Common use of Subservicers Clause in Contracts

Subservicers. The Servicer may enter into servicing agreements with one or more subservicers (including any Affiliate of the Servicer) to perform all or a portion of the servicing functions on behalf of the Servicer; provided that the Servicer shall remain obligated and be liable to the Trust for servicing and administering the Contracts in the Contract Pool in accordance with the provisions of this Agreement without diminution of such obligation and liability by virtue of the appointment of such subservicer, to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering such Contracts. The fees and expenses of the subservicer (if any) will be as agreed between the Servicer and its subservicer and neither the Owner Trustee, the Trust, the Indenture Trustee nor any Noteholder or Equity Certificateholder will have any responsibility therefor. All actions of a subservicer taken pursuant to such a subservicing agreement will be taken as an agent of the Servicer with the same force and effect as though performed by the Servicer.

Appears in 11 contracts

Samples: Pooling and Servicing Agreement (Cit Funding Co, LLC), Pooling and Servicing Agreement (NCT Funding Co LLC), Pooling and Servicing Agreement (NCT Funding Co LLC)

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Subservicers. The Servicer may enter into servicing agreements with one or more subservicers (including the Financing Originators or any other Affiliate of the Servicer) to perform all or a portion of the servicing functions on behalf of the Servicer; provided that the Servicer shall remain obligated and be liable to the Trust for servicing and administering the Contracts in the Contract Pool in accordance with the provisions of this Agreement without diminution of such obligation and liability by virtue of the appointment of such subservicer, to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering such Contracts. The fees and expenses of the subservicer (if any) will be as agreed between the Servicer and its subservicer and neither the Owner Trustee, the Trust, the Indenture Trustee nor any Noteholder or Equity Certificateholder will have any responsibility therefor. All actions of a subservicer taken pursuant to such a subservicing agreement will be taken as an agent of the Servicer with the same force and effect as though performed by the Servicer.

Appears in 9 contracts

Samples: Transfer Agreement (Ace Securities Corp), Pooling and Servicing Agreement (Cit Equipment Collateral 2000-2), Pooling and Servicing Agreement (Cit Equipment Collateral 2001-1)

Subservicers. The Servicer may enter into servicing agreements with one or more subservicers (including any Affiliate of the Servicer) to perform all or a portion of the servicing functions on behalf of the Servicer; provided that the Servicer shall remain obligated and be liable to the Trust for servicing and administering the Contracts in the Contract Pool in accordance with the provisions of this Agreement without diminution of such obligation and liability by virtue of the appointment of such subservicer, to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering such Contracts. The fees and expenses of the subservicer (if any) will be as agreed between the Servicer and its subservicer and neither the Owner Trustee, the Trust, the Indenture Trustee nor any Noteholder or Equity Certificateholder will have any responsibility therefor. All actions of a subservicer taken pursuant to such a subservicing sub-servicing agreement will be taken as an agent of the Servicer with the same force and effect as though performed by the Servicer.

Appears in 8 contracts

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

Subservicers. The Servicer may enter into servicing agreements with one or more subservicers (including any Affiliate of the Servicer) to perform all or a portion of the servicing functions on behalf of the Servicer; provided that the Servicer shall remain obligated and be liable to the Trust Issuer for servicing and administering the Contracts in the Contract Contracts Pool in accordance with the provisions of this Agreement without diminution of such obligation and liability by virtue of the appointment of such subservicer, to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering such Contracts. The fees and expenses of the subservicer (if any) will be as agreed between the Servicer and its subservicer and neither the Owner Trustee, the TrustIssuer, the Indenture Trustee nor any Noteholder or Equity Certificateholder the Holders will have any responsibility therefor. All actions of a subservicer taken pursuant to such a subservicing subservicer agreement will be taken as an agent of the Servicer with the same force and effect as though performed by the Servicer.

Appears in 4 contracts

Samples: Transfer and Servicing Agreement (Greatamerica Leasing Receivables 2000-1 LLC), Transfer and Servicing Agreement (Greatamerica Leasing Receivables 2000-1 LLC), Transfer and Servicing Agreement (Greatamerica Leasing Receivables 2001-1 LLC)

Subservicers. The Servicer may enter into servicing agreements with one or more subservicers (including any Affiliate of the Servicer) to perform all or a portion of the servicing functions on behalf of the Servicer; provided that provided, that, the Servicer shall remain obligated and be liable to the Trust Issuer for servicing and administering the Contracts Loans in the Contract Loan Pool in accordance with the provisions of this Agreement without diminution of such obligation and liability by virtue of the appointment of such subservicer, to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering such ContractsLoans. The fees and expenses of the subservicer (if any) will be as agreed between the Servicer and its subservicer and neither the Owner Trustee, the TrustIssuer, the Indenture Trustee Trustee, the Swap Counterparties nor any Noteholder or Equity Certificateholder the Securityholders will have any responsibility therefor. All actions of a subservicer taken pursuant to such a subservicing subservicer agreement will be taken as an agent of the Servicer with the same force and effect as though performed by the Servicer.

