee, the Back-up Servicer (or any alternate successor servicer appointed by the Note Security Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Arcadia Receivables Finance Corp)

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ September 30, 1999, which term shall be extendible by [the Note Insurer] Security Insurer for successive quarterly terms ending on each successive June 30, September 30, December 31, March 31, June 30 and March 31 September 30 (or, pursuant to revocable written standing instructions from time to time to the Servicer Servicer, the Indenture Trustee and the Trust Collateral AgentOwner Trustee, for any specified number of terms greater than one), until the termination of the IssuerTrust. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Security Insurer to the Trust Collateral Agent Owner Trustee, the Indenture Trustee and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof Closing Date and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note an Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent Indenture Trustee agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, Servicer the Trust Collateral Agent Indenture Trustee shall not have received any Servicer Extension Notice from [the Note Security Insurer], the Trust Collateral Agent Indenture Trustee will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer]Owner Trustee, the Back-up Servicer (or any alternate successor servicer appointed by the Note Security Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Arcadia Receivables Finance Corp)

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ December 31, 2003, which term shall may be extendible extended by [written notice delivered by the Note Insurer] , so long as the Insurer is the Controlling Party, for successive quarterly terms three month periods ending on each successive June 30, September 30, December 31, and March 31 three month period (or, pursuant to revocable written TRUST AND SERVICING AGREEMENT 34 standing instructions from time to time to the Servicer and the Trust Collateral AgentIndenture Trustee, extended for any specified number of terms greater than one), until the termination of the Issuer. Each If an Insurer Default shall have occurred and be continuing, such term will automatically be renewed unless the Majority Noteholders vote to remove the Servicer. Any such notice (including each notice pursuant to standing instructions, which which, if delivered, shall be deemed delivered at the end of successive quarterly monthly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent Indenture Trustee and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note Insurer Default shall have occurred and be continuing,] the Trust Collateral Agent agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, the Trust Collateral Agent shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the The Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term. This Section shall not apply to the Back-up Servicer or the Standby Servicer.

Appears in 1 contract

Samples: Trust and Servicing Agreement (Bay View Transaction Corp)

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ March 31, 1999, which term shall be extendible by [the Note Insurer] Insurer (provided that no Insurer Default has occurred and is continuing) for successive quarterly terms ending on each successive June 30, September 30, December 31, 31 and March 31 (or, pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral Agent, Indenture Trustee for any specified specific number of terms greater than one), until the termination of the IssuerNotes are paid in full. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Servicing Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent Indenture Trustee and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof Closing Date and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note an Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent Indenture Trustee agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, Servicer the Trust Collateral Agent Indenture Trustee shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent Indenture Trustee will, within five days thereafterafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms term shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term. Notwithstanding the foregoing, in the event an Insurer Default has occurred and is continuing, the Servicer Extension Notice shall be deemed to have been delivered as of last day of the current term of the Servicer and extended until the next quarterly period.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Asset Backed Securities Corp)

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, term commencing on the Closing Date and ending on _______________ November 30, 2005, which term shall may be extendible extended by [the Note Insurer] Purchaser for successive quarterly monthly terms ending on each successive June 30, September 30, December 31, pursuant to written instructions delivered by the Note Purchaser to the Servicer and March 31 the Trustee (or, at the discretion of the Note Purchaser exercised pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral AgentTrustee, for any specified number of terms greater than one), until such time as the termination of the Issuer. Each Notes and all other Secured Obligations have been paid in full (each such notice (notice, including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (, a "Servicer Extension NoticeSERVICER EXTENSION NOTICE") shall be delivered by [the Note Insurer] to the Trust Collateral Agent and the Servicer). The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension NoticeNotice or other extension of its term as Servicer, the Servicer shall become bound, for the initial term beginning on the date hereof and for the duration of the term covered by such Servicer Extension NoticeNotice or for the monthly term, as applicable, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note Insurer Default shall have occurred and be continuing,] the Trust Collateral Agent The Trustee agrees that if as of the fifteenth twentieth day prior to the last day of any term of the Servicer, the Trust Collateral Agent Trustee shall not have received any Servicer Extension Notice from [the Note Insurer]as of such date, the Trust Collateral Agent willTrustee shall, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) Purchaser and the Servicer and the Servicer's terms term shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

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

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ June 30, 1997, which term shall be extendible by [the Note Insurer] Security Insurer for successive quarterly terms ending on each successive June 30, September 30, December 31, and March 31 and June 30 (or, pursuant to revocable written standing instructions from time to time to the Servicer Servicer, the Indenture Trustee and the Trust Collateral AgentOwner Trustee, for any specified number of terms greater than one), until the termination of the IssuerTrust. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Security Insurer to the Trust Collateral Agent Owner Trustee, the Indenture Trustee and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof Closing Date and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note an Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent Indenture Trustee agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, Servicer the Trust Collateral Agent Indenture Trustee shall not have received any Servicer Extension Notice from [the Note Security Insurer], the Trust Collateral Agent Indenture Trustee will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer]Owner Trustee, the Back-up Servicer (or any alternate successor servicer appointed by the Note Security Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Olympic Receivables Finance Corp)

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ September 30, 2000, which term shall be extendible by [the Note Insurer] Insurer for successive quarterly terms ending on each successive June 30, September 30, December 31, March 31, June 30 and March 31 September 30 (or, pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral Agent, for any specified number of terms greater than one), until the termination of the Issuer. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, the Trust Collateral Agent shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Long Beach Holdings Corp)

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ March 31, 2000, which term shall be extendible by [the Note Insurer] Insurer for successive quarterly terms ending on each successive June 30, September 30, December 31, 31 and March 31 (or, pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral Agent, for any specified number of terms greater than one), until the termination of the Issuer. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, the Trust Collateral Agent shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Long Beach Holdings Corp)

Retention and Termination of Servicer. The Servicer ------------------------------------- hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ December 31, 1998, which term shall be extendible by [the Note Insurer] Controlling Party for successive quarterly terms ending on each successive June 30, September 30, December March 31, June 30 and March 31 September 30 (or, pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral Agent, Agent for any specified number of terms greater than one), until the termination of Notes and the IssuerSecurities are paid in full. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof Closing Date and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note an Insurer Default shall have occurred and be continuing,] continuing the Trust Collateral Agent agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, Servicer the Trust Collateral Agent shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

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

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ June 30, 1998, which term shall be extendible by [the Note Insurer] Security Insurer for successive quarterly terms ending on each successive June 30, September 30, December 31, and March 31 and June 30 (or, pursuant to revocable written standing instructions from time to time to the Servicer Servicer, the Indenture Trustee and the Trust Collateral AgentOwner Trustee, for any specified number of terms greater than one), until the termination of the IssuerTrust. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Security Insurer to the Trust Collateral Agent Owner Trustee, the Indenture Trustee and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof Closing Date and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note an Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent Indenture Trustee agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, Servicer the Trust Collateral Agent Indenture Trustee shall not have received any Servicer Extension Notice from [the Note Security Insurer], the Trust Collateral Agent Indenture Trustee will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer]Owner Trustee, the Back-up Servicer (or any alternate successor servicer appointed by the Note Security Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Arcadia Receivables Finance Corp)

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ June 30, 2002, which term shall be extendible subject to extension by [the Note Insurer] Controlling Party for successive quarterly terms ending on each successive June 30, September 30, December 31, and March 31 and June 30 (or, pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral Agent, Agent for any specified number of terms greater than one), until the termination of Notes and the IssuerSecurities are paid in full. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension NoticeSERVICER EXTENSION NOTICE") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof Closing Date and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note an Insurer Default shall have occurred and be continuing,] continuing the Trust Collateral Agent agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, Servicer the Trust Collateral Agent shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

Samples: Sale and Servicing (Americredit Financial Services Inc)

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ June 30, 2007 which term shall be extendible by [the Note Insurer] Insurer for successive quarterly terms ending on each successive June 30, September 30, December 31, and March 31 and June 30, (or, pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral Agent, for any specified number of terms greater than one), until the termination of the Issuer. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, the Trust Collateral Agent shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term. Following a Note Insurer Default, this Section 4.13 shall no longer apply and the Servicer shall be deemed to be retained for the term of this Agreement, unless otherwise removed pursuant to Article 9.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Long Beach Acceptance Receivables Corp. II)

Retention and Termination of Servicer. The Servicer hereby ------------------------------------- covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ March 31, 2000, which term shall be extendible subject to extension by [the Note Insurer] Controlling Party for successive quarterly terms ending on each successive June 30, September 30, December 31, 31 and March 31 (or, pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral Agent, Agent for any specified number of terms greater than one), until the termination of Notes and the IssuerSecurities are paid in full. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof Closing Date and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note an Insurer Default shall have occurred and be continuing,] continuing the Trust Collateral Agent agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, Servicer the Trust Collateral Agent shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

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

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, term commencing on the Closing Date and ending on _______________ which term shall be extendible by [the Note Insurer] for successive quarterly terms ending on each successive June 30, September 302007, December 31, and March 31 which term may be extended by the Note Insurer for successive two-month terms (or, at the discretion of the Note Insurer exercised pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral AgentTrustee, for any specified number of terms greater than one), until such time as the Notes have been paid in full, all amounts due to the Residual Certificateholders and the Note Insurer have been paid and until the termination of the IssuerTrust. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent Trustee and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [If an Insurer Default has occurred and is continuing, the term of the Servicer's appointment hereunder shall be deemed to have been extended until such time, if any, as such Insurer Default has been cured unless such appointment is terminated sooner in accordance with the terms of this Agreement. Until such time as a Note an Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent Trustee agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, the Trust Collateral Agent Trustee shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent willTrustee shall, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

Samples: Sale and Servicing (Consumer Portfolio Services Inc)

