Common use of Total Servicing Fee; Payment of Certain Expenses by Servicer Clause in Contracts

Total Servicing Fee; Payment of Certain Expenses by Servicer. On each Distribution Date, the Servicer will be entitled to receive out of the Collection Account the Base Servicing Fee and any Supplemental Servicing Fee for the related Collection Period (together, the "Servicing Fee") pursuant to Section 5.7. The Servicer will be required to pay all expenses incurred by it in connection with its activities under this Agreement (including taxes imposed on the Servicer, expenses incurred in connection with distributions and reports made by the Servicer to Noteholders or the Insurer and, to the extent not provided for pursuant to Section 5.7, all other fees and out-of-pocket expenses of the Owner Trustee, the Backup Servicer, and the Indenture Trustee, except taxes levied or assessed against the Trust, the Owner Trustee, the Backup Servicer or the Indenture Trustee, and claims against the Trust, the Owner Trustee, the Backup Servicer or the Indenture Trustee in respect of indemnification, which taxes and claims in respect of indemnification against the Trust are expressly stated to be for the account of Triad). The Servicer will, to the extent not provided for pursuant to Section 5.7, be liable for the fees and out-of-pocket expenses of the Owner Trustee, the Backup Servicer, the Indenture Trustee, the Custodian, the Processing Bank (and any fees under the Blocked Account Agreement) and the Independent Accountants, except taxes levied or assessed against such parties. Notwithstanding the foregoing, if the Servicer is not Triad, a successor to Triad as Servicer including the Backup Servicer permitted by Section 9.3 will not be liable for taxes levied or assessed against the Trust or claims against the Trust in respect of indemnification, or the fees and expenses referred to above.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Triad Financial Special Purpose LLC), Sale and Servicing Agreement (Triad Automobile Receivables Trust 2006-B), Sale and Servicing Agreement (Triad Automobile Receivables Trust 2006-A)

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Total Servicing Fee; Payment of Certain Expenses by Servicer. On each Distribution Date, the Servicer will be entitled to receive out of the Collection Account the Base Servicing Fee and any Supplemental Servicing Fee for the related Collection Period (together, the "Servicing Fee") pursuant to Section 5.7. The Servicer will be required to pay all expenses incurred by it in connection with its activities under this Agreement (including taxes imposed on the Servicer, expenses incurred in connection with distributions and reports made by the Servicer to Noteholders or the Insurer and, to the extent not provided for pursuant to Section 5.7, all other fees and out-of-pocket expenses of the Owner Trustee, the Backup Servicer, and the Indenture Trustee, except taxes levied or assessed against the Trust, the Owner Trustee, the Backup Servicer or the Indenture Trustee, and claims against the Trust, the Owner Trustee, the Backup Servicer or the Indenture Trustee in respect of indemnification, which taxes and claims in respect of indemnification against the Trust are expressly stated to be for the account of Triad). The Servicer will, to the extent not provided for pursuant to Section 5.7, be liable for the fees and out-of-pocket expenses of the Owner Trustee, the Backup Servicer, the Indenture Trustee, the Custodian, the Processing Bank (and any fees under the Blocked Account Agreement) and the Independent Accountants, except taxes levied or assessed against such parties. Notwithstanding the foregoing, if the Servicer is not Triad, a successor to Triad as Servicer including the Backup Servicer permitted by Section 9.3 will not be liable for taxes levied or assessed against the Trust or claims against the Trust in respect of indemnification, or the fees and expenses referred to above.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Triad Financial Special Purpose LLC), Sale and Servicing Agreement (Triad Financial Special Purpose LLC), Sale and Servicing Agreement (Triad Financial Special Purpose LLC)

