The Backup Servicer. (a) Prior to assuming any of the Servicer’s rights and obligations hereunder the Backup Servicer shall only be required to perform those duties specifically imposed upon it by the provisions of this Agreement and the Backup Servicing Agreement, and no implied obligations shall be read into this Agreement and therein against the Backup Servicer. Such duties generally relate to following the provisions herein and therein which would permit the Backup Servicer to assume some or all of the Servicer’s rights and obligations hereunder (as modified or limited herein or in the Backup Servicing Agreement) with reasonable dispatch, following written notice. The Backup Servicer, prior to assuming any of the Servicer’s duties hereunder, may not resign hereunder unless it arranges for a successor Backup Servicer reasonably acceptable to the Servicer and the Seller, with not less than thirty (30) days’ notice delivered to the Servicer and the Seller. The Backup Servicer shall have no obligations or duties under any agreement to which it is not a party, including but not limited to the various agreements named herein.
The Backup Servicer. (a) The Issuer, the Indenture Trustee and the Trust Depositor hereby appoint Wxxxx Fargo Bank, National Association to act as Backup Servicer in accordance with the terms of this Agreement. Wxxxx Fargo Bank, National Association hereby accepts such appointment and agrees to perform the duties and responsibilities with respect thereto set forth herein.
The Backup Servicer. (a) The Issuer, the Indenture Trustee and the Trust Depositor hereby appoint Xxxxx Fargo Bank Minnesota, National Association to act as Backup Servicer in accordance with the terms of this Agreement. Xxxxx Fargo Bank Minnesota, National Association hereby accepts such appointment and agrees to perform the duties and responsibilities with respect thereto set forth herein.
The Backup Servicer. Section 8.01.
The Backup Servicer. (a) Prior to assuming any of the Servicer's rights and obligations hereunder the Backup Servicer shall only be responsible to perform those duties specifically imposed upon it by the provisions of the Backup Servicing Agreement, and no implied obligations shall be read into this Agreement against the Backup Servicer. Such duties generally relate to following the provisions herein which would permit the Backup Servicer to assume some or all of the Servicer's rights and obligations hereunder (as modified or limited herein or in the Backup Servicing Agreement) with reasonable dispatch, following notice. The Backup Servicer, prior to assuming any of the Servicer's duties hereunder, may not resign hereunder unless it arranges for a successor Backup Servicer reasonably acceptable to the Servicer, the Seller and the Controlling Party or the Indenture Trustee, if both a Class A Insurer Default and a Backup Insurer Default have occurred and are continuing, with not less than 30 days' notice delivered to the Class A Insurer, the Backup Insurer, the Servicer and the Seller. Prior to its becoming successor Servicer, the Backup Servicer shall have only those duties and obligations imposed by it under this Agreement, and shall have no obligations or duties under any agreement to which it is not a party, including but not limited to the various agreements named herein.
The Backup Servicer. (a) The Issuer and the Trust Depositor hereby appoint Lyon Financial Services, Inc. to act as Backup Servicer in accordance with the terms of this Agreement. Lyon Financial Services, Inc. hereby accepts such appointment and agrees to perform the duties and responsibilities with respect thereto set forth herein.
The Backup Servicer. (a) Prior to assuming any of the Servicer’s rights and obligations hereunder the Backup Servicer shall only be responsible to perform those duties specifically imposed upon it by the provisions hereof. Such duties generally relate to following the provisions herein which would permit the Backup Servicer to assume some or all of the Servicer’s rights and obligations hereunder with reasonable dispatch, following notice. The Backup Servicer, prior to assuming any of the Servicer’s duties hereunder, may not resign hereunder unless (i) it arranges for a successor Backup Servicer reasonably acceptable to the Servicer, the Seller and the Controlling Party, and, if [an Insurer Default has occurred and is continuing or] the Termination Date has occurred, the Rating Agencies, with not less than 60 days’ notice delivered to the Controlling Party, the Rating Agencies, the Servicer and the Seller and (ii) such successor Backup Servicer has consented in writing to such appointment. Prior to its becoming Successor Servicer, the Backup Servicer shall have only those duties and obligations imposed by it under this Agreement, and shall have no obligations or duties under any agreement to which it is not a party, including the various agreements named herein.
The Backup Servicer. (a) Prior to assuming any of the Servicer's rights and obligations hereunder the Backup Servicer shall only be responsible to perform those duties specifically imposed upon it by the provisions hereof. Such duties generally relate to following procedures which would permit the Backup Servicer to assume some or all of the Servicer's rights and obligations hereunder with reasonable dispatch, following notice. The Backup Servicer, prior to assuming any of the Servicer's duties hereunder may not resign hereunder unless it arranges for a successor Backup Servicer reasonably acceptable to each Rating Agency with not less than 60 days' notice delivered to the Servicer and the Depositor. Prior to its becoming successor servicer, the Backup Servicer shall have only those duties and obligations imposed by it under this Agreement, and shall have no obligations or duties under any agreement to which it is not a party, including but not limited to the various agreements named herein. In its capacity as successor servicer and as Backup Servicer, Bankers Trust Company of California, N.A. shall in no event be liable for any obligations of the Unaffiliated Seller or the Servicer to any party, whether hereunder or under any other agreement, which are not related to servicing functions, including, without limitation, any repurchase obligations.
The Backup Servicer. (a) In the event that (i) a Servicer Termination Event has occurred and is continuing or (ii)
The Backup Servicer. Section 7.1. Designation of the Backup Servicer Section 7.2. Duties of the Backup Servicer Section 7.3. Merger or Consolidation Section 7.4. Backup Servicing Compensation Section 7.5. Backup Servicer Removal Section 7.6. Limitation on Liability Section 7.7. The Backup Servicer Not to Resign