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ December 31, 2002, which term shall be extendible subject to extension by [the Note Insurer] Controlling Party for successive quarterly terms ending on each successive March 31, June 30, September 30, 30 and December 31, and March 31 (or, pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral Agent, Agent for any specified number of terms greater than one), until the termination of Notes and the IssuerSecurities are paid in full. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof Closing Date and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note an Insurer Default shall have occurred and be continuing,] continuing the Trust Collateral Agent agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, Servicer the Trust Collateral Agent shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

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

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such Servicer under this Agreement for an initial term, term commencing on the Closing Date and ending on _______________ August 31, 1997, which term shall be extendible by [the Note Insurer] Insurer (or the Indenture Trustee for as long as the Notes are outstanding, if there is an existing Note Insurer Default or if the Policy is no longer in effect) for successive quarterly terms ending on each successive June November 30, September 30February 28, December 31, May 31 and March August 31 (or, or pursuant to revocable written standing instructions delivered from time to time to the Servicer Servicer, the Indenture Trustee and the Trust Collateral AgentOwner Trustee, for any specified number of terms greater than oneterms), until the termination Notes are paid in full; provided, however, that on the date that the Notes are paid in full, the then current term of the IssuerServicer shall be automatically extended until the Certificates are paid in full. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] , the Indenture Trustee or the Owner Trustee, as applicable, to the Trust Collateral Agent and the Servicerother parties to this Agreement. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof and be bound for the duration of the initial term or the term covered by such Servicer Extension Notice, Notice to continue act as the Servicer Servicer, subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent Servicer agrees that if as of the fifteenth last day prior to of the calendar month preceding the last day of any such servicing term of the Servicer, the Trust Collateral Agent Servicer shall not have received any a Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent willServicer shall, within five days thereafter, give written notice of such non-receipt [to the Indenture Trustee, the Owner Trustee, the Note Insurer], the BackSub-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Backup Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

Samples: Sale and Servicing Agreement (First Merchants Acceptance Corp)

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, monthly terms commencing on the Class A Closing Date Date, with the most recent of such terms commencing as of the date hereof and ending on _______________ February 28, 2007, which term shall may be extendible extended by [the Controlling Note Insurer] Purchaser for successive quarterly monthly terms ending on each successive June 30, September 30, December 31, pursuant to written instructions delivered by the Controlling Note Purchaser to the Servicer and March 31 the Trustee (or, at the discretion of the Controlling Note Purchaser exercised pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral AgentTrustee, for any specified number of terms greater than one), until such time as the termination of Notes, all other Secured Obligations and any and all other amounts due and payable to the Issuer. Each Note Purchasers and the Noteholders pursuant to the Basic Documents have been paid in full (each such notice (notice, including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (, a "Servicer Extension NoticeSERVICER EXTENSION NOTICE") shall be delivered by [the Note Insurer] to the Trust Collateral Agent and the Servicer). The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension NoticeNotice or other extension of its term as Servicer, the Servicer shall become bound, for the initial term beginning on the date hereof and for the duration of the term covered by such Servicer Extension NoticeNotice or for the monthly term, as applicable, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note Insurer Default shall have occurred and be continuing,] the Trust Collateral Agent The Trustee agrees that if as of the fifteenth day prior to Business Day succeeding the last day of Settlement Date occurring during any term of the Servicer, the Trust Collateral Agent Trustee shall not have received any Servicer Extension Notice from [the Note Insurer]as of such date, the Trust Collateral Agent willTrustee shall, within five days thereafter, give written notice of such non-receipt [to the each Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) Purchaser and the Servicer and the Servicer's terms term shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term. The Controlling Note Purchaser shall have no liability to the other Note Purchasers or the Noteholders arising out of or relating to any renewal or non-renewal of the term of the Servicer pursuant to this Section 4.15.

Appears in 1 contract

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

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Effective Date and ending on _______________ December 31, 1998 which term shall may be extendible extended by [the Note Insurer] Security Insurer for successive quarterly terms ending on each successive June 30, September 30, December 31, and March 31 31, (or, pursuant to revocable written standing instructions from time to time to the Servicer Servicer, the Indenture Trustee and the Trust Collateral Administrative Agent, for any specified number of terms greater than one), until the termination of the Issuerthis Agreement. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Security Insurer to the Trust Collateral Agent Administrative Agent, the Indenture Trustee and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof Closing Date and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note an Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent Indenture Trustee agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, Servicer the Trust Collateral Agent Indenture Trustee shall not have received any Servicer Extension Notice from [the Note Security Insurer], the Trust Collateral Agent Indenture Trustee will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer]Administrative Agent, the Back-up Servicer (or any alternate successor servicer appointed by the Note Security Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Arcadia Financial LTD)

Retention and Termination of Servicer. The As long as CPS acts as Servicer, the Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, term commencing on the Closing Date and ending on _______________ January 31, 2003, which term shall be extendible by [the Note Insurer] Controlling Party for successive quarterly monthly terms ending on each successive June 30, September 30, December 31, and March 31 (or, at the discretion of the Controlling Party exercised pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral AgentTrustee, for any specified number of terms greater than one), until such time as the termination of Notes have been paid in full, and all amounts due to the IssuerControlling Party have been paid in full. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent Trustee and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [If an Insurer Default has occurred and is continuing, the term of the Servicer's appointment hereunder shall be deemed to have been extended until such time, if any, as such Insurer Default has been cured unless such appointment is terminated sooner in accordance with the terms of this Agreement. Until such time as a Note an Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent Trustee agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, the Trust Collateral Agent Trustee shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent willTrustee shall, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

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

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ September 30, 1998, which term shall be extendible by [the Note Insurer] Security Insurer for successive quarterly terms ending on each successive June 30, September 30, December 31, March 31, June 30 and March 31 September 30 (or, pursuant to revocable written standing instructions from time to time to the Servicer Servicer, the Indenture Trustee and the Trust Collateral AgentOwner Trustee, for any specified number of terms greater than one), until the termination of the IssuerTrust. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Security Insurer to the Trust Collateral Agent Owner Trustee, the Indenture Trustee and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof Closing Date and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note an Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent Indenture Trustee agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, Servicer the Trust Collateral Agent Indenture Trustee shall not have received any Servicer Extension Notice from [the Note Security Insurer], the Trust Collateral Agent Indenture Trustee will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer]Owner Trustee, the Back-up Servicer (or any alternate successor servicer appointed by the Note Security Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Arcadia Receivables Finance Corp)

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ March 31, 1999, which term shall be extendible by [the Note Insurer] Certificate Insurer for successive quarterly terms ending on each successive June 30, September 30, December 31, 31 and March 31 (or, pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral AgentTrustee, for any specified number of terms greater than one), until the termination of the IssuerTrust. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Certificate Insurer to the Trust Collateral Agent Trustee and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note an Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent Trustee agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, the Trust Collateral Agent Trustee shall not have received any Servicer Extension Notice from [the Note Certificate Insurer], the Trust Collateral Agent Trustee will, within five days thereafter, give written notice of such non-receipt [to the Note Certificate Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Certificate Insurer pursuant to Section 8.57.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Long Beach Holdings Corp)

Retention and Termination of Servicer. (a) The servicing, administering and collection of the Receivables shall be conducted by the Person (the "Servicer") so designated from time to time in accordance with this Section 6.01. Subject to early termination due to the occurrence of a Servicer hereby covenants and agrees to act Termination Event or as such under otherwise provided below in this Agreement Section 6.01, BusLease shall serve as Servicer for an initial term, term commencing on the Closing Date date hereof and ending expiring on _______________ June 30, 2000, which term term, unless terminated, shall be extendible by [the Note Insurer] Controlling Party for successive quarterly terms ending thereafter of one calendar quarter each (in each case on each successive the next succeeding day that is March 31, June 30, September 30, 30 or December 31, and March 31 of such year) as specified in a writing (or, pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral Agent, for any specified number of terms greater than one), until the termination of the Issuer. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Controlling Party not later than the twentieth (20th) day prior to the Trust Collateral Agent expiration of each current term to the Servicer and the ServicerAdministrative Agent, until the termination of this Agreement. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof and for the duration of the term covered by such Servicer Extension Noticenotice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note Insurer Default shall have occurred and be continuing,] the Trust Collateral The Administrative Agent agrees that if if, as of the fifteenth (15th) day prior to the last day of any term of the Servicer, the Trust Collateral Administrative Agent shall not have received any Servicer Extension Notice from [the Note Insurer]Controlling Party, the Trust Collateral Agent willAdministrative Agent, shall, within five (5) days thereafter, give written notice of such non-receipt [to the Note Insurer], Controlling Party (if not the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5Administrative Agent) and the Servicer. Any designation of a successor Servicer under this Agreement shall become effective upon such successor Servicer's agreement to perform the duties and obligations of the Servicer pursuant to the terms hereof and BusLease shall continue to perform the obligations of the Servicer hereunder and be paid the Servicing Fee until such successor Servicer shall have assumed the responsibilities and obligations of the Servicer's . The Servicer may, with the prior consent of Controlling Party, subcontract with any other Person for the servicing, administering or collecting the Purchased Receivables; provided that the Servicer shall remain liable for the performance of the duties and obligations of the Servicer pursuant to the terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such termhereof.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Motor Coach Industries International Inc)

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ December 31, 1997, which term shall be extendible by [the Note Insurer] Controlling Party for successive quarterly terms ending on each successive June 30, September 30, December 31, March 31, June 30 and March 31 September 30 (or, pursuant to revocable written standing instructions from time to time to the Servicer Servicer, the Trustee and the Trust Collateral AgentIssuer, for any specified number of terms greater than one), until the termination of the IssuerNotes are paid in full. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Controlling Party to the Trust Collateral Agent Issuer, the Trustee and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof Closing Date and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note an Insurer Default shall have occurred and be continuing,] continuing the Trust Collateral Agent Trustee agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, Servicer the Trust Collateral Agent Trustee shall not have received any Servicer Extension Notice from [the Note Insurer]Controlling Party, the Trust Collateral Agent Trustee will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer]Issuer, the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer Controlling Party and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

