Common use of Subrogation and Cooperation Clause in Contracts

Subrogation and Cooperation. (a) To the extent the Credit Enhancer makes payments of principal or interest on the Notes under the Policy, the Credit Enhancer will be fully subrogated to the rights of the Noteholders to receive that principal and interest from the Mortgage Loans and any other Collateral, and the Credit Enhancer shall be paid that principal and interest, but only from the sources and in the manner provided in this Indenture and the Sale and Servicing Agreement for the payment of that principal and interest. Any payment of principal or interest on the Notes made with moneys received under the Policy shall not be considered payment of the Notes from the Trust and shall not result in the payment of or the provision for the payment of the principal or interest on the Notes under Section 4.01. The Credit Enhancer shall be paid principal and interest from Mortgage Loans only from the sources and in the manner provided in this Indenture and in the Insurance Agreement. The Indenture Trustee shall cooperate in all respects with any reasonable request or direction by the Credit Enhancer to take any of the following actions to preserve or enforce the Credit Enhancer's interest under this Indenture or the Sale and Servicing Agreement, consistent with this Indenture and without limiting the rights of the Noteholders under this Indenture, including upon the occurrence and continuance of a Credit Enhancer Default:

Appears in 13 contracts

Samples: Indenture (Cwabs Inc), Indenture (Indymac Abs Inc), Custodial Agreement (Cwabs Inc Revolving Home Eq Ln Asst Back NTS Ser 2004-A)

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Subrogation and Cooperation. (a) To the extent the Credit Enhancer makes payments of principal or interest on the Notes under the Policy, the Credit Enhancer will be fully subrogated to the rights of the Noteholders to receive that principal and interest from the Mortgage Loans of the related Loan Group and any other related Collateral, and the Credit Enhancer shall be paid that principal and interest, but only from the sources and in the manner provided in this Indenture and the Sale and Servicing Agreement for the payment of that principal and interest. Any payment of principal or interest on the a Class of Notes made with moneys received under the Policy shall not be considered payment of the that Class of Notes from the Trust and shall not result in the payment of or the provision for the payment of the principal or interest on the that Class of Notes under Section 4.01. The Credit Enhancer shall be paid principal and interest from Mortgage Loans only from the sources and in the manner provided in this Indenture and in the Insurance Agreement. The Indenture Trustee shall cooperate in all respects with any reasonable request or direction by the Credit Enhancer to take any of the following actions to preserve or enforce the Credit Enhancer's interest under each of this Indenture or and the Sale and Servicing Agreement, consistent with this Indenture and without limiting the rights of the Noteholders under this Indenture, including upon the occurrence and continuance of a Credit Enhancer Default:

Appears in 7 contracts

Samples: Custodial Agreement (Cwabs Master Trust Series 2004-B), Custodial Agreement (CWABS Revolving Home Equity Loan Trust, Series 2004-E), Custodial Agreement (CWABS Revolving Home Equity Loan Trust, Series 2004-G)

Subrogation and Cooperation. (a) To the extent the Credit Enhancer makes payments of principal or interest on the Notes under the Policy, the Credit Enhancer will be fully subrogated to the rights of the Noteholders to receive that principal and interest from the Mortgage Loans and any other Collateral, and the Credit Enhancer shall be paid that principal and interest, but only from the sources and in the manner provided in this Indenture and the Sale and Servicing Agreement for the payment of that principal and interest. Any payment of principal or interest on the Notes made with moneys received under the Policy shall not be considered payment of the Notes from the Trust and shall not result in the payment of or the provision for the payment of the principal or interest on the Notes under Section 4.01. The Credit Enhancer shall be paid principal and interest from Mortgage Loans only from the sources and in the manner provided in this Indenture and in the Insurance Agreement. The Indenture Trustee shall cooperate in all respects with any reasonable request or direction by the Credit Enhancer to take any of the following actions to preserve or enforce the Credit Enhancer's interest under each of this Indenture or and the Sale and Servicing Agreement, consistent with this Indenture and without limiting the rights of the Noteholders under this Indenture, including upon the occurrence and continuance of a Credit Enhancer Default:

