THE SERVICER AND THE ISSUER Sample Clauses

THE SERVICER AND THE ISSUER. Section 6.01 No Assignment; Merger or Consolidation. 78 Section 6.02 Liability and Indemnification. 78 Section 6.03 Eligibility; Successor, the Servicer or the Special Servicer. 80
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THE SERVICER AND THE ISSUER. Section 6.01 No Assignment; Merger or Consolidation 78 Section 6.02 Liability and Indemnification 78 Section 6.03 Eligibility; Successor, the Servicer or the Special Servicer 80 ARTICLE VII REPRESENTATIONS AND WARRANTIES; TERMINATION EVENTS Section 7.01 Representations and Warranties 81 Section 7.02 Servicer Termination Event 87 Section 7.03 Termination of the Special Servicer by the Collateral Manager 90 Section 7.04 [Reserved] 90 Section 7.05 [Reserved] 90 Section 7.06 [Reserved] 90 Section 7.07 Note Administrator/Trustee Termination Event 90 Section 7.08 Trustee to Act; Appointment of Successor 92 Section 7.09 Closing Conditions; Issuer Covenants 92 Section 7.10 Collateral Manager Termination Event 93 Section 7.11 Post-Closing Performance Conditions 94
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THE SERVICER AND THE ISSUER. Section 6.01 No Assignment; Merger or Consolidation 73 Section 6.02 Liability and Indemnification 73 Section 6.03 Eligibility; Successor, the Servicer or the Special Servicer 75 ARTICLE VII REPRESENTATIONS AND WARRANTIES; TERMINATION EVENTS Section 7.01 Representations and Warranties 76 Section 7.02 Servicer Termination Event 82 Section 7.03 Termination of the Special Servicer 84 Section 7.04 [Reserved] 84 Section 7.05 [Reserved] 84 Section 7.06 Trustee to Act; Appointment of Successor 84
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THE SERVICER AND THE ISSUER. 18 Section 5.01. Servicer Indemnification.............................................................18 Section 5.02. Corporate Existence; Reorganizations.................................................18 Section 5.03. Limitation on Liability of the Servicer and Others...................................19 Section 5.04. Servicer Not to Resign...............................................................19 Section 5.05. Issuer Indemnification...............................................................19
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THE SERVICER AND THE ISSUER. 16 Section 5.01.
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THE SERVICER AND THE ISSUER. Section 6.01 No Assignment; Merger or Consolidation. 76
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THE SERVICER AND THE ISSUER 
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Related to THE SERVICER AND THE ISSUER

  • THE DEPOSITARY, THE CUSTODIANS AND THE ISSUER SECTION 5.1

  • THE DEPOSITOR AND THE SERVICER Section 7.01 Respective Liabilities of the Depositor and the Servicer...... Section 7.02 Merger or Consolidation of the Depositor or the Servicer...... Section 7.03 Limitation on Liability of the Depositor, the Servicer and Others.................................................. Section 7.04 Depositor and Servicer Not to Resign.........................

  • THE SELLER AND THE MASTER SERVICER Section 6.01 Liability of the Seller and the Master Servicer............... Section 6.02 Merger or Consolidation of the Seller or the Master Servicer.....................................................

  • THE DEPOSITOR AND THE MASTER SERVICER SECTION 6.01. Respective Liabilities of the Depositor and the Master Servicer.......................VI-1 SECTION 6.02. Merger or Consolidation of the Depositor or the Master Servicer.......................VI-1 SECTION 6.03. Limitation on Liability of the Depositor, the Sellers, the Master Servicer and Others................................................................................VI-1 SECTION 6.04. Limitation on Resignation of Master Servicer..........................................VI-2 ARTICLE VII DEFAULT

  • Reports to the Trustee and the Company Not later than fifteen days after each Distribution Date, the Master Servicer shall forward to the Trustee and the Company a statement, certified by a Servicing Officer, setting forth the status of the Custodial Account as of the close of business on such Distribution Date as it relates to the Mortgage Loans and showing, for the period covered by such statement, the aggregate of deposits in or withdrawals from the Custodial Account in respect of the Mortgage Loans for each category of deposit specified in Section 3.07 and each category of withdrawal specified in Section 3.10.