Samples: Sale and Servicing Agreement (First Enterprise Financial Group Inc)

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ June 30, 2002, which term shall be extendible subject to extension by [the Note Insurer] Controlling Party for successive quarterly terms ending on each successive June 30, September 30, December 31, and March 31 and June 30 (or, pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral Agent, Agent for any specified number of terms greater than one), until the termination of Notes and the IssuerSecurities are paid in full. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof Closing Date and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note an Insurer Default shall have occurred and be continuing,] continuing the Trust Collateral Agent agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, Servicer the Trust Collateral Agent shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

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

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this the Agreement for an initial term, commencing on the Closing Date and ending on _______________ December 31, 1996, which term shall be extendible by [the Note Insurer] Certificate Insurer for successive quarterly terms ending on each successive March 31, June 30, September 30, 30 and December 31, and March 31 (or, pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral AgentTrustee, for any specified number of terms greater than one), until the termination of the IssuerTrust. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Certificate Insurer to the Trust Collateral Agent Trustee and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note Certificate Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent Trustee agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, Servicer the Trust Collateral Agent Trustee shall not have received any Servicer Extension Notice from [the Note Certificate Insurer], the Trust Collateral Agent Trustee will, within five days thereafter, give written notice of such non-receipt [to the Note Certificate Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

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

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ September 30, 2006, which term shall be extendible subject to extension by [the Note Insurer] Controlling Party for successive quarterly terms ending on each successive March 31, June 30, September 30, 30 and December 31, and March 31 (or, pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral Agent, Agent for any specified number of terms greater than one), until the termination of Notes and the IssuerSecurities are paid in full. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof Closing Date and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note an Insurer Default shall have occurred and be continuing,] continuing the Trust Collateral Agent Servicer agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, Servicer the Trust Collateral Agent Servicer shall not have received any Servicer Extension Notice from [the Note Insurer]Insurer (which extension notices the Insurer has agreed to deliver for so long as no other Servicer Termination Event has occurred), the Trust Collateral Agent Servicer will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer]Trust Collateral Agent and the Backup Servicer. Notwithstanding anything herein to the contrary, the Back-up Insurer shall be obligated to deliver Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and Extension Notices extending the Servicer's terms shall not be extended unless a term as Servicer Extension Notice is received on or before hereunder in the last day of such termmanner set forth in this Section 4.14 for so long as no Servicer Termination Event has occurred.

Appears in 1 contract

Samples: Sale and Servicing Agreement (AFS Funding Trust)

Retention and Termination of Servicer. The Servicer hereby ------------------------------------- covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ March 31, 1998, which term shall be extendible by [the Note Insurer] Controlling Party for successive quarterly terms ending on each successive June 30, September 30, 30 and December 31, and March 31 (or, pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral Agent, Agent for any specified number of terms greater than one), until the termination of Notes and the IssuerSecurities are paid in full. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof Closing Date and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note an Insurer Default shall have occurred and be continuing,] continuing the Trust Collateral Agent agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, Servicer the Trust Collateral Agent shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

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

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ September 30, 1999, which term shall be extendible by [the Note Insurer] Insurer for successive quarterly terms ending on each successive December 31, March 31, June 30, 30 and September 30, December 31, and March 31 (or, pursuant to revocable written standing instructions from time to time 18 to the Servicer and the Trust Collateral Agent, for any specified number of terms greater than one), until the termination of the Issuer. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, the Trust Collateral Agent shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Long Beach Holdings Corp)

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ December 31, 2003 which term shall be extendible by [the Note Insurer] Insurer for successive quarterly terms ending on each successive March 31, June 30, September 30, 30 and December 31, and March 31 (or, pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral Agent, for any specified number of terms greater than one), until the termination of the Issuer. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, the Trust Collateral Agent shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Demand Note Provider, the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term. Following a Note Insurer Default, this Section 4.13 shall no longer apply and the Servicer shall be deemed to be retained for the term of this Agreement, unless otherwise removed pursuant to Article 9.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Long Beach Acceptance Corp)

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the 41 Closing Date and ending on _______________ March 31, 2001, which term shall be extendible subject to extension by [the Note Insurer] Controlling Party for successive quarterly terms ending on each successive June 30, September 30, December 31, 31 and March 31 (or, pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral Agent, Agent for any specified number of terms greater than one), until the termination of Notes and the IssuerSecurities are paid in full. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof Closing Date and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note an Insurer Default shall have occurred and be continuing,] continuing the Trust Collateral Agent agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, Servicer the Trust Collateral Agent shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

Samples: Americredit Financial Services Inc

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, term commencing on the Closing Date and ending on _______________ March 31, 2002, which term shall be extendible by [the Note Insurer] Insurer for successive quarterly terms ending on each successive June 30, September 30, December 31, 31 and March 31 (or, at the discretion of the Note Insurer exercised pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral AgentTrustee, for any specified number of terms greater than one), until such time as the Notes have been paid in full, all amounts due to the Certificateholders have been paid and until the termination of the IssuerTrust. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent Trustee and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [If an Insurer Default has occurred and is continuing, the term of the Servicer's appointment hereunder shall be deemed to have been extended until such time, if any, as such Insurer Default has been cured unless such appointment is terminated sooner in accordance with the terms of this Agreement. Until such time as a Note an Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent Trustee agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, the Trust Collateral Agent Trustee shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent willTrustee shall, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

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

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ March 31, 2002, which term shall be extendible by [the Note Insurer] subject to extension for successive quarterly terms ending on each successive March 31, June 30, September 30, 30 and December 31, until the Notes and March 31 the Certificates are paid in full, if the Administrative Agent gives written notice of each such extension (ora "Servicer Extension Notice") to the Trust Collateral Agent and the Servicer. At any time that a Servicer Termination Event has occurred and is continuing, pursuant the Class A Majority, the Class B Majority and the Class C Majority, acting together, may vote to instruct the Administrative Agent not to deliver a Servicer Extension Notice with respect to the next succeeding calendar quarter. The Administrative Agent shall, on a date no earlier than the 15th Business Day preceding the end of the related calendar quarter and no later than the 10th Business Day preceding the end of such calendar quarter, deliver a Servicer Extension Notice to the Trust Collateral Agent and the Servicer with respect to the next calendar quarter, unless, prior to such date, the Class A Majority, the Class B Majority and the Class C Majority, acting together, have voted to instruct the Administrative Agent not to deliver a Servicer Extension Notice with respect to such calendar quarter. The Administrative Agent may give standing written, revocable written standing instructions from time to time to the Servicer and the Trust Collateral Agent, with a copy in writing to each Noteholder, for any specified number of quarterly terms greater than one)1. If the Class A Majority, until the termination Class B Majority and the Class C Majority, acting together, instruct the Administrative Agent in writing to revoke any standing instructions, the Administrative Agent shall do so. The Servicer hereby agrees that, as of the Issuer. Each date hereof and upon its receipt of any such notice Servicer Extension Notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] to the Trust Collateral Agent effect and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Noticehave not been revoked), the Servicer shall become bound, for the initial term beginning on the date hereof Closing Date and for the duration of the term covered by such Servicer Extension Noticenotice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as The Administrative Agent will notify the Backup Servicer no later than the 10th Business Day preceding the end of a Note Insurer Default shall have occurred and be continuing,] the Trust Collateral Agent agrees that calendar quarter if as of the fifteenth day prior to the last day of any term of the Servicer, the Trust Collateral Agent shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before not being delivered to the last day of such termTrust Collateral Agent and the Servicer with respect to the succeeding calendar quarter.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Americredit Corp)

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ March 31, 2001, which term shall be extendible by [the Note Insurer] Insurer (provided no Insurer Default has occurred and is continuing) for successive quarterly terms ending on each successive June 30, September 30, December 31, 31 and March 31 (or, pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral Agent, Indenture Trustee for any specified specific number of terms greater than one), until the termination of the IssuerNotes are paid in full. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent Indenture Trustee and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof Closing Date and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note an Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent Indenture Trustee agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, the Trust Collateral Agent Indenture Trustee shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent willIndenture Trustee shall, within five (5) days thereafterafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms term shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term. Notwithstanding the foregoing, in the event an Insurer Default has occurred and is continuing, the Servicer Extension Notice shall be deemed to have been delivered as of the last day of the current term of the Servicer and extended until the next quarterly period.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Ml Asset Backed Corp)

Retention and Termination of Servicer. The Servicer hereby ------------------------------------- covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ September 30, 2000, which term shall be extendible by [the Note Insurer] Insurer (provided no Insurer Default has occurred and is continuing) for successive quarterly terms ending on each successive June 30, September 30, December 31, March 31, June 30 and March 31 September 30 (or, pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral Agent, Indenture Trustee for any specified specific number of terms greater than one), until the termination of the IssuerNotes are paid in full. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent Indenture Trustee and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof Closing Date and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note an Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent Indenture Trustee agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, the Trust Collateral Agent Indenture Trustee shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent willIndenture Trustee shall, within five (5) days thereafterafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms term shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term. Notwithstanding the foregoing, in the event an Insurer Default has occurred and is continuing, the Servicer Extension Notice shall be deemed to have been delivered as of the last day of the current term of the Servicer and extended until the next quarterly period.

