Common use of Servicer Not to Resign Clause in Contracts

Servicer Not to Resign. (a) Subject to the provisions of Section 7.03, the Servicer shall not resign from the obligations and duties imposed on it by this Agreement as Servicer except upon a determination that the performance of its duties under this Agreement shall no longer be permissible under applicable law.

Appears in 97 contracts

Samples: Sale and Servicing Agreement (Hyundai Auto Receivables Trust 2024-A), Sale and Servicing Agreement (Hyundai Auto Receivables Trust 2010-B), Sale and Servicing Agreement (Hyundai Auto Receivables Trust 2018-B)

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Servicer Not to Resign. (a) Subject to the provisions of Section 7.03, the The Servicer shall not resign from the its obligations and duties imposed on it by under this Agreement as Servicer except upon a determination that the performance of its duties under this Agreement shall no longer be permissible under applicable law, compliance with which could not be realized without material adverse impact on the Servicer's financial condition. No such resignation shall become effective until the Indenture Trustee or a successor Servicer shall have assumed the responsibilities and obligations of the Servicer in accordance with Section 8.03 hereof.

Appears in 16 contracts

Samples: Pooling and Servicing Agreement (CIT Equipment Collateral 2004-Ef1), Pooling and Servicing Agreement (Cit Ec Ef 2001-A), Pooling and Servicing Agreement (NCT Funding Co LLC)

Servicer Not to Resign. (a) Subject to the provisions of Section 7.03, the The Servicer shall not assign this Agreement or resign from the obligations and duties hereby imposed on it except by this Agreement as mutual consent of the Servicer except and the Owner or upon a the determination that the performance of its Servicer’s duties under this Agreement shall hereunder are no longer be permissible under applicable lawlaw and such incapacity cannot be cured by the Servicer. No such resignation of or assignment by the Servicer shall become effective until a successor has assumed the Servicer’s responsibilities and obligations hereunder in accordance with Subsection 14.02.

Appears in 10 contracts

Samples: Assignment, Assumption and Recognition Agreement (Sequoia Mortgage Trust 2013-6), Assignment, Assumption and Recognition Agreement (Sequoia Mortgage Trust 2012-1), Assignment, Assumption and Recognition Agreement (Sequoia Mortgage Trust 2012-1)

Servicer Not to Resign. (a) Subject to the provisions of Section 7.03, the The Servicer shall not resign from the its obligations and duties imposed on it by under this Agreement as Servicer except upon a determination that the performance of its duties under this Agreement shall no longer be permissible under applicable law, compliance with which could not be realized without material adverse impact on the Servicer’s financial condition. No such resignation shall become effective until the Indenture Trustee or a successor Servicer shall have assumed the responsibilities and obligations of the Servicer in accordance with Section 8.03 hereof.

Appears in 7 contracts

Samples: Pooling and Servicing Agreement (CIT Equipment Collateral 2006-Vt1), Pooling and Servicing Agreement (Cit Equipment Collateral 2006-Vt2), Pooling and Servicing Agreement (CIT Equipment Collateral 2008-Vt1)

Servicer Not to Resign. (a) Subject to the provisions of Section 7.038.02 hereof, the Servicer shall not resign from the obligations and duties hereby imposed on it by this Agreement as Servicer except upon a determination that the performance of its duties under this Agreement shall hereunder is no longer be permissible under applicable law. No such resignation shall become effective until a successor Servicer shall have assumed the responsibilities and obligations of the Servicer in accordance with Section 9.02 hereof.

Appears in 5 contracts

Samples: Master Facility Agreement (Advanta Business Services Corp), Master Facility Agreement (Advanta Leasing Receivables Corp Ix), Financing Facility Agreement (Marlin Business Services Inc)

Servicer Not to Resign. (a) Subject to the provisions of Section 7.037.03(a), the Servicer shall not resign from the obligations and duties imposed on it by this Agreement as Servicer except upon a determination that the performance of its duties under this Agreement shall no longer be permissible under applicable law.