Total Servicing Fee; Payment of Certain Expenses by Servicer. On each Distribution Date, the Servicer will shall be entitled to receive out of the Collection Account the Base Servicing Fee and any Supplemental Servicing Fee for the related Collection Period (together, the "Servicing Fee") pursuant to Section 5.7. The Servicer will shall be required to pay all expenses incurred by it in connection with its activities under this Agreement (including taxes imposed on the Servicer, expenses incurred in connection with distributions and reports made by the Servicer to Noteholders or the Insurer and, to the extent not provided for pursuant to Section 5.7, and all other fees and out-of-pocket expenses of the Owner Trustee, the Collateral Agent, the Backup Servicer, and the Indenture Trust Collateral Agent or the Trustee, except taxes levied or assessed against the Trust, the Owner Trustee, the Backup Servicer or the Indenture Trustee, and claims against the Trust, the Owner Trustee, the Backup Servicer or the Indenture Trustee Trust in respect of indemnification, which taxes and claims in respect of indemnification against the Trust are expressly stated to be for the account of TriadAmeriCredit). The Servicer will, to the extent not provided for pursuant to Section 5.7, shall be liable for the fees and out-of-pocket expenses of the Owner Trustee, the Backup Servicer, the Indenture Trust Collateral Agent, the Trustee, the Custodian, the Processing Backup Servicer, the Collateral Agent, the Lockbox Bank (and any fees under the Blocked Account Lockbox Agreement) and the Independent Accountants, except taxes levied or assessed against such parties. Notwithstanding the foregoing, if the Servicer is shall not Triadbe AmeriCredit, a successor to Triad AmeriCredit as Servicer including the Backup Servicer backup servicer permitted by Section 9.3 will shall not be liable for taxes levied or assessed against the Trust or claims against the Trust in respect of indemnification, or the fees and expenses referred to above.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Americredit Financial Services Inc), Sale and Servicing Agreement (Americredit Financial Services Inc)

Total Servicing Fee; Payment of Certain Expenses by Servicer. On each Distribution Date, the Servicer will be entitled to receive out of the Collection Account the Base Servicing Fee and any Supplemental Servicing Fee for the related Collection Period (together, the "Servicing Fee") pursuant to Section 5.7. The Servicer will be required to pay all expenses incurred by it in connection with its activities under this Agreement (including taxes imposed on the Servicer, expenses incurred in connection with distributions and reports made by the Servicer to Noteholders [or the Insurer Insurer] and, to the extent not provided for pursuant to Section 5.7, all other fees and out-of-pocket expenses of the Owner Trustee, the Backup Servicer, and the Indenture Trustee, except taxes levied or assessed against the Trust, the Owner Trustee, the Backup Servicer or the Indenture Trustee, and claims against the Trust, the Owner Trustee, the Backup Servicer or the Indenture Trustee in respect of indemnification, which taxes and claims in respect of indemnification against the Trust are expressly stated to be for the account of Triad). The Servicer will, to the extent not provided for pursuant to Section 5.7, be liable for the fees and out-of-pocket expenses of the Owner Trustee, the Backup Servicer, the Indenture Trustee, the Custodian, the Processing Bank (and any fees under the Blocked Account Agreement) and the Independent Accountants, Accountants except taxes levied or assessed against such parties. Notwithstanding the foregoing, if the Servicer is not Triad, a successor to Triad as Servicer including the Backup Servicer permitted by Section 9.3 will not be liable for taxes levied or assessed against the Trust or claims against the Trust in respect of indemnification, or the fees and expenses referred to above.

Appears in 2 contracts

Samples: Sale and Servicing (Triad Financial Special Purpose LLC), Sale and Servicing (Triad Financial Special Purpose LLC)

Total Servicing Fee; Payment of Certain Expenses by Servicer. On each Distribution Date, the Servicer will be entitled to receive out of the Collection Account the Base Servicing Fee and any Supplemental Servicing Fee for the related Collection Period (together, the "Servicing Fee") pursuant to Section 5.7. The Servicer will be required to pay all expenses incurred by it in connection with its activities under this Agreement (including taxes imposed on the Servicer, expenses incurred in connection with distributions and reports made by the Servicer to Noteholders or the Insurer and, to the extent not provided for pursuant to Section 5.7, all other fees and out-of-pocket expenses of the Owner Trustee, the Backup Servicer, and the Indenture Trustee, except taxes levied or assessed against the Trust, the Owner Trustee, the Backup Servicer or the Indenture Trustee, and claims against the Trust, the Owner Trustee, the Backup Servicer or the Indenture Trustee in respect of indemnification, which taxes and claims in respect of indemnification against the Trust are expressly stated to be for the account of Triad). The Servicer will, to the extent not provided for pursuant to Section 5.7, be liable for the fees and out-of-pocket expenses of the Owner Trustee, the Backup Servicer, the Indenture Trustee, the Custodian, the Processing Lockbox Bank (and any fees under the Blocked Account Lockbox Agreement) and the Independent Accountants, Accountants except taxes levied or assessed against such parties. Notwithstanding the foregoing, if the Servicer is not Triad, a successor to Triad as Servicer including the Backup Servicer permitted by Section 9.3 will not be liable for taxes levied or assessed against the Trust or claims against the Trust in respect of indemnification, or the fees and expenses referred to above.