Appears in 1 contract

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

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ December 31, 1996, which term shall be extendible by [the Note Insurer] Controlling Party for successive quarterly terms ending on each successive June 30, September 30, December March 31, June 30 and March 31 September 30 (or, pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral Agent, Agent for any specified number of terms greater than one), until the termination of Notes and the IssuerSecurities are paid in full. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof Closing Date and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note an Insurer Default shall have occurred and be continuing,] continuing the Trust Collateral Agent agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, Servicer the Trust Collateral Agent shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

Samples: Sale and Servicing (Americredit Financial Services Inc)

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ March 31, 2002, which term shall be extendible by [the Note Insurer] subject to extension for successive quarterly terms ending on each successive March 31, June 30, September 30, 30 and December 31, until the Notes and March 31 the Certificates are paid in full, if the Administrative Agent gives written notice of each such extension (ora “Servicer Extension Notice”) to the Trust Collateral Agent and the Servicer. At any time that a Servicer Termination Event has occurred and is continuing, pursuant the Class A Majority, the Class B Majority and the Class C Majority, acting together, may vote to instruct the Administrative Agent not to deliver a Servicer Extension Notice with respect to the next succeeding calendar quarter. The Administrative Agent shall, on a date no earlier than the 15th Business Day preceding the end of the related calendar quarter and no later than the 10th Business Day preceding the end of such calendar quarter, deliver a Servicer Extension Notice to the Trust Collateral Agent and the Servicer with respect to the next calendar quarter, unless, prior to such date, the Class A Majority, the Class B Majority and the Class C Majority, acting together, have voted to instruct the Administrative Agent not to deliver a Servicer Extension Notice with respect to such calendar quarter. The Administrative Agent may give standing written, revocable written standing instructions from time to time to the Servicer and the Trust Collateral Agent, with a copy in writing to each Noteholder, for any specified number of quarterly terms greater than one)1. If the Class A Majority, until the termination Class B Majority and the Class C Majority, acting together, instruct the Administrative Agent in writing to revoke any standing instructions, the Administrative Agent shall do so. The Servicer hereby agrees that, as of the Issuer. Each date hereof and upon its receipt of any such notice Servicer Extension Notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] to the Trust Collateral Agent effect and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Noticehave not been revoked), the Servicer shall become bound, for the initial term beginning on the date hereof Closing Date and for the duration of the term covered by such Servicer Extension Noticenotice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as The Administrative Agent will notify the Backup Servicer no later than the 10th Business Day preceding the end of a Note Insurer Default shall have occurred and be continuing,] the Trust Collateral Agent agrees that calendar quarter if as of the fifteenth day prior to the last day of any term of the Servicer, the Trust Collateral Agent shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before not being delivered to the last day of such termTrust Collateral Agent and the Servicer with respect to the succeeding calendar quarter.

Appears in 1 contract

Samples: Sale and Servicing (Americredit Corp)

Retention and Termination of Servicer. The Servicer hereby ------------------------------------- covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ September 30, 1998, which term shall be extendible by [the Note Insurer] Controlling Party for successive quarterly terms ending on each successive June 30, September 30, December 31, and March 31 and June 30 (or, pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral Agent, Agent for any specified number of terms greater than one), until the termination of Notes and the IssuerSecurities are paid in full. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof Closing Date and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note an Insurer Default shall have occurred and be continuing,] continuing the Trust Collateral Agent agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, Servicer the Trust Collateral Agent shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

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

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ September 30, 2005 which term shall be extendible by [the Note Insurer] Insurer for successive quarterly terms ending on each successive June 30, September 30, December 31, March 31, June 30 and March 31 September 30 (or, pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral Agent, for any specified number of terms greater than one), until the termination of the Issuer. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, the Trust Collateral Agent shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Demand Note Provider, the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term. Following a Note Insurer Default, this Section 4.13 shall no longer apply and the Servicer shall be deemed to be retained for the term of this Agreement, unless otherwise removed pursuant to Article 9.

Appears in 1 contract

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

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on ________, _______ , which term shall be extendible by [the Note Insurer] for Certificate Insurer]for successive quarterly terms ending on each successive June 30, September 30, December 31, 31 and March 31 (or, pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral AgentTrustee, for any specified number of terms greater than one), until the termination of the IssuerTrust. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Certificate Insurer] to the Trust Collateral Agent Trustee and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note an Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent Trustee agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, the Trust Collateral Agent Trustee shall not have received any Servicer Extension Notice from [the Note Certificate Insurer], the Trust Collateral Agent Trustee will, within five days thereafter, give written notice of such non-receipt [to the Note Certificate Insurer], the Back-up Servicer (or any alternate successor servicer appointed by [the Note Insurer Certificate Insurer] pursuant to Section 8.57.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.]

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Long Beach Acceptance Corp)

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ December 31, 2005 which term shall be extendible by [the Note Insurer] Insurer for successive quarterly terms ending on each successive March 31, June 30, September 30, 30 and December 31, and March 31 (or, pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral Agent, for any specified number of terms greater than one), until the termination of the Issuer. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, the Trust Collateral Agent shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term. Following a Note Insurer Default, this Section 4.13 shall no longer apply and the Servicer shall be deemed to be retained for the term of this Agreement, unless otherwise removed pursuant to Article 9.

Appears in 1 contract

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

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ December 31, 2004, which term shall be extendible subject to extension by [the Note Insurer] Controlling Party for successive quarterly terms ending on each successive June 30, September 30, December 31, 31 and March 31 (or, pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral Agent, Agent for any specified number of terms greater than one), until the termination of Notes and the IssuerSecurities are paid in full. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof Closing Date and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note an Insurer Default shall have occurred and be continuing,] continuing the Trust Collateral Agent Servicer agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, Servicer the Trust Collateral Agent Servicer shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent Servicer will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) Trust Collateral Agent and the Servicer and the Backup Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

Samples: Sale and Servicing Agreement (AmeriCredit Automobile Receivables Trust 2004-D-F)

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ December 31, 2001, which term shall be extendible subject to extension by [the Note Insurer] Controlling Party for successive quarterly terms ending on each successive March 31, June 30, September 30, 30 and December 31, and March 31 (or, pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral Agent, Agent for any specified number of terms greater than one), until the termination of Notes and the IssuerSecurities are paid in full. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension NoticeSERVICER EXTENSION NOTICE") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof Closing Date and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note an Insurer Default shall have occurred and be continuing,] continuing the Trust Collateral Agent agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, Servicer the Trust Collateral Agent shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

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

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, term commencing on the Closing Date and ending on _______________ December 31, 1997, which term shall be extendible automatically extended by [the Note Insurer] Insurer for successive quarterly terms ending on of ninety (90) days each successive June 30as specified in a writing delivered by the Note Insurer prior to the expiration of each current term to the Servicer and the Trustee which provides that the Servicer will be automatically extended for a succeeding ninety (90) day term unless an Event of Default shall have occurred and be continuing, September 30, December 31, and March 31 in which case the Note Insurer may extend the Servicer in its sole discretion (or, at the discretion of the Note Insurer exercised pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral AgentTrustee, for any specified number of terms greater than one), until such time as the termination Notes have been paid in full, all amounts due to the Certificateholders have been paid and until the Termination of the IssuerTrust. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms ninety (90) day intervals for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent Trustee and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note If an Insurer Default shall have has occurred and be is continuing,] , the Trust Collateral Agent agrees that if as of the fifteenth day prior to the last day of any term of the Servicer's appointment hereunder shall be deemed to have been extended until such time, if any, as such Insurer Default has been cured unless such appointment is terminated sooner in accordance with the Trust Collateral Agent shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent will, within five days thereafter, give written notice terms of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such termthis Agreement).

Appears in 1 contract

Samples: Servicing Agreement (Consumer Portfolio Services Inc)

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ March 31, 2001 which term shall be extendible by [the Note Insurer] Insurer for successive quarterly terms ending on each successive June 30, September 30, December 31, and March 31 (or, pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral Agent, for any specified number of terms greater than one), until the termination of the Issuer. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, the Trust Collateral Agent shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Long Beach Holdings Corp)

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ June 30, 1999, which term shall be extendible by [the Note Insurer] Insurer (provided that no Insurer Default has occurred and is continuing) for successive quarterly terms ending on each successive June 30, September 30, December 31, 31 and March 31 (or, pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral Agent, Indenture Trustee for any specified specific number of terms greater than one), until the termination of the IssuerNotes are paid in full. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Servicing Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent Indenture Trustee and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof Closing Date and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note an Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent Indenture Trustee agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, Servicer the Trust Collateral Agent Indenture Trustee shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent Indenture Trustee will, within five days thereafterafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms term shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term. Notwithstanding the foregoing, in the event an Insurer Default has occurred and is continuing, the Servicer Extension Notice shall be deemed to have been delivered as of last day of the current term of the Servicer and extended until the next quarterly period.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Asset Backed Securities Corp)

Retention and Termination of Servicer. The Servicer hereby ------------------------------------- covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ June 30, 1999, which term shall be extendible subject to extension by [the Note Insurer] Controlling Party for successive quarterly terms ending on each successive June 30, September 30, December 31, and March 31 and June 30 (or, pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral Agent, Agent for any specified number of terms greater than one), until the termination of Notes and the IssuerSecurities are paid in full. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof Closing Date and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note an Insurer Default shall have occurred and be continuing,] continuing the Trust Collateral Agent agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, Servicer the Trust Collateral Agent shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

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

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ December 31, 2000, which term shall be extendible subject to extension by [the Note Insurer] Controlling Party for successive quarterly terms ending on each successive March 31, June 30, September 30, 30 and December 31, and March 31 (or, pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral Agent, Agent for any specified number of terms greater than one), until the termination of Notes and the IssuerSecurities are paid in full. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof Closing Date and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note an Insurer Default shall have occurred and be continuing,] continuing the Trust Collateral Agent agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, Servicer the Trust Collateral Agent shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

