Common use of Servicing Term Clause in Contracts

Servicing Term. Pursuant to Section 13.05 of the Servicing Agreements, the parties hereby consent and agree that the initial term of UAC as Servicer shall terminate at 11:59 p.m. on September 6, 2002; provided, however, UAC shall act as successor Servicer for a second term commencing at 12:00 a.m. on September 7, 2002 and terminating at 11:59 a.m. on October 31, 2002 (the "Servicing Term"), unless such term is extended for an additional 60-day term (such term, an "Extended Servicing Term") in writing executed by the Insurer prior to the expiration of such Servicing Term. Any Extended Servicing Term may be similarly extended prior to its expiration. The Insurer will give the Trustee ten (10) days prior written notice of its determination not to extend the Servicing Term or an Extended Servicing Term, in the event that the Trustee is to become the successor Servicer. Upon the expiration of the Servicing Term or any subsequent Extended Serving Term without renewal, all rights and obligations of UAC as successor Servicer under the Servicing Agreements shall terminate and all authority and power of UAC as successor Servicer shall pass to and be vested in the back-up servicer designated pursuant to the Back-up Servicing Agreement or such other entity as shall be designated by the Insurer. UAC shall, on or before September 11, 2002 and on the date that is three (3) Business Days from the end of each Collection Period, deliver to the Insurer a tape containing the master record of the Receivables as of the end of the previous Collection Period in such form as the Insurer shall reasonably require. UAC hereby agrees to cooperate with the Insurer and the back-up servicer designated pursuant to the Back-up Servicing Agreement or other successor Servicer in effectuating the complete transfer of the servicing, administration and collection functions from UAC to the back-up servicer or such other successor Servicer in accordance with the Servicing Agreements and this Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Union Acceptance Corp)

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Servicing Term. Pursuant to Section 13.05 Sparta’s duties as the “Servicer” under this Agreement shall be effective for an initial term, commencing on the Closing Date and ending on March 19, 2009, which term shall be extendible by the Administrative Agent as hereinafter set forth. The Administrative Agent, in its sole discretion, may direct, by delivery of a written notice as described below, that the term of Sparta as the initial Servicer hereunder be renewed for successive monthly terms ending on the last day of each successive calendar month (each such term, together with the initial servicing term, a “Servicing Term”) until the Facility Amount is paid in full. Each written notice renewing the Servicing Term (each, a “Servicing Term Renewal Notice”) shall be delivered by the Administrative Agent, on behalf of the Lenders, to the Borrower and the Servicer. Sparta, as the initial Servicer, hereby agrees that, as of the date hereof and upon its receipt of any such Servicing AgreementsTerm Renewal Notice, the parties hereby consent and agree that it shall become bound, for the initial term beginning on the Closing Date and for the duration of UAC the term covered by each such Servicing Term Renewal Notice (or such shorter period as set forth in a Servicer shall terminate at 11:59 p.m. on September 6, 2002; provided, however, UAC shall act as successor Servicer for a second term commencing at 12:00 a.m. on September 7, 2002 and terminating at 11:59 a.m. on October 31, 2002 (the "Servicing Term"Termination Notice), to continue as the Servicer subject to and in accordance with the other provisions of this Agreement (unless such term is extended for an additional 60-day term (such term, an "Extended Servicing Term") in writing executed by the Insurer prior Administrative Agent delivers a Servicer Termination Notice to Sparta). If the expiration of such Servicing Term. Any Extended Servicing Term may be similarly extended prior to its expiration. The Insurer will give the Trustee ten (10) days prior written notice of its determination Administrative Agent elects not to extend the Servicing Term or an Extended Servicing Term, in the event that Administrative Agent shall deliver written notice thereof to the Trustee is to become Backup Servicer and, until receipt of such notice, the successor Servicer. Upon the expiration of the Servicing Term or any subsequent Extended Serving Term without renewal, all rights and obligations of UAC as successor Servicer under the Servicing Agreements shall terminate and all authority and power of UAC as successor Backup Servicer shall pass to and be vested in the back-up servicer designated pursuant to the Back-up Servicing Agreement or such other entity as shall be designated by the Insurernot commence any servicing functions hereunder. UAC shall, on or before September 11, 2002 and on the date that is three (3) Business Days from the end of each Collection Period, deliver to the Insurer a tape containing the master record of the Receivables as of After the end of the previous Collection Period Servicing Term, the Servicer shall continue to service the Collateral until the Backup Servicer or another Successor Servicer has been appointed in writing by the Administrative Agent. If a Servicing Term Renewal Notice is delivered after the expiration of any Servicing Term, the Administrative Agent and the Servicer hereby agree that such form notice shall be deemed to relate back and that such Servicing Term Renewal Notice is binding on the other parties hereto as if timely delivered. Sparta hereby acknowledges that its rights to perform as the Insurer shall reasonably require. UAC hereby agrees to cooperate Servicer with the Insurer and the back-up servicer designated pursuant respect to the Back-up Receivables hereunder, any rights of any subservicers to whom it has delegated any duties hereunder, and its rights to receive the Servicing Agreement or other successor Servicer Fee in effectuating the complete transfer of the servicingrespect thereof, administration and collection functions from UAC are limited to the back-up servicer existing Servicing Term without, except as otherwise provided in this Section 6.1, any contractual or property right ensuring continuation of such other successor Servicer in accordance with the Servicing Agreements and this AgreementTerm beyond its expiration date.