Appears in 5 contracts

Samples: Sale and Servicing Agreement (Hyundai Abs Funding Corp), Sale and Servicing Agreement (Hyundai Abs Funding Corp), Sale and Servicing Agreement (Hyundai Abs Funding Corp)

Servicer Not to Resign. (a) Subject to the provisions of Section 7.03, the Servicer shall not resign from the obligations and duties imposed on it by this Agreement as Servicer except upon a mutual consent of the Servicer, the Depositor, the Indenture Trustee and the Owner Trustee or upon the determination that the performance of its duties under this Agreement shall no longer be permissible under applicable lawApplicable Law and such incapacity cannot be cured by the Servicer.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Morgan Stanley Auto Loan Trust 2004-Hb2), Sale and Servicing Agreement (Morgan Stanley Auto Loan Trust 2004-Hb1), Sale and Servicing Agreement (Morgan Stanley Auto Loan Trust 2003-Hb1)

Servicer Not to Resign. (a) Subject to the provisions of Section 7.03, the Servicer shall not resign from the obligations and duties imposed on it by this Agreement as Servicer Agreement, except upon a determination that the performance of its duties under this Agreement shall no longer be permissible under applicable lawApplicable Law.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Huntington Auto Trust 2012-2), Sale and Servicing Agreement (Huntington Auto Trust 2012-1), Sale and Servicing Agreement (Huntington Funding, LLC)

Servicer Not to Resign. (a) Subject to the provisions of Section 7.03, the The Servicer shall not resign from the duties and obligations and duties hereby imposed on it by this Agreement as Servicer except upon a determination that the performance of its duties under this Agreement shall no longer be permissible under applicable lawAgreement.

Appears in 3 contracts

Samples: Loan Sale and Servicing Agreement (Diamond Resorts Parent, LLC), Loan Sale and Servicing Agreement (Diamond Resorts Corp), Loan Sale and Servicing Agreement (Diamond Resorts Parent, LLC)

Servicer Not to Resign. (a) Subject to the provisions of Section 7.03, the Servicer shall not resign from the obligations and duties imposed on it by this Agreement as Servicer except upon a determination that the performance of its duties under this Agreement shall no longer be permissible under applicable law.. 27 (2021-C Sale and Servicing Agreement)

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Hyundai Auto Receivables Trust 2021-C), Sale and Servicing Agreement (Hyundai Auto Receivables Trust 2021-C)

Servicer Not to Resign. (a) Subject to the provisions of Section 7.03, the Servicer shall not resign from the obligations and duties imposed on it by this Agreement as Servicer except upon a determination that the performance of its duties under this Agreement shall no longer be permissible under applicable law.. 24 (2017-A Sale and Servicing Agreement)

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Hyundai Auto Receivables Trust 2017-A), Sale and Servicing Agreement (Hyundai Abs Funding LLC)

Servicer Not to Resign. (a) Subject to the provisions of Section 7.038.3, the Servicer shall not resign from the its obligations and duties imposed on it by under this Agreement as Servicer except upon a determination that the performance of its duties under this Agreement shall is no longer be permissible under applicable law. Any such determination permitting the resignation of the Servicer shall be evidenced by an Opinion of Counsel to such effect delivered to the Trustee.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Daimler Benz Vehicle Receivables Corp), Pooling and Servicing Agreement (Daimler Benz Vehicle Receivables Corp)

Servicer Not to Resign. (a) Subject to the provisions of Section 7.03, the Servicer shall not resign from the obligations and duties imposed on it by this Agreement as Servicer except upon a determination that the performance of its duties under this Agreement shall no longer be permissible under applicable law.. 24 (2016-B Sale and Servicing Agreement)

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Hyundai Auto Receivables Trust 2016-B), Sale and Servicing Agreement (Hyundai Abs Funding LLC)

Servicer Not to Resign. (a) Subject to the provisions of Section 7.03, the Servicer shall not resign from the obligations and duties imposed on it by this Agreement as Servicer except upon a determination that the performance of its duties under this Agreement shall no longer be permissible under applicable law.. 24 (2017-B Sale and Servicing Agreement)

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Hyundai Auto Receivables Trust 2017-B), Sale and Servicing Agreement (Hyundai Auto Receivables Trust 2017-B)

Servicer Not to Resign. (a) Subject to the provisions of Section 7.03, the Servicer shall not resign from the ---------------------- obligations and duties hereby imposed on it by this Agreement as Servicer except upon a determination that (a) the performance of its duties hereunder is or becomes impermissible under this Agreement shall applicable law, and (b) there is no longer be reasonable action which Servicer could take to make the performance of its duties hereunder permissible under applicable law.. Any determination pursuant to clause (a)

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Rockford Industries Inc)

Servicer Not to Resign. (a) Subject to the provisions of Section 7.03, the Servicer shall not resign from the obligations and duties imposed on it by this Agreement as Servicer except upon a mutual consent of the Servicer, the Indenture Trustee and the Owner Trustee or upon the determination that the performance of its duties under this Agreement shall no longer be permissible under applicable lawApplicable Law and such incapacity cannot be cured by the Servicer.