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

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, term commencing on the Closing Date and ending on _______________ March 31, 1998, which term shall be extendible by [the Note Insurer] Certificate Insurer for successive quarterly terms ending on each successive March 31, June 30, September 30, 30 and December 31, and March 31 (or, at the discretion of the Certificate Insurer exercised pursuant to revocable written standing instructions from time to time to the Servicer Servicer, the Depositor and the Trust Collateral AgentTrustee, for any specified number of terms greater than one), until such time as all amounts due to the Certificateholders have been paid and until the termination of the IssuerTrust. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Certificate Insurer to the Trust Collateral Agent Trustee, the Depositor and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [At such time as the Class A Certificates have been paid in full and all outstanding Reimbursement Obligations and other amounts owed to the Certificate Insurer have been paid in full or an Insurer Default has occurred and is continuing, the term of the Servicer's appointment hereunder shall be deemed to have been extended until the termination of the Trust or, in the case of an Insurer Default, until such time, if any, as such Insurer Default has been cured unless such appointment is terminated sooner in accordance with the terms of this Agreement. Until such time as a Note an Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent Trustee agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, the Trust Collateral Agent Trustee shall not have received any Servicer Extension Notice from [the Note Certificate Insurer], the Trust Collateral Agent willTrustee shall, within five days thereafter, give written notice of such non-receipt [to the Note Certificate Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Financial Asset Securities Corp)

Retention and Termination of Servicer. The Servicer hereby ------------------------------------- covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ June 30, 2001, which term shall be extendible by [the Note Insurer] Insurer for successive quarterly terms ending on each successive June 30, September 30, December 31, and March 31 (orand June 30, pursuant to revocable written standing instructions until the Notes are paid in full; provided, however, that upon the occurrence of an Insurance -------- ------- Agreement Event of Default or a Servicer Termination Event, such term shall only be extendible by the Insurer for successive monthly terms ending on the last day of such successive calendar month. Each such extension notice which may be executed by the Insurer from time to time to the Servicer and the Trust Collateral Agent, for any specified number of terms greater than one), until the termination of the Issuer. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall ------------------------- be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent Trustee and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof Closing Date and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note Insurer Default shall have occurred and be continuing,] the Trust Collateral Agent The Trustee agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, Servicer the Trust Collateral Agent Trustee shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent Trustee will, within five days thereafter, give written notice of such non-non- receipt [to the Note Insurer], the Back-up Servicer and the Successor Servicer (or any alternate successor servicer to the Servicer appointed by the Note Insurer pursuant to Section 8.510.4(f)) and the Servicer and the Servicer's terms term shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

Samples: Sale and Servicing Agreement (TFC Enterprises Inc)

Retention and Termination of Servicer. The Servicer hereby ------------------------------------- covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ March 31, 1999, which term shall be extendible subject to extension by [the Note Insurer] Controlling Party for successive quarterly terms ending on each successive June 30, September 30, December 31, 31 and March 31 (or, pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral Agent, Agent for any specified number of terms greater than one), until the termination of Notes and the IssuerSecurities are paid in full. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof Closing Date and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note an Insurer Default shall have occurred and be continuing,] continuing the Trust Collateral Agent agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, Servicer the Trust Collateral Agent shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

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

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Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ September 30, 2009, which term shall be extendible by [the Note Insurer] subject to extension for successive quarterly terms ending on each successive March 31, June 30, September 30, 30 and December 31, until the Notes and March 31 the Certificates are paid in full, if the Administrative Agent gives written notice of each such extension (ora “Servicer Extension Notice”) to the Trust Collateral Agent and the Servicer. At any time that a Servicer Termination Event has occurred and is continuing, pursuant the Class A Majority, the Class B Majority and the Class C Majority, acting together, may vote to instruct the Administrative Agent not to deliver a Servicer Extension Notice with respect to the next succeeding calendar quarter. The Administrative Agent shall, on a date no earlier than the 15th Business Day preceding the end of the related calendar quarter and no later than the 10th Business Day preceding the end of such calendar quarter, deliver a Servicer Extension Notice to the Trust Collateral Agent and the Servicer with respect to the next calendar quarter, unless, prior to such date, the Class A Majority, the Class B Majority and the Class C Majority, acting together, have voted to instruct the Administrative Agent not to deliver a Servicer Extension Notice with respect to such calendar quarter. The Administrative Agent may give standing written, revocable written standing instructions from time to time to the Servicer and the Trust Collateral Agent, with a copy in writing to each Noteholder, for any specified number of quarterly terms greater than one)1. If the Class A Majority, until the termination Class B Majority and the Class C Majority, acting together, instruct the Administrative Agent in writing to revoke any standing instructions, the Administrative Agent shall do so. The Servicer hereby agrees that, as of the Issuer. Each Closing Date and upon its receipt of any such notice Servicer Extension Notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] to the Trust Collateral Agent effect and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Noticehave not been revoked), the Servicer shall become bound, for the initial term beginning on the date hereof Closing Date and for the duration of the term covered by such Servicer Extension Noticenotice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as The Administrative Agent will notify the Backup Servicer no later than the 10th Business Day preceding the end of a Note Insurer Default shall have occurred and be continuing,] the Trust Collateral Agent agrees that calendar quarter if as of the fifteenth day prior to the last day of any term of the Servicer, the Trust Collateral Agent shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before not being delivered to the last day of such termTrust Collateral Agent and the Servicer with respect to the succeeding calendar quarter.

Appears in 1 contract

Samples: Sale and Servicing (Americredit Corp)

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ September 30, 2004 which term shall be extendible by [the Note Insurer] Insurer for successive quarterly terms ending on each successive June 30, September 30, December 31, March 31, June 30 and March 31 September 30 (or, pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral Agent, for any specified number of terms greater than one), until the termination of the Issuer. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, the Trust Collateral Agent shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Demand Note Provider, the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term. Following a Note Insurer Default, this Section 4.13 shall no longer apply and the Servicer shall be deemed to be retained for the term of this Agreement, unless otherwise removed pursuant to Article 9.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Long Beach Acceptance Corp. Auto Receivables Trust 2004-B)

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, term commencing on the Closing Date and ending on _______________ March 31, 2007, which term shall may be extendible extended by [the Note Insurer] Insurer for successive quarterly terms ending on each successive June 30, September 30, 30 and December 31, and March 31 (or, at the discretion of the Note Insurer exercised pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral AgentTrustee, for any specified number of terms greater than one), until such time as the Notes have been paid in full, all amounts due to the Residual Certificateholders and the Note Insurer have been paid and until the termination of the IssuerTrust. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent Trustee and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [If an Insurer Default has occurred and is continuing, the term of the Servicer's appointment hereunder shall be deemed to have been extended until such time, if any, as such Insurer Default has been cured unless such appointment is terminated sooner in accordance with the terms of this Agreement. Until such time as a Note an Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent Trustee agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, the Trust Collateral Agent Trustee shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent willTrustee shall, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

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

Retention and Termination of Servicer. The servicing, administering and collection of the Receivables shall be conducted by the Person (the "SERVICER") so designated from time to time in accordance with this Section 6.01. Subject to early termination due to the occurrence of a Servicer hereby covenants and agrees to act Termination Event or as such under otherwise provided below in this Agreement SECTION 6.01, BusLease shall serve as Servicer for an initial term, term commencing on the Closing Date date hereof and ending expiring on _______________ June 30, 2000, which term term, unless terminated, shall be extendible by [the Note Insurer] Controlling Party for successive quarterly terms ending thereafter of one calendar quarter each (in each case on each successive the next succeeding day that is March 31, June 30, September 30, 30 or December 31, and March 31 of such year) as specified in a writing (or, pursuant each a "SERVICER EXTENSION NOTICE") delivered by the Controlling Party not later than the twentieth (20th) day prior to revocable written standing instructions from time to time the expiration of each current term to the Servicer and the Trust Collateral Administrative Agent, for any specified number of terms greater than one), until the termination of the Issuer. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] to the Trust Collateral Agent and the Servicerthis Agreement. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof and for the duration of the term covered by such Servicer Extension Noticenotice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note Insurer Default shall have occurred and be continuing,] the Trust Collateral The Administrative Agent agrees that if if, as of the fifteenth (15th) day prior to the last day of any term of the Servicer, the Trust Collateral Administrative Agent shall not have received any Servicer Extension Notice from [the Note Insurer]Controlling Party, the Trust Collateral Agent willAdministrative Agent, shall, within five (5) days thereafter, give written notice of such non-receipt [to the Note Insurer], Controlling Party (if not the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5Administrative Agent) and the Servicer. Any designation of a successor Servicer under this Agreement shall become effective upon such successor Servicer's agreement to perform the duties and obligations of the Servicer pursuant to the terms hereof. and BusLease shall continue to perform the obligations of the Servicer hereunder and be paid the Servicing Fee until such successor Servicer shall have assumed the responsibilities and obligations of the Servicer's . The Servicer may, with the prior consent of Controlling Party, subcontract with any other Person for the servicing, administering or collecting the Purchased Receivables; PROVIDED that the Servicer shall remain liable for the performance of the duties and obligations of the Servicer pursuant to the terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such termhereof.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Motor Coach Industries International Inc)

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ March 31, 1998, which term shall be extendible by [the Note Insurer] Security Insurer for successive quarterly terms ending on each successive June 30, September 30, December 31, 31 and March 31 (or, pursuant to revocable written standing instructions from time to time to the Servicer Servicer, the Indenture Trustee and the Trust Collateral AgentOwner Trustee, for any specified number of terms greater than one), until the termination of the IssuerTrust. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Security Insurer to the Trust Collateral Agent Owner Trustee, the Indenture Trustee and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof Closing Date and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note an Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent Indenture Trustee agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, Servicer the Trust Collateral Agent Indenture Trustee shall not have received any Servicer Extension Notice from [the Note Security Insurer], the Trust Collateral Agent Indenture Trustee will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer]Owner Trustee, the Back-up Servicer (or any alternate successor servicer appointed by the Note Security Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Arcadia Receivables Finance Corp)