Appears in 2 contracts

Samples: Sale and Servicing (Triad Automobile Receivables Trust 2004-A), Sale and Servicing (Triad Automobile Receivables Trust 2002 A)

Total Servicing Fee; Payment of Certain Expenses by Servicer. On each Distribution Date, the Servicer will shall be entitled to receive out of the Collection Account the Base Servicing Fee and any Supplemental Servicing Fee for the related Collection Period (together, the "Servicing Fee") pursuant to Section 5.7. The Servicer will shall be required to pay all expenses incurred by it in connection with its activities under this Agreement (including taxes imposed on the Servicer, expenses incurred in connection with distributions and reports made by the Servicer to the Noteholders or the Insurer and, to the extent not provided for pursuant to Section 5.7, and all other fees and out-of-pocket expenses of the Owner Trustee, [the Backup Servicer, and Servicer or] the Indenture Trustee, except taxes levied or assessed against the Trust, the Owner Trustee, the Backup Servicer or the Indenture Trustee, Trust and claims against the Trust, the Owner Trustee, the Backup Servicer or the Indenture Trustee Trust in respect of indemnification, which taxes and claims in respect of indemnification against the Trust are expressly stated to be for the account of TriadExeter). The Servicer will, to the extent not provided for pursuant to Section 5.7, shall be liable for the fees and out-of-pocket expenses of the Owner Trustee, [the Backup Servicer, ,] the Indenture Trustee, the Custodian, [the Processing Lockbox Bank (and any fees under the Blocked Lockbox Account Agreement) ), and the Independent Accountants, except taxes levied Accountants to the extent any such fees and expenses have not been paid or assessed against such partiesreimbursed pursuant to Section 5.7 on any Distribution Date. Notwithstanding the foregoing, if the Servicer is shall not Triadbe Exeter, a successor to Triad Exeter as Servicer [including the Backup Servicer Servicer] permitted by Section 9.3 will shall not be liable for taxes levied or assessed against the Trust or claims against the Trust in respect of indemnification, or the fees and expenses referred to above.

Appears in 2 contracts

Samples: Sale and Servicing (Efcar, LLC), Sale and Servicing (Efcar, LLC)

Total Servicing Fee; Payment of Certain Expenses by Servicer. On each Distribution Date, the Servicer will shall be entitled to receive out of the Collection Account the Base Servicing Fee and any Supplemental Servicing Fee for the related Collection Period (together, the "Servicing FeeSERVICING FEE") pursuant to Section 5.7. The Servicer will shall be required to pay all expenses incurred by it in connection with its activities under this Agreement (including taxes imposed on the Servicer, expenses incurred in connection with distributions and reports made by the Servicer to Noteholders or the Insurer and, to the extent not provided for pursuant to Section 5.7, and all other fees and out-of-pocket expenses of the Owner Trustee, the Collateral Agent, the Backup Servicer, and the Indenture Trust Collateral Agent or the Trustee, except taxes levied or assessed against the Trust, the Owner Trustee, the Backup Servicer or the Indenture Trustee, and claims against the Trust, the Owner Trustee, the Backup Servicer or the Indenture Trustee Trust in respect of indemnification, which taxes and claims in respect of indemnification against the Trust are expressly stated to be for the account of TriadAmeriCredit). The Servicer will, to the extent not provided for pursuant to Section 5.7, shall be liable for the fees and out-of-pocket expenses of the Owner Trustee, the Backup Servicer, the Indenture Trust Collateral Agent, the Trustee, the Custodian, the Processing Backup Servicer, the Collateral Agent, the Lockbox Bank (and any fees under the Blocked Account Lockbox Agreement) and the Independent Accountants, except taxes levied or assessed against such parties. Notwithstanding the foregoing, if the Servicer is shall not Triadbe AmeriCredit, a successor to Triad AmeriCredit as Servicer including the Backup Servicer permitted by Section 9.3 will shall not be liable for taxes levied or assessed against the Trust or claims against the Trust in respect of indemnification, or the fees and expenses referred to above.