Appears in 4 contracts

Samples: Transfer and Servicing Agreement (American Capital Strategies LTD), Transfer and Servicing Agreement (American Capital Strategies LTD), Transfer and Servicing Agreement (American Capital Strategies LTD)

Subservicers. The Servicer may enter into servicing agreements with one or more subservicers (including any Affiliate of the Servicer) to perform all or a portion of the servicing functions on behalf of the Servicer; provided that the Servicer shall remain obligated and be liable to the Trust for servicing and administering the Contracts in the Contract Contracts Pool in accordance with the provisions of this Agreement without diminution of such obligation and liability by virtue of the appointment of such subservicer, to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering such Contracts. The fees and expenses of the subservicer (if any) will be as agreed between the Servicer and its subservicer and neither the Owner Trustee, the Trust, the Indenture Trustee nor any Noteholder or Equity Certificateholder the Holders will have any responsibility therefor. All actions of a subservicer taken pursuant to such a subservicing subservicer agreement will be taken as an agent of the Servicer with the same force and effect as though performed by the Servicer.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (Heller Funding Corp Ii), Transfer and Servicing Agreement (Orix Credit Alliance Receivables Trust 1999-A), Transfer and Servicing Agreement (Orix Credit Alliance Receivables Trust 2000 B)

Subservicers. The Servicer may enter into servicing agreements with one or more subservicers (including any Affiliate of the Servicer) to perform all or a portion of the servicing functions on behalf of the Servicer; provided PROVIDED that the Servicer shall remain obligated and be liable to the Trust for servicing and administering the Contracts in the Contract Contracts Pool in accordance with the provisions of this Agreement without diminution of such obligation and liability by virtue of the appointment of such subservicer, to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering such Contracts. The fees and expenses of the subservicer (if any) will be as agreed between the Servicer and its subservicer and neither the Owner Trustee, the Trust, the Indenture Trustee nor any Noteholder or Equity Certificateholder the Holders will have any responsibility therefor. All actions of a subservicer taken pursuant to such a subservicing subservicer agreement will be taken as an agent of the Servicer with the same force and effect as though performed by the Servicer.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Newcourt Receivables Corp Ii), Sale and Servicing Agreement (Heller Funding Corp), Pooling and Servicing Agreement (Newcourt Receivables Corp Ii)

Subservicers. The Servicer may enter into servicing agreements with one or more subservicers (including any Affiliate of the Servicer) to perform all or a portion of the servicing functions on behalf of the Servicer; provided that that, the Servicer shall remain obligated and be liable to the Trust Issuer for servicing and administering the Contracts Loans in the Contract Loan Pool in accordance with the provisions of this Agreement without diminution of such obligation and liability by virtue of the appointment of such subservicer, to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering such ContractsLoans. The fees and expenses of the subservicer (if any) will be as agreed between the Servicer and its subservicer and neither the Owner Trustee, the TrustIssuer, the Indenture Trustee Trustee, the Swap Counterparties nor any Noteholder or Equity Certificateholder the Holders will have any responsibility therefor. All actions of a subservicer taken pursuant to such a subservicing subservicer agreement will be taken as an agent of the Servicer with the same force and effect as though performed by the Servicer.

Appears in 2 contracts

Samples: Transfer and Servicing Agreement (American Capital Strategies LTD), Transfer and Servicing Agreement (American Capital Strategies LTD)

Subservicers. The Servicer may enter into servicing agreements with one or more subservicers (including Nuvotron, Inc. or any other Affiliate of the any Servicer) to perform all or a portion of the servicing functions on behalf of the Servicer; provided that the Servicer shall will remain obligated and be liable to the Trust Lender for servicing and administering the Contracts in the Contract Pool Leases in accordance with the provisions of this Agreement without diminution of such obligation and liability by virtue of the appointment of such subservicer, to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering such Contractsthe Leases. The fees and expenses of the subservicer (if any) will be as agreed between the Servicer and its subservicer and neither TLFC nor the Owner Trustee, the Trust, the Indenture Trustee nor any Noteholder or Equity Certificateholder Lender will have any responsibility therefor. All actions of a subservicer taken pursuant to such a subservicing subservicer agreement will be taken as an agent of the Servicer with the same force and effect as though performed by the Servicer.