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ December 31, 2003, which term shall be extendible subject to extension by [the Note Insurer] Controlling Party for successive quarterly terms ending on each successive March 31, June 30, September 30, 30 and December 31, and March 31 (or, pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral Agent, Agent for any specified number of terms greater than one), until the termination of Notes and the IssuerSecurities are paid in full. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof Closing Date and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note an Insurer Default shall have occurred and be continuing,] continuing the Trust Collateral Agent agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, Servicer the Trust Collateral Agent shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

Samples: Sale and Servicing (Americredit Automobile Receivables Trust 2003-C-F)

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such Servicer under this Agreement for an initial term, term commencing on the Closing Date and ending on _______________ March 18, 1997, which term shall be extendible by [the Note Insurer] Security Insurer (or (a) the Indenture Trustee for as long as the Notes are outstanding, if there is an existing Security Insurer Default or if both Policies are no longer in effect or (b) the Owner Trustee for as long as the Certificates are outstanding, if (i) there is an existing Security Insurer Default or if both Policies are no longer in effect and (ii) the Notes are no longer outstanding) for successive quarterly terms ending on each successive December 18, March 18, June 30, 18 and September 30, December 31, and March 31 18 (or, or pursuant to revocable written standing instructions delivered from time to time to the Servicer Servicer, the Indenture Trustee and the Trust Collateral AgentOwner Trustee, for any specified number of terms greater than oneterms), until the termination of the Issuer. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Security Insurer] , the Indenture Trustee or the Owner Trustee, as applicable, to the Trust Collateral Agent and the Servicerother parties to this Agreement. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof and be bound for the duration of the initial term or the term covered by such Servicer Extension Notice, Notice to continue act as the Servicer Servicer, subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note Security Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent Servicer agrees that if as of the fifteenth last day prior to of the calendar month preceding the last day of any such servicing term of the Servicer, the Trust Collateral Agent Servicer shall not have received any a Servicer Extension Notice from [the Note Security Insurer], the Trust Collateral Agent willServicer shall, within five days thereafter, give written notice of such non-receipt [to the Note Insurer]Indenture Trustee, the Back-up Servicer (or any alternate successor servicer appointed by Owner Trustee, the Note Security Insurer pursuant to Section 8.5) and the Servicer and the Backup Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

Samples: Sale and Servicing Agreement (First Merchants Acceptance Corp)

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ December 31, 2006 which term shall be extendible by [the Note Insurer] Insurer for successive quarterly terms ending on each successive March 31, June 30, September 30, 30 and December 31, and March 31 (or, pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral Agent, for any specified number of terms greater than one), until the termination of the Issuer. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, the Trust Collateral Agent shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Demand Note Provider, the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term. Following a Note Insurer Default, this Section 4.13 shall no longer apply and the Servicer shall be deemed to be retained for the term of this Agreement, unless otherwise removed pursuant to Article 9.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Long Beach Acceptance Receivables Corp.)

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ March 31, 2004, which term shall be extendible subject to extension by [the Note Insurer] Controlling Party for successive quarterly terms ending on each successive June 30, September 30, December 31, 31 and March 31 (or, pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral Agent, Agent for any specified number of terms greater than one), until the termination of Notes and the IssuerSecurities are paid in full. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof Closing Date and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note an Insurer Default shall have occurred and be continuing,] continuing the Trust Collateral Agent agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, Servicer the Trust Collateral Agent shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Americredit Automobile Receivables Trust 2004-a-F)

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, term commencing on the Closing Date and ending on _______________ March 31, 1999, which term shall be extendible by [the Note Insurer] Insurer for successive quarterly terms ending on each successive March 31, June 30, September 30, 30 and December 31, and March 31 (or, at the discretion of the Note Insurer exercised pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral AgentTrustee, for any specified number of terms greater than one), until such time as the Notes have been paid in full, all amounts due to the Certificateholders have been paid and until the termination of the IssuerTrust. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent Trustee and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [If an Insurer Default has occurred and is continuing, the term of the Servicer's appointment hereunder shall be deemed to have been extended until such time, if any, as such Insurer Default has been cured unless such appointment is terminated sooner in accordance with the terms of this Agreement). Until such time as a Note an Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent Trustee agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, the Trust Collateral Agent Trustee shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent willTrustee shall, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

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

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ March 31, 1997, which term shall be extendible by [the Note Insurer] Controlling Party for successive quarterly terms ending on each successive June 30, September 30, 30 and December 31, and March 31 (or, pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral Agent, Agent for any specified number of terms greater than one), until the termination of Notes and the IssuerSecurities are paid in full. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof Closing Date and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note an Insurer Default shall have occurred and be continuing,] continuing the Trust Collateral Agent agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, Servicer the Trust Collateral Agent shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

Samples: Sale and Servicing (Americredit Financial Services Inc)

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on [_______][_], 200[_______ ], which term shall be extendible by [the Note Insurer] Certificate Insurer for successive quarterly terms ending on each successive June 30, September 30, December 31, and March 31 and June 30 (or, pursuant to revocable written standing instructions from time to time to the Servicer Servicer, the Trustee and the Trust Collateral Agent, Backup Servicer for any specified number of terms greater than one), until the termination of the IssuerTrust. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Certificate Insurer to the Trust Collateral Agent Trustee, the Servicer and the Backup Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note an Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent Trustee agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, Servicer the Trust Collateral Agent Trustee shall not have received any Servicer Extension Notice from [the Note Certificate Insurer], the Trust Collateral Agent Trustee will, within five days thereafter, give written notice of such non-receipt [to the Note Certificate Insurer], the Back-up Backup Servicer (or any alternate successor servicer appointed by the Note Certificate Insurer pursuant to Section 8.510.3(b)) and the Servicer and the Servicer's terms term shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC)

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ December 31, 2002 which term shall be extendible by [the Note Insurer] Insurer for successive quarterly terms ending on each successive March 31, June 30, September 30, 30 and December 31, and March 31 (or, pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral Agent, for any specified number of terms greater than one), until the termination of the Issuer. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, the Trust Collateral Agent shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Long Beach Acceptance Corp)

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the 42 Closing Date and ending on _______________ December 31, 2001, which term shall be extendible subject to extension by [the Note Insurer] Controlling Party for successive quarterly terms ending on each successive March 31, June 30, September 30, 30 and December 31, and March 31 (or, pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral Agent, Agent for any specified number of terms greater than one), until the termination of Notes and the IssuerSecurities are paid in full. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension NoticeSERVICER EXTENSION NOTICE") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof Closing Date and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note an Insurer Default shall have occurred and be continuing,] continuing the Trust Collateral Agent agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, Servicer the Trust Collateral Agent shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

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

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, monthly terms commencing on the Class A Closing Date Date, with the most recent of such terms commencing as of the date hereof and ending on _______________ January 31, 2007, which term shall may be extendible extended by [the Controlling Note Insurer] Purchaser for successive quarterly monthly terms ending on each successive June 30, September 30, December 31, pursuant to written instructions delivered by the Controlling Note Purchaser to the Servicer and March 31 the Trustee (or, at the discretion of the Controlling Note Purchaser exercised pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral AgentTrustee, for any specified number of terms greater than one), until such time as the termination of Notes, all other Secured Obligations and any and all other amounts due and payable to the Issuer. Each Note Purchasers and the Noteholders pursuant to the Basic Documents have been paid in full (each such notice (notice, including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (, a "Servicer Extension NoticeSERVICER EXTENSION NOTICE") shall be delivered by [the Note Insurer] to the Trust Collateral Agent and the Servicer). The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension NoticeNotice or other extension of its term as Servicer, the Servicer shall become bound, for the initial term beginning on the date hereof and for the duration of the term covered by such Servicer Extension NoticeNotice or for the monthly term, as applicable, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note Insurer Default shall have occurred and be continuing,] the Trust Collateral Agent The Trustee agrees that if as of the fifteenth day prior to Business Day succeeding the last day of Settlement Date occurring during any term of the Servicer, the Trust Collateral Agent Trustee shall not have received any Servicer Extension Notice from [the Note Insurer]as of such date, the Trust Collateral Agent willTrustee shall, within five days thereafter, give written notice of such non-receipt [to the each Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) Purchaser and the Servicer and the Servicer's terms term shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term. The Controlling Note Purchaser shall have no liability to the other Note Purchasers or the Noteholders arising out of or relating to any renewal or non-renewal of the term of the Servicer pursuant to this Section 4.15.

Appears in 1 contract

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

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ September 30, 2006 which term shall be extendible by [the Note Insurer] Insurer for successive quarterly terms ending on each successive December 31, March 31, June 30, 30 and September 30, December 31, and March 31 (or, pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral Agent, for any specified number of terms greater than one), until the termination of the Issuer. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, the Trust Collateral Agent shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term. Following a Note Insurer Default, this Section 4.13 shall no longer apply and the Servicer shall be deemed to be retained for the term of this Agreement, unless otherwise removed pursuant to Article 9.