Appears in 2 contracts

Samples: Sale and Servicing (Americredit Financial Services Inc), Americredit Financial Services Inc

Total Servicing Fee; Payment of Certain Expenses by Servicer. On each Distribution Date, the Servicer will shall be entitled to receive out of the Collection Account the Base Servicing Fee and any Supplemental Servicing Fee for the related Collection Period (together, the "Servicing Fee") pursuant to Section 5.7. The Servicer will shall be required to pay all expenses incurred by it in connection with its activities under this Agreement (including taxes imposed on the Servicer, expenses incurred in connection with distributions and reports made by the Servicer to the Noteholders or the Insurer and, to the extent not provided for pursuant to Section 5.7, and all other fees and out-of-pocket expenses of the Owner Trustee, the Backup Servicer, and the Indenture Trust Collateral Agent or the Trustee, except taxes levied or assessed against the Trust, the Owner Trustee, the Backup Servicer or the Indenture Trustee, and claims against the Trust, the Owner Trustee, the Backup Servicer or the Indenture Trustee Trust in respect of indemnification, which taxes and claims in respect of indemnification against the Trust are expressly stated to be for the account of TriadAmeriCredit). The Servicer will, to the extent not provided for pursuant to Section 5.7, shall be liable for the fees and out-of-pocket expenses of the Owner Trustee, the Backup Servicer, the Indenture Trust Collateral Agent, the Trustee, the Custodian, the Processing Lockbox Bank [(and any fees under the Blocked Account Lockbox Agreement) )] and the Independent Accountants, except taxes levied or assessed against such parties. Notwithstanding the foregoing, if the Servicer is shall not Triadbe AmeriCredit, a successor to Triad AmeriCredit as Servicer including the Backup Servicer permitted by Section 9.3 will shall not be liable for taxes levied or assessed against the Trust or claims against the Trust in respect of indemnification, or the fees and expenses referred to above.

Appears in 1 contract

Samples: Sale and Servicing (AFS SenSub Corp.)

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Total Servicing Fee; Payment of Certain Expenses by Servicer. On each Distribution Date, the Servicer will shall be entitled to receive out of the Collection Account the Base Servicing Fee and any Supplemental Servicing Fee for the related Collection Period (together, the "Servicing FeeSERVICING FEE") pursuant to Section 5.7. The Servicer will shall be required to pay all expenses incurred by it in connection with its activities under this Agreement (including taxes imposed on the Servicer, expenses incurred in connection with distributions and reports made by the Servicer to the Noteholders or the Insurer and, to the extent not provided for pursuant to Section 5.7, and all other fees and out-of-pocket expenses of the Owner Trustee, the Backup Servicer, and the Indenture Trust Collateral Agent or the Trustee, except taxes levied or assessed against the Trust, the Owner Trustee, the Backup Servicer or the Indenture Trustee, and claims against the Trust, the Owner Trustee, the Backup Servicer or the Indenture Trustee Trust in respect of indemnification, which taxes and claims in respect of indemnification against the Trust are expressly stated to be for the account of TriadAmeriCredit). The Servicer will, to the extent not provided for pursuant to Section 5.7, shall be liable for the fees and out-of-pocket expenses of the Owner Trustee, the Backup Servicer, the Indenture Trust Collateral Agent, the Trustee, the Custodian, the Processing Lockbox Bank (and any fees under the Blocked Account Lockbox Agreement) and the Independent Accountants, except taxes levied or assessed against such parties. Notwithstanding the foregoing, if the Servicer is shall not Triadbe AmeriCredit, a successor to Triad AmeriCredit as Servicer including the Backup Servicer permitted by Section 9.3 will shall not be liable for taxes levied or assessed against the Trust or claims against the Trust in respect of indemnification, or the fees and expenses referred to above.

Appears in 1 contract

Samples: Sale and Servicing (Americredit Financial Services Inc)

Total Servicing Fee; Payment of Certain Expenses by Servicer. On each Distribution Date, the Servicer will be entitled to receive out of the Collection Account the Base Servicing Fee and any Supplemental Servicing Fee for the related Collection Period (together, the "Servicing Fee") pursuant to Section 5.7. The Servicer will be required to pay all expenses incurred by it in connection with its activities under this Agreement (including taxes imposed on the Servicer, expenses incurred in connection with distributions and reports made by the Servicer to Noteholders or the Insurer and, to the extent not provided for pursuant to Section 5.7, all other fees and out-of-of- pocket expenses of the Owner Trustee, the Backup Servicer, and the Indenture Trustee, except taxes levied or assessed against the Trust, the Owner Trustee, the Backup Servicer or the Indenture Trustee, and claims against the Trust, the Owner Trustee, the Backup Servicer or the Indenture Trustee in respect of indemnification, which taxes and claims in respect of indemnification against the Trust are expressly stated to be for the account of Triad). The Servicer will, to the extent not provided for pursuant to Section 5.7, be liable for the fees and out-of-pocket expenses of the Owner Trustee, the Backup Servicer, the Indenture Trustee, the Custodian, the Processing Lockbox Bank (and any fees under the Blocked Account Lockbox Agreement) and the Independent Accountants, Accountants except taxes levied or assessed against such parties. Notwithstanding the foregoing, if the Servicer is not Triad, a successor to Triad as Servicer including the Backup Servicer permitted by Section 9.3 will not be liable for taxes levied or assessed against the Trust or claims against the Trust in respect of indemnification, or the fees and expenses referred to above.