Appears in 1 contract

Samples: Revolving Credit Agreement (Sparta Commercial Services, Inc.)

Servicing Term. Pursuant to Section 13.05 of the Servicing AgreementsAgreement, the parties hereby consent and agree that the initial term of UAC as Servicer shall terminate at 11:59 p.m. on September 6, 2002; provided, however, UAC shall act as successor Servicer for a second term commencing at 12:00 a.m. on September 7, 2002 and terminating at 11:59 a.m. on October 31, 2002 (the "Servicing Term"), unless such term is extended for an additional 60-day term (such term, an "Extended Servicing Term") in writing by a written notification executed by the Insurer and sent to UAC (with a copy to the Indenture Trustee) prior to the expiration of such Servicing Term. Any Extended Servicing Term may be similarly extended prior to its expiration. The Insurer will give the Indenture Trustee ten (10) days prior written notice of its determination not to extend the Servicing Term or an Extended Servicing Term, in the event that the Indenture Trustee is to become the successor Servicer. Upon the expiration of the Servicing Term or any subsequent Extended Serving Term without renewal, all rights and obligations of UAC as successor Servicer under the Servicing Agreements Transaction Documents shall terminate and all authority and power of UAC as successor Servicer shall pass to and be vested in the back-up servicer designated pursuant to the Back-up Servicing Agreement or such other entity as shall be designated by the Insurer. UAC shall, on or before September 11, 2002 and on the date that is three (3) Business Days from the end of each Collection Period, deliver to the Insurer a tape containing the master record of the Receivables as of the end of the previous Collection Period in such form as the Insurer shall reasonably require. UAC hereby agrees to cooperate with the Insurer and the back-up servicer designated pursuant to the Back-up Servicing Agreement or other successor Servicer in effectuating the complete transfer of the servicing, administration and collection functions from UAC to the back-up servicer or such other successor Servicer in accordance with the Servicing Agreements Transaction Documents and this Agreement.

Appears in 1 contract

Samples: Servicing Term Agreement (Union Acceptance Corp)

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Servicing Term. Pursuant to Section 13.05 of the Servicing Agreements, the parties hereby consent and agree that the initial term of UAC as Servicer shall terminate at 11:59 p.m. on September 6, 2002; provided, however, UAC shall act as successor Servicer for a second term commencing at 12:00 a.m. on September 7, 2002 and terminating at 11:59 a.m. on October 31, 2002 (the "Servicing Term"), unless such term is extended for an additional 60-day term (such term, an "Extended Servicing Term") in writing executed by the Insurer prior to the expiration of such Servicing Term. Any Extended Servicing Term may be similarly extended prior to its expiration. The Insurer will give the Indenture Trustee ten (10) days prior written notice of its determination not to extend the Servicing Term or an Extended Servicing Term, in the event that the Indenture Trustee is to become the successor Servicer. Upon the expiration of the Servicing Term or any subsequent Extended Serving Term without renewal, all rights and obligations of UAC as successor Servicer under the Servicing Agreements shall terminate and all authority and power of UAC as successor Servicer shall pass to and be vested in the back-up servicer designated pursuant to the Back-up Servicing Agreement or such other entity as shall be designated by the Insurer. UAC shall, on or before September 11, 2002 and on the date that is three (3) Business Days from the end of each Collection Period, deliver to the Insurer a tape containing the master record of the Receivables as of the end of the previous Collection Period in such form as the Insurer shall reasonably require. UAC hereby agrees to cooperate with the Insurer and the back-up servicer designated pursuant to the Back-up Servicing Agreement or other successor Servicer in effectuating the complete transfer of the servicing, administration and collection functions from UAC to the back-up servicer or such other successor Servicer in accordance with the Servicing Agreements and this Agreement.

Appears in 1 contract

Samples: Trust and Servicing Agreement (Union Acceptance Corp)

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