Appears in 2 contracts

Samples: Servicing Agreement (Trans Leasing International Inc), Servicing Agreement (Trans Leasing International Inc)

Subservicers. The Servicer may enter into servicing agreements with one or more subservicers (including any Affiliate of the Servicer) to perform all or a portion of the servicing functions on behalf of the Servicer; provided that the Servicer shall will remain obligated and be liable to the Trust for servicing and administering the Contracts in the Contract Pool Included Leases in accordance with the provisions of this Agreement without diminution of such obligation and liability by virtue of the appointment of such subservicer, to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering such Contractsthe Included Leases. The fees and expenses of the subservicer (if any) will be as agreed between the Servicer and its subservicer and neither the Owner Trustee, the Trust, Trust nor the Indenture Trustee nor any Noteholder or Equity Certificateholder Holders will have any responsibility therefor. All actions of a subservicer taken pursuant to such a subservicing subservicer agreement will be taken as an agent of the Servicer with the same force and effect as though performed by the Servicer.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement and Indenture of Trust (American Finance Group Inc /De/), Pooling and Servicing Agreement (PLM International Inc)

Subservicers. The Servicer may enter into servicing agreements with one or more subservicers (including any Affiliate of the Servicer) to perform all or a portion of the servicing functions on behalf of the Servicer; provided that the Servicer shall remain obligated and be liable to the Trust for servicing and administering the Contracts in the Contract Pool in accordance with the provisions of this Agreement without diminution of such obligation and liability by virtue of the appointment of such subservicer, to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering such Contracts. The fees and expenses of the subservicer (if any) will be as agreed between the Servicer and its subservicer and neither the Owner Trustee, the Trust, the Indenture Trustee nor any Noteholder Noteholder, the Class A-3 Swap Counterparty or Equity Certificateholder will have any responsibility therefor. All actions of a subservicer taken pursuant to such a subservicing agreement will be taken as an agent of the Servicer with the same force and effect as though performed by the Servicer.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (NCT Funding Co LLC), Pooling and Servicing Agreement (Cit Equipment Collateral 2003-Ef1)

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Subservicers. The Servicer may enter into servicing agreements with one or more subservicers (including Nuvotron, Inc. or any other Affiliate of the any Servicer) to perform all or a portion of the servicing functions on behalf of the Servicer; provided that the Servicer shall will remain obligated and be liable to the Trust Issuer and the Holders for servicing and administering the Contracts in the Contract Pool Leases in accordance with the provisions of this Agreement without diminution of such obligation and liability by virtue of the appointment of such subservicer, to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering such Contractsthe Leases. The fees and expenses of the subservicer (if any) will be as agreed between the Servicer and its subservicer and neither the Issuer, the Owner Trustee, the Trust, the Indenture Trustee nor any Noteholder or Equity Certificateholder the Holders will have any responsibility therefor. All actions of a subservicer taken pursuant to such a subservicing subservicer agreement will be taken as an agent of the Servicer with the same force and effect as though performed by the Servicer.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Tl Lease Funding Corp Iv), Pooling and Servicing Agreement (Trans Leasing International Inc)

Subservicers. The Servicer may enter into servicing agreements with one or more subservicers (including any Affiliate of the Servicer) to perform all or a portion of the servicing functions on behalf of the Servicer; provided that provided, that, the Servicer shall remain obligated and be liable to the Trust Issuer for servicing and administering the Contracts Loans in the Contract Loan Pool in accordance with the provisions of this Agreement without diminution of such obligation and liability by virtue of the appointment of such subservicer, to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering such ContractsLoans. The fees and expenses of the subservicer (if any) will be as agreed between the Servicer and its subservicer and neither the Owner Trustee, the TrustIssuer, the Indenture Trustee Trustee, the Swap Counterparties nor any Noteholder or Equity Certificateholder the Holders will have any responsibility therefor. All actions of a subservicer taken pursuant to such a subservicing subservicer agreement will be taken as an agent of the Servicer with the same force and effect as though performed by the Servicer.