Appears in 1 contract

Samples: Sale and Servicing (Triad Automobile Receivables Trust 2003-B)

Total Servicing Fee; Payment of Certain Expenses by Servicer. On each Distribution Date, the Servicer will shall be entitled to receive out of the Collection Account the Base Servicing Fee and any Supplemental Servicing Fee for the related Collection Period (together, the "Servicing Fee") pursuant to Section 5.7. The Servicer will shall be required to pay all expenses incurred by it in connection with its activities under this Agreement (including taxes imposed on the Servicer, expenses incurred in connection with distributions and reports made by the Servicer to the Noteholders or the Insurer and, to the extent not provided for pursuant to Section 5.7, and all other fees and out-of-pocket expenses of the Owner Trustee, the Backup Servicer, and the Indenture Trust Collateral Agent or the Trustee, except taxes levied or assessed against the Trust, the Owner Trustee, the Backup Servicer or the Indenture Trustee, and claims against the Trust, the Owner Trustee, the Backup Servicer or the Indenture Trustee Trust in respect of indemnification, which taxes and claims in respect of indemnification against the Trust are expressly stated to be for the account of TriadAmeriCredit). The Servicer will, to the extent not provided for pursuant to Section 5.7, shall be liable for the fees and out-of-pocket expenses of the Owner Trustee, the Backup Servicer, the Indenture Trust Collateral Agent, the Trustee, the Custodian, the Processing Lockbox Bank (and any fees under the Blocked Lockbox Account Agreement), the Lockbox Processor (and any fees under Table of Contents the Lockbox Processing Agreement) and the Independent Accountants, except taxes levied or assessed against such parties. Notwithstanding the foregoing, if the Servicer is shall not Triadbe AmeriCredit, a successor to Triad AmeriCredit as Servicer including the Backup Servicer permitted by Section 9.3 will shall not be liable for taxes levied or assessed against the Trust or claims against the Trust in respect of indemnification, or the fees and expenses referred to above.

Appears in 1 contract

Samples: Sale and Servicing (Americredit Automobile Receivables Trust 2011-4)

Total Servicing Fee; Payment of Certain Expenses by Servicer. On each Distribution Date, the Servicer will be entitled to receive out of the Collection Account the Base Servicing Fee and any Supplemental Servicing Fee for the related Collection Period (together, the "Servicing Fee") pursuant to Section 5.7. The Servicer will be required to pay all expenses incurred by it in connection with its activities under this Agreement (including taxes imposed on the Servicer, expenses incurred in connection with distributions and reports made by the Servicer to Noteholders or the Insurer and, to the extent not provided for pursuant to Section 5.7, all other fees and out-of-pocket expenses of the Owner Trustee, the Backup Servicer, and the Indenture Trustee, except taxes levied or assessed against the Trust, the Owner Trustee, the Backup Servicer or the Indenture Trustee, and claims against the Trust, the Owner Trustee, the Backup Servicer or the Indenture Trustee in respect of indemnification, which taxes and claims in respect of indemnification against the Trust are expressly stated to be for the account of Triad). The Servicer will, to the extent not provided for pursuant to Section 5.7, be liable for the fees and out-of-pocket expenses of the Owner Trustee, the Backup Servicer, the Indenture Trustee, the Custodian, the Processing Bank (and any fees under the Blocked Account Agreement) and the Independent Accountants, Accountants except taxes levied or assessed against such parties. Notwithstanding the foregoing, if the Servicer is not Triad, a successor to Triad as Servicer including the Backup Servicer permitted by Section 9.3 will not be liable for taxes levied or assessed against the Trust or claims against the Trust in respect of indemnification, or the fees and expenses referred to above.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Triad Automobile Receivables Trust 2005-A)

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