Appears in 1 contract

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

Servicer Not to Resign. (a) Subject to the provisions of Section 7.037.02, the Servicer shall not resign from the obligations and duties hereby imposed on it by this Agreement as Servicer except (i) upon a determination that the performance of its obligations or duties under this Agreement shall hereunder are no longer be permissible under applicable law.law or are in

Appears in 1 contract

Samples: Custodial Agreement (Delta Funding Corp /De/)

Servicer Not to Resign. (a) Subject to the provisions of Section 7.03, the The Servicer shall not resign from the its obligations and duties imposed on it by under this Agreement as Servicer except upon a determination that the performance of its duties under this Agreement shall no longer be permissible under applicable law.law or otherwise with the consent of the POOLING AND SERVICING AGREEMENT

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bay View Deposit CORP)

Servicer Not to Resign. (a) Subject to the provisions of Section 7.03, the Servicer shall not resign from the obligations and duties imposed on it by this Agreement as Servicer except upon a determination that the performance of its duties under this Agreement shall no longer be permissible under applicable law.. 40 (2013-C Sale and Servicing Agreement)

Appears in 1 contract

Samples: Sale and Servicing Agreement (Hyundai Auto Receivables Trust 2013-C)

Servicer Not to Resign. (a) Subject to the provisions of Section 7.03, the The Servicer shall not resign from the its obligations and duties imposed on it by this under the Agreement as Servicer except (i) upon a determination that the performance of its duties under this Agreement shall no longer be permissible under applicable law.law or (ii) in the event of the appoint-

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Usaa Federal Savings Bank)

Servicer Not to Resign. (a) Subject to the provisions of Section 7.037.02, the Servicer shall not resign from the obligations and duties hereby imposed on it by this Agreement as Servicer except (i) upon a determination that the performance of its obligations or duties under this Agreement shall hereunder are no longer be permissible under applicable law.law or are in material conflict by reason of applicable law with any other activities carried on by it or its subsidiaries or Affiliates, the other activities of the Servicer so causing such a conflict being of a type and nature

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Delta Funding Corp /De/)

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Servicer Not to Resign. (a) Subject to the provisions of Section 7.03, the Servicer shall not resign from the obligations and duties imposed on it by this Agreement as Servicer except upon a determination that the performance of its duties under this Agreement shall no longer be permissible under applicable law.. (2009-A Sale and Servicing Agreement)

Appears in 1 contract

Samples: Form of Sale and Servicing Agreement (Hyundai Abs Funding Corp)

Servicer Not to Resign. (a) Subject to the provisions of Section 7.03, the Servicer shall not resign from the obligations and duties imposed on it by this Agreement as Servicer except upon a determination that the performance of its duties under this Agreement shall no longer be permissible under applicable law.. 40 (200[ ]-[ ] Sale and Servicing Agreement)

Appears in 1 contract

Samples: Sale and Servicing Agreement (Hyundai Abs Funding Corp)

Servicer Not to Resign. (a) Subject to the provisions of Section 7.03, the The Servicer shall not resign from the its obligations and duties imposed on it by under this Agreement as Servicer except upon a determination that the performance of its duties under this Agreement shall no longer be permissible under applicable law., compliance with which could not be realized without material adverse impact on the Servicer's financial condition. No such resignation shall become effective until the Indenture Trustee or a successor Servicer shall have assumed the responsibilities and obligations of the Servicer in accordance with Section 8.03 hereof. [remainder of this page intentionally left blank]

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Cit Equipment Collateral 2000-1)

Servicer Not to Resign. (a) Subject to the provisions of Section 7.033.2 hereof, the Servicer shall not resign from the obligations and duties imposed on it by this Agreement as Servicer except upon a determination that with the performance prior written consent of its duties under this Agreement the Lender. No resignation of the Servicer shall no longer be permissible under applicable lawbecome effective until an entity acceptable to the Lender shall have assumed the responsibilities and obligations of the Servicer.