Appears in 1 contract

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

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ September 30, 2003 which term shall be extendible by [the Note Insurer] Insurer for successive quarterly terms ending on each successive June 30, September 30, December 31, March 31, June 30 and March 31 September 30 (or, pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral Agent, for any specified number of terms greater than one), until the termination of the Issuer. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, the Trust Collateral Agent shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Long Beach Acceptance Corp)

Retention and Termination of Servicer. The Servicer hereby ------------------------------------- covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ September 30, 2000, which term shall be extendible subject to extension by [the Note Insurer] Controlling Party for successive quarterly terms ending on each successive June 30, September 30, December 31, and March 31 and June 30 (or, pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral Agent, Agent for any specified number of terms greater than one), until the termination of Notes and the IssuerSecurities are paid in full. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof Closing Date and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note an Insurer Default shall have occurred and be continuing,] continuing the Trust Collateral Agent agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, Servicer the Trust Collateral Agent shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

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

Retention and Termination of Servicer. The Servicer hereby ------------------------------------- covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ March 31, 2000, which term shall be extendible by [the Note Insurer] Insurer (provided no Insurer Default has occurred and is continuing) for successive quarterly terms ending on each successive June 30, September 30, December 31, 31 and March 31 (or, pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral Agent, Indenture Trustee for any specified specific number of terms greater than one), until the termination of the IssuerNotes are paid in full. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent Indenture Trustee and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof Closing Date and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note an Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent Indenture Trustee agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, the Trust Collateral Agent Indenture Trustee shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent willIndenture Trustee shall, within five (5) days thereafterafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms term shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term. Notwithstanding the foregoing, in the event an Insurer Default has occurred and is continuing, the Servicer Extension Notice shall be deemed to have been delivered as of the last day of the current term of the Servicer and extended until the next quarterly period.

Appears in 1 contract

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

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ September 30, 1997, which term shall be extendible by [the Note Insurer] Controlling Party for successive quarterly terms ending on each successive June 30, September 30, December 31, March 31, June 30 and March 31 September 30 (or, pursuant to revocable written standing instructions from time to time to the Servicer Servicer, the Trustee and the Trust Collateral AgentIssuer, for any specified number of terms greater than one), until the termination of the IssuerNotes are paid in full. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Controlling Party to the Trust Collateral Agent Issuer, the Trustee and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof Closing Date and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note an Insurer Default shall have occurred and be continuing,] continuing the Trust Collateral Agent Trustee agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, Servicer the Trust Collateral Agent Trustee shall not have received any Servicer Extension Notice from [the Note Insurer]Controlling Party, the Trust Collateral Agent Trustee will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer]Issuer, the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer Controlling Party and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

Samples: Sale and Servicing Agreement (First Enterprise Financial Group Inc)

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ June 30, 2004 which term shall be extendible by [the Note Insurer] Insurer for successive quarterly terms ending on each successive June 30, September 30, December 31, March 31, and March 31 June 30 (or, pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral Agent, for any specified number of terms greater than one), until the termination of the Issuer. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, the Trust Collateral Agent shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term. Following a Note Insurer Default, this Section 4.13 shall no longer apply and the Servicer shall be deemed to be retained for the term of this Agreement, unless otherwise removed pursuant to Article 9.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Long Beach Acceptance Corp)

Retention and Termination of Servicer. The Servicer hereby ------------------------------------- covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ December 31, 1999, which term shall be extendible subject to extension by [the Note Insurer] Controlling Party for successive quarterly terms ending on each successive March 31, June 30, September 30, 30 and December 31, and March 31 (or, pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral Agent, Agent for any specified number of terms greater than one), until the termination of Notes and the IssuerSecurities are paid in full. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension 40 Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof Closing Date and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note an Insurer Default shall have occurred and be continuing,] continuing the Trust Collateral Agent agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, Servicer the Trust Collateral Agent shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

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

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ September 30, 2003, which term shall be extendible by [the Note Insurer] Insurer (provided that no Note Insurer Default has occurred and is continuing) for successive quarterly terms ending on each successive June 30, September 30, December 31, March 31, June 30 and March 31 September 30 (or, pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral Agent, Trustee for any specified 18 Servicing Agreement specific number of terms greater than one), until the termination of Notes have been paid in full, all amounts due and owing to the IssuerNote Insurer have been paid in full and the Policy has been returned to the Note Insurer in accordance with its terms. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent Servicer and the ServicerTrustee. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof Closing Date and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent Trustee agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, Servicer the Trust Collateral Agent Trustee shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent Trustee will, within five days thereafterafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms term shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term. Notwithstanding the foregoing, in the event a Note Insurer Default has occurred and is continuing, the Servicer Extension Notice shall be deemed to have been delivered as of last day of the current term of the Servicer and extended until the next quarterly period.

Appears in 1 contract

Samples: Servicing Agreement (Financial Pacific Co)

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, term commencing on the Closing Date and ending on _______________ [ ], which term shall be extendible by [the Note Insurer] Insurer for successive quarterly terms ending on each successive March 31, June 30, September 30, 30 and December 31, and March 31 (or, at the discretion of the Note Insurer exercised pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral AgentTrustee, for any specified number of terms greater than one), until such time as the termination Notes have been paid in full, all amounts due to the Certificateholders have been paid and until the Termination of the IssuerTrust. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent Trustee and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [If an Insurer Default has occurred and is continuing, the term of the Servicer's appointment hereunder shall be deemed to have been extended until such time, if any, as such Insurer Default has been cured unless such appointment is terminated sooner in accordance with the terms of this Agreement). Until such time as a Note an Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent Trustee agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, the Trust Collateral Agent Trustee shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent willTrustee shall, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

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

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on [_______][_], 200[_______ ], which term shall be extendible by [the Note Insurer] Certificate Insurer for successive quarterly terms ending on each successive June 30, September 30, December 31, and March 31 and June 30 (or, pursuant to revocable written standing instructions from time to time to the Servicer Servicer, the Trustee and the Trust Collateral Agent, Backup Servicer for any specified number of terms greater than one), until the termination of the IssuerTrust. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension NoticeSERVICER EXTENSION NOTICE") shall be delivered by [the Note Insurer] Certificate Insurer to the Trust Collateral Agent Trustee, the Servicer and the Backup Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note an Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent Trustee agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, Servicer the Trust Collateral Agent Trustee shall not have received any Servicer Extension Notice from [the Note Certificate Insurer], the Trust Collateral Agent Trustee will, within five days thereafter, give written notice of such non-receipt [to the Note Certificate Insurer], the Back-up Backup Servicer (or any alternate successor servicer appointed by the Note Certificate Insurer pursuant to Section 8.5SECTION 10.3(B)) and the Servicer and the Servicer's terms term shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Painewebber Asset Acceptance Corp)

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ October 31, 2005, which term shall be extendible subject to extension by [the Note Insurer] Controlling Party for successive quarterly terms ending on each successive June 30, September 30, December 31, 31 and March 31 (or, pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral Agent, Agent for any specified number of terms greater than one), until the termination of Notes and the IssuerSecurities are paid in full. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof Closing Date and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note an Insurer Default shall have occurred and be continuing,] continuing the Trust Collateral Agent Servicer agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, Servicer the Trust Collateral Agent Servicer shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent Servicer will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) Trust Collateral Agent and the Servicer and the Backup Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

Samples: Sale and Servicing (Americredit Automobile Receivables Trust 2005-C-F)

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such Servicer under this Agreement for an initial term, term commencing on the Closing Date and ending on _______________ June 30, 1997, which term shall be extendible by [the Note Insurer] Security Insurer (or the Indenture Trustee for as long as the Notes are outstanding, if there is an existing Security Insurer Default or if the Policy is no longer in effect) for successive quarterly terms ending on each successive June 30, September 30, December 31, and March 31 and June 30 (or, or pursuant to revocable written standing instructions delivered from time to time to the Servicer Servicer, the Indenture Trustee and the Trust Collateral AgentOwner Trustee, for any specified number of terms greater than oneterms), until the termination Notes are paid in full; provided, however, that on the date that the Notes are paid in full, the then current term of the IssuerServicer shall be automatically extended until the Certificates are paid in full. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Security Insurer] , the Indenture Trustee or the Owner Trustee, as applicable, to the Trust Collateral Agent and the Servicerother parties to this Agreement. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof and be bound for the duration of the initial term or the term covered by such Servicer Extension Notice, Notice to continue act as the Servicer Servicer, subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note Security Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent Servicer agrees that if as of the fifteenth last day prior to of the calendar month preceding the last day of any such servicing term of the Servicer, the Trust Collateral Agent Servicer shall not have received any a Servicer Extension Notice from [the Note Security Insurer], the Trust Collateral Agent willServicer shall, within five days thereafter, give written notice of such non-receipt [to the Note Insurer]Indenture Trustee, the Back-up Servicer (or any alternate successor servicer appointed by Owner Trustee, the Note Security Insurer pursuant to Section 8.5) and the Servicer and the Backup Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

Samples: Sale and Servicing Agreement (First Merchants Acceptance Corp)

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ March 31, 1996, which term shall be extendible by [the Note Insurer] Controlling Party for successive quarterly terms ending on each successive June 30, September 30, 30 and December 31, and March 31 (or, pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral Agent, Trustee for any specified number of terms greater than one), until the termination of the IssuerCertificates are paid in full. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Security Insurer to the Trust Collateral Agent Trustee and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof Closing Date and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note an Insurer Default shall have occurred and be continuing,] continuing the Trust Collateral Agent Trustee agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, Servicer the Trust Collateral Agent Trustee shall not have received any Servicer Extension Notice from [the Note Security Insurer], the Trust Collateral Agent Trustee will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Security Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Americredit Corp)

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ December 31, 1999, which term shall be extendible by [the Note Insurer] Security Insurer for successive quarterly terms ending on each successive March 31, June 30, September 30, 30 and December 31, and March 31 (or, pursuant to revocable written standing instructions from time to time to the Servicer Servicer, the Indenture Trustee and the Trust Collateral AgentOwner Trustee, for any specified number of terms greater than one), until the termination of the IssuerTrust. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Security Insurer to the Trust Collateral Agent Owner Trustee, the Indenture Trustee and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof Closing Date and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note an Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent Indenture Trustee agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, Servicer the Trust Collateral Agent Indenture Trustee shall not have received any Servicer Extension Notice from [the Note Security Insurer], the Trust Collateral Agent Indenture Trustee will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer]Owner Trustee, the Back-up Servicer (or any alternate successor servicer appointed by the Note Security Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Arcadia Receivables Finance Corp)

