Common use of Successors and Assigns; Assignment of Servicing Agreement Clause in Contracts

Successors and Assigns; Assignment of Servicing Agreement. This Agreement shall bind and inure to the benefit of and be enforceable by the Servicer, the Seller, the NIMS Insurer and the Master Servicer and their respective successors and assigns. This Agreement shall not be assigned, pledged or hypothecated by the Servicer. Notwithstanding anything to the contrary herein, the Servicer may pledge or assign as collateral all of its rights, title and interest (but none of its obligations) under this Agreement to a lender financing any of the advancing obligations of the Servicer hereunder or the purchase of the servicing rights with respect to the Mortgage Loans; provided, that (i) any such lender shall not, by virtue of such assignment, have the right to become a successor servicer under this Agreement, (ii) such assignment shall not impair any rights or claims that the Seller, the Master Servicer, the NIMS Insurer or the Trustee may have against the Servicer and (iii) the Seller, the Master Servicer, the NIMS Insurer and the Trustee shall have no obligation or liability to such lender with respect to this Agreement or any rights of the Servicer hereunder.

Appears in 3 contracts

Samples: Securitization Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-Bc10), Securitization Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-Bc1), Securitization Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2003 Bc1)

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Successors and Assigns; Assignment of Servicing Agreement. This Agreement shall bind and inure to the benefit of and be enforceable by the Servicer, the Seller, the NIMS Insurer and the Master Servicer and their respective successors and assigns. This Agreement shall not be assigned, pledged or hypothecated by the ServicerServicer to a and shall not be assigned, pledged or hypothecated by the Seller without the prior written consent of the NIMS Insurer except as to the extent provided in Section 9.12. Notwithstanding anything to the contrary herein, the Servicer may pledge or assign as collateral all of its rights, title and interest (but none of its obligations) under this Agreement to a lender financing any of the advancing obligations of the Servicer hereunder or the purchase of the servicing rights or any Servicing Advances or Monthly Advances with respect to the Mortgage Loans; provided, that (i) any such lender shall not, by virtue of such assignment, have the right to become a successor servicer under this Agreement, (ii) such assignment shall not impair any rights or claims that the Seller, the Master Servicer, the NIMS Insurer Insurer, the Trust Fund or the Trustee may have against the Servicer and (iii) the Seller, the Master Servicer, the NIMS Insurer and the Trustee shall have no obligation or liability to such lender with respect to this Agreement or any rights of the Servicer hereunder.

Appears in 3 contracts

Samples: Securitization Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Certs Ser 2003 S1), Securitization Servicing Agreement (Structured Asset Inv Loan Mort Pass Thru Cer Ser 2003-Bc7), Securitization Servicing Agreement (Aames Mortgage Tr Mort Pas Thru Cert Sers 2003-1)

Successors and Assigns; Assignment of Servicing Agreement. This Agreement shall bind and inure to the benefit of and be enforceable by the Servicer, the Seller, the NIMS Insurer Seller and the Master Servicer and their respective successors and assigns. This Agreement shall not be assigned, pledged or hypothecated by the Servicer. Notwithstanding anything to the contrary herein, the Servicer may pledge or assign as collateral all of its rights, title and interest (but none of its obligations) under this Agreement to a lender financing any of the advancing obligations of the Servicer hereunder or the purchase of the servicing rights with respect to the Mortgage Loans; provided, that (i) any such lender shall not, by virtue of such assignment, have the right to become a successor servicer under this Agreement, (ii) such assignment shall not impair any rights or claims that the Seller, the Master Servicer, the NIMS Insurer Servicer or the Trustee may have against the Servicer and (iii) the Seller, the Master Servicer, the NIMS Insurer Servicer and the Trustee shall have no obligation or liability to such lender with respect to this Agreement or any rights of the Servicer hereunder.

Appears in 1 contract

Samples: Securitization Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002 Hf2)

Successors and Assigns; Assignment of Servicing Agreement. This Agreement shall bind and inure to the benefit of and be enforceable by the Servicer, the Seller, the NIMS Insurer and the Master Servicer and their respective successors and assigns. This Agreement shall not be assigned, pledged or hypothecated by the Servicer, except pursuant to Section 7.03. Notwithstanding anything to the contrary herein, the Servicer may pledge or assign as collateral all of its rights, title and interest (but none of its obligations) under this Agreement to a lender financing any of the advancing obligations of the Servicer hereunder or the purchase of the servicing rights with respect to the Mortgage Loans; provided, that (i) any such lender shall not, by virtue of such assignment, have the right to become a successor servicer under this Agreement, (ii) such assignment shall not impair any rights or claims that the Seller, the Master Servicer, the NIMS Insurer or the Trustee may have against the Servicer and (iii) the Seller, the Master Servicer, the NIMS Insurer and the Trustee shall have no obligation or liability to such lender with respect to this Agreement or any rights of the Servicer hereunder.

Appears in 1 contract

Samples: Securitization Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2003-Bc2)

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Successors and Assigns; Assignment of Servicing Agreement. This Agreement shall bind and inure to the benefit of and be enforceable by the Servicer, the Seller, the NIMS Insurer Seller and the Master Servicer and their respective successors and assigns. This Agreement shall not be assigned, pledged or hypothecated by the ServicerServicer to a and shall not be assigned, pledged or hypothecated by the Seller without the prior written consent of the Master Servicer and the Seller except as to the extent provided in Section 9.12. Notwithstanding anything to the contrary herein, the Servicer may pledge or assign as collateral all of its rights, title and interest (but none of its obligations) under this Agreement to a lender financing any of the advancing obligations of the Servicer hereunder or the purchase of the servicing rights or any Servicing Advances or Monthly Advances with respect to the Mortgage Loans; provided, that (i) any such lender shall not, by virtue of such assignment, have the right to become a successor servicer under this Agreement, (ii) such assignment shall not impair any rights or claims that the Seller, the Master Servicer, the NIMS Insurer Trust Fund or the Trustee may have against the Servicer and (iii) the Seller, the Master Servicer, the NIMS Insurer Servicer and the Trustee shall have no obligation or liability to such lender with respect to this Agreement or any rights of the Servicer hereunder.

Appears in 1 contract

Samples: Securitization Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Certs Ser 2003 S1)

Successors and Assigns; Assignment of Servicing Agreement. This Agreement shall bind and inure to the benefit of and be enforceable by the Servicer, the Seller, the NIMS Insurer and the Master Servicer and their respective successors and assigns. This Agreement shall not be assigned, pledged or hypothecated by the ServicerServicer to a and shall not be assigned, pledged or hypothecated by the Seller without the prior written consent of the NIMS Insurer except as to the extent provided in Section 9.12. Notwithstanding anything to the contrary herein, the Servicer may pledge or assign as collateral all of its rights, title and interest (but none of its obligations) under this Agreement to a lender financing any of the advancing obligations of the Servicer hereunder or the purchase of the servicing rights with respect to the Mortgage Loans; provided, that (i) any such lender shall not, by virtue of such assignment, have the right to become a successor servicer under this Agreement, (ii) such assignment shall not impair any rights or claims that the Seller, the Master Servicer, the NIMS Insurer Insurer, the Trust Fund or the Trustee may have against the Servicer and (iii) the Seller, the Master Servicer, the NIMS Insurer and the Trustee shall have no obligation or liability to such lender with respect to this Agreement or any rights of the Servicer hereunder.

Appears in 1 contract

Samples: Securitization Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 2003 Am1)

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