Appears in 3 contracts

Samples: Custodial Agreement (Cwabs Inc Revolving Home Equity Loan Notes Series 2004-C), Custodial Agreement (CWABS Revolving Home Equity Loan Trust, Series 2004-I), Custodial Agreement (CWABS Revolving Home Equity Loan Trust, Series 2004-S)

Subrogation and Cooperation. (a) To the extent the Credit Enhancer makes payments of principal or interest on the Notes under the Policy, the Credit Enhancer will be fully subrogated to the rights of the Noteholders to receive that principal and interest from the Mortgage Loans of the related Loan Group and any other related Collateral, and the Credit Enhancer shall be paid that principal and interest, but only from the sources and in the manner provided in this Indenture and the Sale and Servicing Agreement for the payment of that principal and interest. Any payment of principal or interest on the a Class of Notes made with moneys received under the Policy shall not be considered payment of the that Class of Notes from the Trust and shall not result in the payment of or the provision for the payment of the principal or interest on the that Class of Notes under Section 4.01. The Credit Enhancer shall be paid principal and interest from Mortgage Loans only from the sources and in the manner provided in this Indenture and in the Insurance Agreement. The Indenture Trustee shall cooperate in all respects with any reasonable request or direction by the Credit Enhancer to take any of the following actions to preserve or enforce the Credit Enhancer's interest under each of this Indenture or and the Sale and Servicing Agreement, consistent with this Indenture and without limiting the rights of the Noteholders under this Indenture, including upon the occurrence and continuance of a Credit Enhancer Default:

Appears in 2 contracts

Samples: Custodial Agreement (CWABS Revolving Home Equity Loan Trust Series, 2004-Q), Custodial Agreement (CWABS Revolving Home Equity Loan Trust Series, 2004-R)

Subrogation and Cooperation. (a) To the extent the Credit Enhancer makes payments of principal or interest on the Insured Notes under the Policy, the Credit Enhancer will be fully subrogated to the rights of the Noteholders Holders of the Insured Notes to receive that principal and interest from the Mortgage Loans and Loans, any other Collateral, and the Credit Enhancer shall be paid that principal and interest, but only from the sources and in the manner provided in this Indenture and the Sale and Servicing Agreement for the payment of that principal and interest. Any payment of principal or interest on the Insured Notes made with moneys received under the Policy shall not be considered payment of the Insured Notes from the Trust and shall not result in the payment of or the provision for the payment of the principal or interest on the Insured Notes under Section 4.01. The Credit Enhancer shall be paid principal and interest from Mortgage Loans only the assets of the Trust from the sources and in the manner provided in this Indenture and in the Insurance Agreement. The Indenture Trustee shall cooperate in all respects at the expense of the Trust with any reasonable request or direction by the Credit Enhancer to take any of the following actions to preserve or enforce the Credit Enhancer's ’s interest under each of this Indenture or and the Sale and Servicing Agreement, consistent with this Indenture and without limiting the rights of the Noteholders under this Indenture, including upon the occurrence and continuance of a Credit Enhancer Default:

Appears in 2 contracts

Samples: Custodial Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2007-E), Custodial Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2007-D)

Subrogation and Cooperation. (a) To the extent the Credit Enhancer makes payments of principal or interest on the Notes under the Policy, the Credit Enhancer will be fully subrogated to the rights of the Noteholders to receive that principal and interest from the Mortgage Loans and any other related Collateral, and the Credit Enhancer shall be paid that principal and interest, but only from the sources and in the manner provided in this Indenture and the Sale and Servicing Agreement for the payment of that principal and interest. Any payment of principal or interest on the a Class of Notes made with moneys received under the Policy shall not be considered payment of the that Class of Notes from the Trust and shall not result in the payment of or the provision for the payment of the principal or interest on the that Class of Notes under Section 4.01. The Credit Enhancer shall be paid principal and interest from Mortgage Loans only from the sources and in the manner provided in this Indenture and in the Insurance Agreement. The Indenture Trustee shall cooperate in all respects with any reasonable request or direction by the Credit Enhancer to take any of the following actions to preserve or enforce the Credit Enhancer's interest under each of this Indenture or and the Sale and Servicing Agreement, consistent with this Indenture and without limiting the rights of the Noteholders under this Indenture, including upon the occurrence and continuance of a Credit Enhancer Default:

Appears in 2 contracts

Samples: Custodial Agreement (CWABS Revolving Home Equity Loan Trust Series, 2004-P), Custodial Agreement (CWHEQ, Inc.)