Appears in 2 contracts

Samples: Transfer and Servicing Agreement (American Capital Strategies LTD), Transfer and Servicing Agreement (American Capital Strategies LTD)

Subservicers. The Servicer may enter into servicing agreements with one or more subservicers (including any Affiliate of the Servicer) to perform all or a portion of the servicing functions on behalf of the Servicer; provided PROVIDED that the Servicer shall remain obligated and be liable to the Trust for servicing and administering the Contracts Loans in the Contract Loan Pool in accordance with the provisions of this Agreement without diminution of such obligation and liability by virtue of the appointment of such subservicer, to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering such ContractsLoans. The fees and expenses of the subservicer (if any) will be as agreed between the Servicer and its subservicer and neither the Owner Trustee, the Trust, the Indenture Trustee nor any Noteholder or Equity Certificateholder the Holders will have any responsibility therefor. All actions of a subservicer taken pursuant to such a subservicing subservicer agreement will be taken as an agent of the Servicer with the same force and effect as though performed by the Servicer.

Appears in 1 contract

Samples: Acas Transfer Agreement (American Capital Strategies LTD)

Subservicers. The Servicer may enter into servicing agreements with one or more subservicers (including any Affiliate of acceptable to the Servicer) Certificate Insurer to perform all or a portion of the servicing functions on behalf of the Servicer; provided that the Servicer shall will remain obligated and be liable to the Trustee and the Trust for servicing and administering the Contracts in the Contract Pool Leases in accordance with the provisions of this Agreement without diminution of such obligation and liability by virtue of the appointment of such subservicer, to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering such Contractsthe Leases. The fees and expenses of the subservicer (if any) will be as agreed between the Servicer and its subservicer and neither the Owner Trustee, the Trust, the Indenture Trustee Certificateholders nor any Noteholder or Equity Certificateholder the Certificate Insurer will have any responsibility therefor. All actions of a subservicer taken pursuant to such a subservicing subservicer agreement will be taken as an agent of the Servicer with the same force and effect as though performed by the Servicer.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First Sierra Receivables Ii Inc)

Subservicers. The Servicer may enter into servicing agreements with one or more subservicers (including any Affiliate of the Servicer) to perform all or a portion of the servicing functions on behalf of the Servicer; provided PROVIDED, that the Servicer shall will remain obligated and be liable to the Trust Indenture Trustee and the Issuers for servicing and administering the Contracts in the Contract Pool in accordance with the provisions of this Agreement without diminution of such obligation and liability by virtue of the appointment of such subservicer, to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering such the Contracts. The fees and expenses of the subservicer (if any) will be as agreed between the Servicer and its subservicer and paid by the Servicer from its own funds, and neither the Owner Indenture Trustee, the Trust, Issuers nor the Indenture Trustee nor any Noteholder or Equity Certificateholder Noteholders will have any responsibility therefor. All actions of a subservicer taken pursuant to such a subservicing subservicer agreement will be taken as an agent of the Servicer with the same force and effect as though performed by the Servicer. Each subservicing agreement, if any, shall provide that upon the occurrence of an Event of Servicing Termination, the successor Servicer may assume or reject such subservicing agreement.

Appears in 1 contract

Samples: Servicing Agreement (HPSC Inc)

Subservicers. The Servicer may enter into servicing agreements with one or more subservicers (including any Affiliate of the Servicer) to perform all or a portion of the servicing functions on behalf of the Servicer; provided that the Servicer shall remain obligated and be liable to the Trust for servicing and administering the Contracts in the Contract Pool in accordance with the provisions of this Agreement without diminution of such obligation and liability by virtue of the appointment of such subservicer, to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering such Contracts. The fees and expenses of the subservicer (if any) will be as agreed between the Servicer and its subservicer and neither the Owner Trustee, the Trust, the Indenture Trustee nor any Noteholder or Equity Certificateholder the Holders will have any responsibility therefor. All actions of a subservicer taken pursuant to such a subservicing subservicer agreement will be taken as an agent of the Servicer with the same force and effect as though performed by the Servicer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Heller Funding Corp)

Subservicers. The Servicer may enter into servicing agreements with one or more subservicers (including any Affiliate of the Servicer) to perform all or a portion of the servicing functions on behalf of the Servicer; provided that the Servicer shall remain obligated and be liable to the Trust for servicing and administering the Contracts in the Contract Pool in accordance with the provisions of this Agreement without diminution of such obligation and liability by virtue of the appointment of such subservicer, to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering such Contracts. The fees and expenses of the subservicer (if any) will be as agreed between the Servicer and its subservicer and neither the Owner Issuer Trustee, the Trust, the Indenture Trustee Collateral Agent nor any Noteholder or Equity Certificateholder the Holders will have any responsibility therefor. All actions of a subservicer taken pursuant to such a subservicing subservicer agreement will be taken as an agent of the Servicer with the same force and effect as though performed by the Servicer.

Appears in 1 contract

Samples: Agency and Servicing Agreement (Newcourt Receivables Corp)

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