Servicer Termination Event Clause Samples

A Servicer Termination Event clause defines the circumstances under which the party responsible for servicing a financial asset or portfolio—such as a loan servicer—can be removed or replaced. Typically, this clause outlines specific triggers for termination, such as failure to perform contractual duties, insolvency, or breaches of law. By clearly specifying these events, the clause ensures that the interests of investors or stakeholders are protected by allowing for the prompt replacement of a non-performing or problematic servicer, thereby maintaining the integrity and performance of the underlying assets.
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Servicer Termination Event. If the Issuer has knowledge of a Servicer Termination Event, the Issuer will notify the Indenture Trustee and the Rating Agencies of the event and any action the Issuer is taking to correct the situation. If a Servicer Termination Event results from the failure of the Servicer to perform its obligations under the Sale and Servicing Agreement, the Issuer will take reasonable steps available to cause the Servicer to correct the failure.
Servicer Termination Event. For purposes of this Agreement, each of the following shall constitute a “Servicer Termination Event”:
Servicer Termination Event. For purposes of this Agreement, each of the following shall constitute a “Servicer Termination Event”: (a) Any failure by the Servicer to deliver to the Indenture Trustee for distribution to Noteholders any proceeds or payment required to be so delivered under the terms of this Agreement that continues unremedied for a period of two (2) Business Days (one Business Day with respect to payment of Purchase Amounts) after written notice is received by the Servicer from the Indenture Trustee or after discovery of such failure by a Responsible Officer of the Servicer; or (b) Failure on the part of the Servicer duly to observe or perform any other covenants or agreements of the Servicer set forth in this Agreement, which failure (i) materially and adversely affects the rights of Noteholders, and (ii) continues unremedied for a period of forty-five (45) days after knowledge thereof by the Servicer or after the date on which written notice of such failure, requiring the same to be remedied, shall have been given to the Servicer by the Indenture Trustee; provided, that no Servicer Termination Event will result from the breach by the Servicer of any covenant for which (A) the purchase of the affected Receivable is specified as the sole remedy pursuant to Section 4.7 and (B) such purchase of the affected Receivable has been consummated; or (c) The entry of a decree or order for relief by a court or regulatory authority having jurisdiction in respect of the Servicer in an involuntary case under the federal bankruptcy laws, as now or hereafter in effect, or another present or future, federal bankruptcy, insolvency or similar law, or appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator or other similar official of the Servicer, or of any substantial part of its property or ordering the winding up or liquidation of the affairs of the Servicer and the continuance of any such decree or order unstayed and in effect for a period of sixty (60) consecutive days or the commencement of an involuntary case under the federal bankruptcy laws, as now or hereinafter in effect, or another present or future federal or state bankruptcy, insolvency or similar law and such case is not dismissed within sixty (60) days; or (d) The commencement by the Servicer of a voluntary case under the federal bankruptcy laws, as now or hereafter in effect, or any other present or future, federal or state, bankruptcy, insolvency or similar law, or the consent by the Servicer to th...
Servicer Termination Event. No event has occurred which constitutes a Servicer Termination Event (other than any Servicer Termination Event which has previously been disclosed to the Administrative Agent as such).