Appears in 1 contract

Samples: Servicing Agreement (Firstcity Financial Corp)

Servicer Not to Resign. (a) Subject to the provisions of Section 7.039.3, the Servicer shall not resign from the obligations and duties imposed on it by this Agreement as Servicer except upon a determination that the performance of its duties under this Agreement shall no longer be permissible under applicable law.as

Appears in 1 contract

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

Servicer Not to Resign. (a) Subject to the provisions of Section 7.037.02, the Servicer shall not resign from the obligations and duties hereby imposed on it by this Agreement as Servicer except (i) upon a determination that the performance of its duties under this Agreement shall no longer be permissible under applicable law.of

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Delta Funding Corp /De/)

Servicer Not to Resign. (a) Subject to the provisions of Section 7.03, the Servicer shall not resign from the obligations and duties imposed on it by this Agreement as Servicer except upon a 50 determination that the performance of its duties under this Agreement shall no longer be permissible under applicable law.

Appears in 1 contract

Samples: Sale and Servicing Agreement (BMW Fs Securities LLC)

Servicer Not to Resign. (a) Subject to the provisions of Section 7.03, the Servicer shall not resign from the obligations and duties hereby imposed on it by this Agreement as Servicer except (x) upon a the determination that (i) the performance of its duties under this Agreement shall hereunder is no longer be permissible under applicable law.Requirements of Law (other than the charter and by-laws of Servicer) and (ii) there is no reasonable action which Servicer could take to make the 66

Appears in 1 contract

Samples: Pooling and Servicing Agreement (World Financial Network Credit Card Master Trust)

Servicer Not to Resign. (a) Subject to the provisions of Section 7.03, the Servicer shall not resign from the obligations and duties imposed on it by this Agreement as Servicer except upon a determination that the performance of its duties under this Agreement shall no longer be permissible under applicable law.. (2011-B Sale and Servicing Agreement)

Appears in 1 contract

Samples: Sale and Servicing Agreement (Hyundai Auto Receivables Trust 2011-B)

Servicer Not to Resign. (a) Subject to the provisions of Section 7.037.02, the Servicer shall not resign from the obligations and duties hereby imposed on it by this Agreement as Servicer except (i) upon a determination that the performance of its obligations or duties under this Agreement shall hereunder are no longer be permissible under applicable law.law or are in material conflict by reason of applicable law with any other activities carried on by it or its subsidiaries or Affiliates, the other activities of the Servicer so causing such a conflict being of a type and nature carried on by the Servicer or its

Appears in 1 contract

Samples: Custodial Agreement (Delta Funding Corp /De/)

Servicer Not to Resign. (a) Subject to the provisions of Section 7.037.3, the Servicer shall may not resign from the obligations and duties hereby imposed on it by as Servicer under this Agreement as Servicer or the other Basic Documents except upon a determination that by reason of a change in legal requirements the performance of its duties under this Agreement shall no longer would cause it to be permissible under applicable law.in violation of such legal requirements in a manner which would result in a material adverse effect on the Servicer and the Security Insurer does not elect to waive the obligations of ARTICLE VIIA The Representative

Appears in 1 contract

Samples: Sale and Servicing Agreement (Franklin Receivables LLC)

Servicer Not to Resign. (a) Subject to the provisions of Section 7.03, the Servicer shall not resign from the obligations and duties imposed on it by this Agreement as Servicer except upon a determination that the performance of its duties under this Agreement shall no longer be permissible under applicable law.. (200[ ]-[ ] Sale and Servicing Agreement) 40

Appears in 1 contract

Samples: Sale and Servicing Agreement (Hyundai Abs Funding Corp)

Servicer Not to Resign. (a) Subject to the provisions of Section 7.037.2, the Servicer shall not resign from the obligations and duties imposed on it by this Agreement as Servicer except upon a determination that the performance of its duties under this Agreement shall is no longer be permissible under applicable law. Any such determination permitting the resignation of the Servicer shall be evidenced by an Opinion of Counsel to such effect delivered to the Owner Trustee.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Crystal Oil Co)

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