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Subrogation and Cooperation. (a) To the extent the Credit Enhancer makes payments of principal or interest on the Notes under the Policy, the Credit Enhancer will be fully subrogated to the rights of the Noteholders to receive that principal and interest from the Mortgage Loans Loans, and any other Collateral, Subordinated Transferor Collections and the Credit Enhancer shall be paid that principal and interest, but only from the sources and in the manner provided in this Indenture and the Sale and Servicing Agreement for the payment of that principal and interest. Any payment of principal or interest on the a Class of Notes made with moneys received under the Policy shall not be considered payment of the that Class of Notes from the Trust and shall not result in the payment of or the provision for the payment of the principal or interest on the that Class of Notes under Section 4.01. The Credit Enhancer shall be paid principal and interest from Mortgage Loans only from the sources and in the manner provided in this Indenture and in the Insurance Agreement. The Indenture Trustee shall cooperate in all respects with any reasonable request or direction by the Credit Enhancer to take any of the following actions to preserve or enforce the Credit Enhancer's interest under each of this Indenture or and the Sale and Servicing Agreement, consistent with this Indenture and without limiting the rights of the Noteholders under this Indenture, including upon the occurrence and continuance of a Credit Enhancer Default:

Appears in 2 contracts

Samples: Custodial Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2005-M), Custodial Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2005-L)

Subrogation and Cooperation. (a) To the extent the Credit Enhancer makes payments of principal or interest on the Notes under the Policy, the Credit Enhancer will be fully subrogated to the rights of the Noteholders to receive that principal and interest from the Mortgage Loans and any other Collateral, and the Credit Enhancer shall be paid that principal and interest, but only from the sources and in the manner provided in this Indenture and Indenture, the Sale and Servicing Agreement, and the Insurance Agreement for the payment of that principal and interest. Any payment of principal or interest on the Notes made with moneys received under the Policy shall not be considered payment of the Notes from the Trust and shall not result in the payment of or the provision for the payment of the principal or interest on the Notes under Section 4.01. The Credit Enhancer shall be paid principal and interest from Mortgage Loans only from the sources and in the manner provided in this Indenture Indenture, in the Sale and Servicing Agreement, and in the Insurance Agreement. The Indenture Trustee shall cooperate in all respects with any reasonable request or direction by the Credit Enhancer to take any of the following actions to preserve or enforce the Credit Enhancer's interest under this Indenture or the Sale and Servicing Agreement, consistent with this Indenture and without limiting the rights of the Noteholders under this Indenture, including upon the occurrence and continuance of a Credit Enhancer Default:

Appears in 2 contracts

Samples: Indenture (Cwabs Inc), Indenture (Cwabs Inc)

Subrogation and Cooperation. (a) To the extent the Credit Enhancer makes payments of principal or interest on the Notes under the Policy, the Credit Enhancer will be fully subrogated to the rights of the Noteholders to receive that principal and interest from the Mortgage Loans of the related Loan Group, any other related Collateral, and any Crossover Amounts and Subordinated Transferor Collections they are entitled to from the other Collateral, Loan Group and the Credit Enhancer shall be paid that principal and interest, but only from the sources and in the manner provided in this Indenture and the Sale and Servicing Agreement for the payment of that principal and interest. Any payment of principal or interest on the a Class of Notes made with moneys received under the Policy shall not be considered payment of the that Class of Notes from the Trust and shall not result in the payment of or the provision for the payment of the principal or interest on the that Class of Notes under Section 4.01. The Credit Enhancer shall be paid principal and interest from Mortgage Loans only from the sources and in the manner provided in this Indenture and in the Insurance Agreement. The Indenture Trustee shall cooperate in all respects with any reasonable request or direction by the Credit Enhancer to take any of the following actions to preserve or enforce the Credit Enhancer's interest under each of this Indenture or and the Sale and Servicing Agreement, consistent with this Indenture and without limiting the rights of the Noteholders under this Indenture, including upon the occurrence and continuance of a Credit Enhancer Default:

Appears in 1 contract

Samples: Custodial Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2005-K)

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