  • Liability of the Depositor and the Master Servicer The Depositor and the Master Servicer each shall be liable in accordance herewith only to the extent of the obligations specifically imposed by this Agreement and undertaken hereunder by the Depositor and the Master Servicer herein.

  • Duties of the Trustee and the Certificate Administrator (a) The Trustee, prior to the occurrence of a Servicer Termination Event of which a Responsible Officer of the Trustee has actual knowledge and after the curing or waiver of all Servicer Termination Events which may have occurred, undertakes to perform such duties and only such duties as are specifically set forth in this Agreement and no permissive right of the Trustee shall be construed as a duty. During the continuance of a Servicer Termination Event of which a Responsible Officer of the Trustee has actual knowledge, the Trustee, subject to the provisions of Section 7.02 and Section 7.04 of this Agreement, shall exercise such of the rights and powers vested in it by this Agreement, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs. The Certificate Administrator undertakes to perform at all times such duties and only such duties as are specifically set forth in this Agreement and no permissive right of the Certificate Administrator shall be construed as a duty.

  • Obligations of the Depositary, the Custodian and the Issuer The Issuer assumes no obligation nor shall it be subject to any liability under this Deposit Agreement to Owners or holders of Receipts, except that it agrees to perform its obligations specifically set forth in this Deposit Agreement without negligence or bad faith. The Depositary assumes no obligation nor shall it be subject to any liability under this Deposit Agreement to any Owner or holder of any Receipt (including, without limitation, liability with respect to the validity or worth of the Deposited Securities), except that it agrees to perform its obligations specifically set forth in this Deposit Agreement without negligence or bad faith. Neither the Depositary nor the Issuer shall be under any obligation to appear in, prosecute or defend any action, suit or other proceeding in respect of any Deposited Securities or in respect of the Receipts, which in its opinion may involve it in expense or liability, unless indemnity satisfactory to it against all expense and liability shall be furnished as often as may be required, and the Custodian shall not be under any obligation whatsoever with respect to such proceedings, the responsibility of the Custodian being solely to the Depositary. Neither the Depositary nor the Issuer shall be liable for any action or nonaction by it in reliance upon the advice of or information from legal counsel, accountants, any person presenting Shares for deposit, any Owner or any other person believed by it in good faith to be competent to give such advice or information. The Depositary shall not be liable for any acts or omissions made by a successor depositary whether in connection with a previous act or omission of the Depositary or in connection with any matter arising wholly after the removal or resignation of the Depositary, provided that in connection with the issue out of which such potential liability arises the Depositary performed its obligations without negligence or bad faith while it acted as Depositary. The Depositary shall not be responsible for any failure to carry out any instructions to vote any of the Deposited Securities, or for the manner in which any such vote is cast or the effect of any such vote, provided that any such action or nonaction is in good faith. No disclaimer of liability under the Securities Act of 1933 is intended by any provision of this Deposit Agreement.

  • THE COMPANY AND THE MASTER SERVICER Section 6.01. Respective Liabilities of the Company and the Master Servicer. The Company and the Master Servicer shall each be liable in accordance herewith only to the extent of the obligations specifically and respectively imposed upon and undertaken by the Company and the Master Servicer herein. By way of illustration and not limitation, the Company is not liable for the servicing and administration of the Mortgage Loans, nor is it obligated by Section 7.01 or Section 10.01 to assume any obligations of the Master Servicer or to appoint a designee to assume such obligations, nor is it liable for any other obligation hereunder that it may, but is not obligated to, assume unless it elects to assume such obligation in accordance herewith.

  • CONCERNING THE TRUSTEE AND THE SECURITIES ADMINISTRATOR Section 8.1

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