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ March 31, [ ], which term shall be extendible by [the Note Insurer] Insurer (provided that no Insurer Default has occurred and is continuing) for successive quarterly terms ending on each successive June 30, September 30, December 31, 31 and March 31 (or, pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral Agent, Indenture Trustee for any specified specific number of terms greater than one), until the termination of the IssuerNotes are paid in full. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Servicing Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent Indenture Trustee and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof Closing Date and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note an Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent Indenture Trustee agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, Servicer the Trust Collateral Agent Indenture Trustee shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent Indenture Trustee will, within five days thereafterafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms term shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term. Notwithstanding the foregoing, in the event an Insurer Default has occurred and is continuing, the Servicer Extension Notice shall be deemed to have been delivered as of last day of the current term of the Servicer and extended until the next quarterly period.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Triad Financial Corp)

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, term commencing on the Closing Date and ending on _______________ June 30, 2007, which term shall may be extendible extended by [the Note Insurer] Insurer for successive quarterly terms ending on each successive June 30, September 30, December 31, and March 31 and June 30 (or, at the discretion of the Note Insurer exercised pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral AgentTrustee, for any specified number of terms greater than one), until such time as the Notes have been paid in full, all amounts due to the Residual Certificateholders and the Note Insurer have been paid and until the termination of the IssuerTrust. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent Trustee and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [If an Insurer Default has occurred and is continuing, the term of the Servicer's appointment hereunder shall be deemed to have been extended until such time, if any, as such Insurer Default has been cured unless such appointment is terminated sooner in accordance with the terms of this Agreement. Until such time as a Note an Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent Trustee agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, the Trust Collateral Agent Trustee shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent willTrustee shall, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

Samples: Sale and Servicing (Consumer Portfolio Services Inc)

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, term commencing on the Closing Date and ending on _______________ September 30, 2007, which term shall may be extendible extended by [the Note Insurer] Insurer for successive quarterly terms ending on each successive June 30, September 30, December 31, March 31, June 30 and March 31 September 30 (or, at the discretion of the Note Insurer exercised pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral AgentTrustee, for any specified number of terms greater than one), until such time as the Notes have been paid in full, all amounts due to the Residual Certificateholders and the Note Insurer have been paid and until the termination of the IssuerTrust. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent Trustee and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [If an Insurer Default has occurred and is continuing, the term of the Servicer's appointment hereunder shall be deemed to have been extended until such time, if any, as such Insurer Default has been cured unless such appointment is terminated sooner in accordance with the terms of this Agreement. Until such time as a Note an Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent Trustee agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, the Trust Collateral Agent Trustee shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent willTrustee shall, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

Samples: Sale and Servicing (Consumer Portfolio Services Inc)

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ March 31, 1997 which term shall may be extendible extended by [the Note Insurer] Security Insurer for successive quarterly terms ending on each successive June 30, September 30, December 31, and March 31 31, (or, pursuant to revocable written standing instructions from time to time to the Servicer Servicer, the Indenture Trustee and the Trust Collateral Agent, for any specified number of terms greater than one), until the termination of the Issuerthis Agreement. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Security Insurer to the Trust Collateral Agent Agent, the Indenture Trustee and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof Closing Date and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note an Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent Indenture Trustee agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, Servicer the Trust Collateral Agent Indenture Trustee shall not have received any Servicer Extension Notice from [the Note Security Insurer], the Trust Collateral Agent Indenture Trustee will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer]Agent, the Back-up Servicer (or any alternate successor servicer appointed by the Note Security Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

Samples: Servicing Agreement (Olympic Financial LTD)

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ June 30, 1997, which term shall be extendible by [the Note Insurer] Controlling Party for successive quarterly terms ending on each successive June 30, September 30, December 31, 31 and March 31 (or, pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral Agent, Agent for any specified number of terms greater than one), until the termination of Notes and the IssuerSecurities are paid in full. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof Closing Date and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note an Insurer Default shall have occurred and be continuing,] continuing the Trust Collateral Agent agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, 50 Servicer the Trust Collateral Agent shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

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

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, term commencing on the Closing Date and ending on _______________ June 30, 2008, which term shall may be extendible extended by [the Note Insurer] Insurer for successive quarterly terms ending on each successive June 30, September 30, December 31, and March 31 and June 30 (or, at the discretion of the Note Insurer exercised pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral AgentTrustee, for any specified number of terms greater than one), until such time as the Notes have been paid in full, all amounts due to the Residual Certificateholders and the Note Insurer have been paid and until the termination of the IssuerTrust. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent Trustee and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [If an Insurer Default has occurred and is continuing, the term of the Servicer's appointment hereunder shall be deemed to have been extended until such time, if any, as such Insurer Default has been cured unless such appointment is terminated sooner in accordance with the terms of this Agreement. Until such time as a Note an Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent Trustee agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, the Trust Collateral Agent Trustee shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent willTrustee shall, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

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

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ June 30, 2001, which term shall be extendible subject to extension by [the Note Insurer] Controlling Party for successive quarterly terms ending on each successive June 30, September 30, December 31, and March 31 and June 30 (or, pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral Agent, Agent for any specified number of terms greater than one), until the termination of Notes and the IssuerSecurities are paid in full. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension NoticeSERVICER EXTENSION NOTICE") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof Closing Date and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note an Insurer Default shall have occurred and be continuing,] continuing the Trust Collateral Agent agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, Servicer the Trust Collateral Agent shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

Samples: Sale and Servicing (Americredit Financial Services Inc)

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial termterm of ninety (90) days, commencing on the Closing Date and ending on _______________ Date, which term shall be extendible automatically extended by the [the Note InsurerCredit Enhancer] for successive quarterly terms ending on of ninety (90) days each successive June 30as specified in a writing delivered by the [Credit Enhancer] prior to the expiration of each current term to the Servicer and the Trustee which provides that the Servicer will be automatically extended for a succeeding ninety (90) day term unless an Event of Default shall have occurred and be continuing, September 30, December 31, and March 31 in which case [the Credit Enhancer] may extend the Servicer in its sole discretion (or, at the discretion of [the Credit Enhancer] exercised pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral AgentTrustee, for any specified number of terms greater than one), until the termination of the IssuerTrust. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms ninety (90) day intervals for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note InsurerCredit Enhancer] to the Trust Collateral Agent Trustee and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until At such time as a Note Insurer Default shall the Class A Certificates have occurred been paid in full and be continuing,all outstanding Reimbursement Obligations and other amounts owed to [the Credit Enhancer] have been paid in full, the Trust Collateral Agent agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, 's appointment hereunder shall be deemed to have been extended until the termination of the Trust Collateral Agent shall not have received any Servicer Extension Notice from [(unless such appointment is terminated sooner in accordance with the Note Insurerterms of this Agreement).], the Trust Collateral Agent will, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

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

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, term commencing on the Closing Date and ending on _______________ December 31, 2007, which term shall may be extendible extended by [the Note Insurer] Insurer for successive quarterly terms ending on each successive March 31, June 30, September 30, 30 and December 31, and March 31 (or, at the discretion of the Note Insurer exercised pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral AgentTrustee, for any specified number of terms greater than one), until such time as the Notes have been paid in full, all amounts due to the Residual Certificateholders and the Note Insurer have been paid and until the termination of the IssuerTrust. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Insurer to the Trust Collateral Agent Trustee and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof and for the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [If an Insurer Default has occurred and is continuing, the term of the Servicer's appointment hereunder shall be deemed to have been extended until such time, if any, as such Insurer Default has been cured unless such appointment is terminated sooner in accordance with the terms of this Agreement. Until such time as a Note an Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent Trustee agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, the Trust Collateral Agent Trustee shall not have received any Servicer Extension Notice from [the Note Insurer], the Trust Collateral Agent willTrustee shall, within five days thereafter, give written notice of such non-receipt [to the Note Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Insurer pursuant to Section 8.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

Samples: Agreement (Consumer Portfolio Services Inc)

Retention and Termination of Servicer. The Servicer hereby covenants and agrees to act as such under this Agreement for an initial term, commencing on the Closing Date and ending on _______________ March 31, 1998, which term shall be extendible by [the Note Insurer] Certificate Insurer for successive quarterly terms ending on each successive June 30, September 30, December 31, 31 and March 31 (or, pursuant to revocable written standing instructions from time to time to the Servicer and the Trust Collateral AgentTrustee, for any specified number of terms greater than one), until the termination of the IssuerTrust. Each such notice (including each notice pursuant to standing instructions, which shall be deemed delivered at the end of successive quarterly terms for so long as such instructions are in effect) (a "Servicer Extension Notice") shall be delivered by [the Note Insurer] Certificate Insurer to the Trust Collateral Agent Trustee and the Servicer. The Servicer hereby agrees that, as of the date hereof and upon its receipt of any such Servicer Extension Notice, the Servicer shall become bound, for the initial term beginning on the date hereof and for for, the duration of the term covered by such Servicer Extension Notice, to continue as the Servicer subject to and in accordance with the other provisions of this Agreement. [Until such time as a Note an Insurer Default shall have occurred and be continuing,] , the Trust Collateral Agent Trustee agrees that if as of the fifteenth day prior to the last day of any term of the Servicer, the Trust Collateral Agent Trustee shall not have received any Servicer Extension Notice from [the Note Certificate Insurer], the Trust Collateral Agent Trustee will, within five days thereafter, give written notice of such non-receipt [to the Note Certificate Insurer], the Back-up Servicer (or any alternate successor servicer appointed by the Note Certificate Insurer pursuant to Section 8.57.5) and the Servicer and the Servicer's terms shall not be extended unless a Servicer Extension Notice is received on or before the last day of such term.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Long Beach Holdings Corp)

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