Servicer Termination Event. A Servicer Termination Event occurs that has an Adverse Effect;
Servicer Termination Event. (a) “Servicer Termination Event”, wherever used herein, means, with respect to either Master Servicer or either Special Servicer, any one of the following events, circumstances and conditions:
Servicer Termination Event. If any one of the following events (a "Servicer Termination Event") shall occur and be continuing: (a) any failure by Servicer to deliver to Indenture Trustee and Owner Trustee the Servicer's Report in accordance with Section 4.9, or any failure by Servicer to deliver to Indenture Trustee or Owner Trustee for deposit in any of the Trust Accounts or the Certificate Distribution Account any required payment or to direct Indenture Trustee or Owner Trustee to make any required distributions therefrom [that shall continue unremedied for a period of five (5) Business Days after written notice of such failure is received by Servicer from Owner Trustee or Indenture Trustee or after discovery of such failure by an Authorized Officer of Servicer]; or (b) failure on the part of Servicer to duly observe or to perform in any material respect any other covenants or agreements of Servicer set forth in this Agreement or any other Basic Document to which it is a party, which failure shall[ (i)] materially and adversely affect the rights of either the Certificateholders or Noteholders [and (ii) continue unremedied for a period of 60 days after the date on which written notice of such failure, requiring the same to be remedied, shall have been given (A) to Servicer by Owner Trustee or Indenture Trustee or (B) to Servicer and to Owner Trustee and Indenture Trustee by the Holders of Notes evidencing [not less than 25%] of the Outstanding Amount of the Notes or Holders of Certificates [evidencing not less than 25%] of the outstanding Certificate Balance, as applicable (or for such longer period, not in excess of 120 days, as may be reasonably necessary to remedy such default; provided that such default is capable of remedy within 120 days and Servicer delivers an Officer's Certificate to Owner Trustee and Indenture Trustee to such effect and to the effect that Servicer has commenced or will promptly commence, and will diligently pursue, all reasonable efforts to remedy such default)]; or (c) an Insolvency Event occurs with respect to Servicer, the Transferor or any of their respective successors; then, [and in each and every case, so long as any Servicer Termination Event shall not have been remedied, either Indenture Trustee, or the Holders of Notes evidencing greater than 50% of the Outstanding Amount of the Notes (or, if no Notes are then Outstanding, either the Owner Trustee or the Holders of Certificates evidencing greater than 50% of the Certificate Balance), by notice th...
Servicer Termination Event. 88 SECTION 10.2 Consequences of a Servicer Termination Event................................90 SECTION 10.3 Appointment of Successor....................................................91 SECTION 10.4 Notification to Securityholders.............................................92 SECTION 10.5 Waiver of Past Defaults.....................................................93 SECTION 10.6 Action Upon Certain Failures of the Servicer................................93 ARTICLE XI TERMINATION..............................................................................93 SECTION 11.1 Optional Purchase of All Receivables........................................93
Servicer Termination Event. For purposes of this Agreement, each of the following shall constitute a “Servicer Termination Event”: (i) Any failure by the Servicer to make any deposit of funds to the Security Deposit Account, the Maintenance Reserves Account, or the Collection Account required to be made by the Servicer by the later of (A) five Business Days after such deposit is required under this Agreement or any other Credit Document; or (B) if such funds were not identifiable, when received, as being a payment related to an Aircraft Owned by a Borrower Group Member, five Business Days after the Servicer has determined that such funds were a payment related to an Aircraft Owned by a Borrower Group Member or (ii) any failure by the Servicer to deliver a Monthly Report on the due date thereof; (b) Failure on the part of (i) the Servicer to maintain the insurance required by Section 10.34 hereof or (ii) the Servicer, to duly to observe or perform any covenants or agreements of the Servicer set forth in this Agreement or the Servicing Agreement (other than those described in clause (a) above), or any other Transaction Document on its part to be performed or observed and any such failure shall remain unremedied for thirty (30) days after the earlier of (i) the receipt by the Servicer of notice of such failure from the Administrative Agent, and (ii) the Servicer acquiring Actual Knowledge of such breach; (c) Any representation, warranty or statement of the Servicer made in this Agreement or the Servicing Agreement, or any certificate, report or other writing delivered or prepared by the Servicer pursuant hereto or thereto shall prove to be untrue or incorrect in any respect as of the time when the same shall have been made, and, within thirty (30) days, the circumstances or condition in respect of which such representation, warranty or statement was untrue or incorrect (if capable of elimination or otherwise curable) shall not have been eliminated or otherwise cured; (d) The Servicer shall cease to be otherwise engaged (i.e., not solely due to the transactions financed hereby) in the aircraft leasing business; (e) An Event of Bankruptcy shall have occurred with respect to the Servicer; (f) If Avolon or any other member of the Avolon Group or any Affiliate of the Borrower is then serving as the Servicer, Avolon shall fail to maintain at any time on or after the Initial Advance Date unrestricted cash plus amounts available under all bank lines of credit and/or a credit line from the Initi...
Servicer Termination Event. 53 Section 10.2 Consequences of a Servicer Termination Event..................54 Section 10.3