Common use of Waiver of Defaults Clause in Contracts

Waiver of Defaults. The Indenture Trustee shall transmit by mail to all Noteholders, within 60 days after the occurrence of any Master Servicer Event of Default of which a Responsible Officer of the Indenture Trustee received written notice or has actual knowledge, unless such Master Servicer Event of Default shall have been cured, notice of each such Master Servicer Event of Default. The Holders of Notes aggregating at least 51% of the Note Principal Balance of the Notes may, on behalf of all Noteholders, waive any default by the Master Servicer in the performance of its obligations hereunder and the consequences thereof, except a default in the making of or the causing to be made any required distribution on the Notes, which default may only be waived by Holders of Notes aggregating 100% of the Note Principal Balance of the Notes. Upon any such waiver of a past default, such default shall be deemed to cease to exist, and any Master Servicer Event of Default arising therefrom shall be deemed to have been timely remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereon except to the extent expressly so waived. The Indenture Trustee shall give notice of any such waiver to the Rating Agencies.

Appears in 20 contracts

Samples: Sale and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2005-2), Mortgage Loan Purchase Agreement (Homebanc Corp), Mortgage Loan Purchase Agreement (Bear Stearns ARM Trust 2005-7)

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Waiver of Defaults. The Indenture Trustee shall transmit by mail give prompt written notice thereof to all NoteholdersCertificateholders, within 60 days after the occurrence of any Master Servicer Event of Default of which actually known to a Responsible Officer of the Indenture Trustee received written notice or has actual knowledgeTrustee, unless such Master Servicer Event of Default shall have been cured, notice of each such Master Servicer Event of Default. The Holders of Notes Certificates evidencing Fractional Undivided Interests aggregating at least not less than 51% of the Note Principal Balance of the Notes Trust Fund may, on behalf of all NoteholdersCertificateholders, waive any default by the Master Servicer in the performance of its obligations hereunder and the consequences thereof, except a default in the making of or the causing to be made any required distribution on the NotesCertificates, which default may only be waived by Holders of Notes Certificates evidencing Fractional Undivided Interests aggregating 100% of the Note Principal Balance of the NotesTrust Fund. Upon any such waiver of a past default, such default shall be deemed to cease to exist, and any Master Servicer Event of Default arising therefrom shall be deemed to have been timely remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereon except to the extent expressly so waived. The Indenture Trustee shall give notice of any such waiver to the Rating Agencies.

Appears in 17 contracts

Samples: Pooling and Servicing Agreement (GreenPoint MTA Trust 2005-Ar3), Pooling and Servicing Agreement (GreenPoint MTA Trust 2005-Ar2), Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2007-Ar3)

Waiver of Defaults. The Indenture Trustee shall transmit by mail to all NoteholdersBondholders and the Bond Insurer, within 60 10 days after the occurrence of any Master Servicer Event of Servicing Default of which a Responsible Officer of known to the Indenture Trustee received written notice or has actual knowledgeTrustee, unless such Master Servicer Event of Servicing Default shall have been cured, notice of each such Master Servicer Event Servicing Default hereunder known to a Responsible Officer of Defaultthe Indenture Trustee. The Holders Bond Insurer, or if a Bond Insurer Default exists, the holders of Notes aggregating at least 51% of the Note aggregate Bond Principal Balance of the Notes may, on behalf of all Noteholders, Bonds may waive any default by the Master Servicer in the performance of its obligations hereunder and the consequences thereof, except a default in the making of or the causing to be made any required distribution on the Notes, which default may only be waived by Holders of Notes aggregating 100% of the Note Principal Balance of the NotesBonds. Upon any such waiver of a past default, such default shall be deemed to cease to exist, and any Master Servicer Event of Servicing Default arising therefrom shall be deemed to have been timely remedied for every purpose of this Servicing Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereon except to the extent expressly so waived. The Indenture Trustee Master Servicer shall give notice of any such waiver to the Rating Agencies.

Appears in 16 contracts

Samples: Servicing Agreement (IMPAC CMB Trust Series 2005-5), Servicing Agreement (IMPAC CMB Trust Series 2005-5), Servicing Agreement (Imh Assets Corp., Collateralized Asset-Backed Bonds, Series 2005-7)

Waiver of Defaults. The Indenture Trustee shall transmit by mail to all NoteholdersCertificateholders, within 60 days after the occurrence of any Master Servicer Event of Default of which a Responsible Officer of known to the Indenture Trustee received written notice or has actual knowledgeTrustee, unless such Master Servicer Event of Default shall have been cured, notice of each such Master Servicer Event of DefaultDefault hereunder known to the Trustee. The Holders of Notes Certificates evidencing Fractional Undivided Interests aggregating at least not less than 51% of the Note Principal Balance of the Notes Trust Fund may, on behalf of all NoteholdersCertificateholders, waive any default by the Master Servicer in the performance of its obligations hereunder and the consequences thereof, except a default in the making of or the causing to be made of any required distribution on the NotesCertificates, which default may only be waived by Holders of Notes Certificates evidencing Fractional Undivided Interests aggregating 100% of the Note Principal Balance of the NotesTrust Fund. Upon any such waiver of a past default, such default shall be deemed to cease to exist, and any Master Servicer Event of Default arising therefrom shall be deemed to have been timely remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereon except to the extent expressly so waived. The Indenture Trustee shall give notice of any such waiver to the Rating Agencies.

Appears in 13 contracts

Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments II 2005-Ar4), Pooling and Servicing Agreement (Structured Asset Mortgage Investments II Series 2004-Ar5), Pooling and Servicing Agreement (Structured Asset Mortgage Investments Ii Trust Series 2005-Ar1)

Waiver of Defaults. The Indenture Trustee shall transmit by mail to the Securities Administrator, who shall give prompt written notice thereof to all NoteholdersCertificateholders, within 60 days after the occurrence of any Master Servicer Event of Default of which actually known to a Responsible Officer of the Indenture Trustee received written notice or has actual knowledgeTrustee, unless such Master Servicer Event of Default shall have been cured, notice of each such Master Servicer Event of Default. The Holders of Notes Certificates evidencing Fractional Undivided Interests aggregating at least not less than 51% of the Note Principal Balance of the Notes Trust Fund may, on behalf of all NoteholdersCertificateholders, waive any default by the Master Servicer in the performance of its obligations hereunder and the consequences thereof, except a default in the making of or the causing to be made any required distribution on the NotesCertificates, which default may only be waived by Holders of Notes Certificates evidencing Fractional Undivided Interests aggregating 100% of the Note Principal Balance of the NotesTrust Fund. Upon any such waiver of a past default, such default shall be deemed to cease to exist, and any Master Servicer Event of Default arising therefrom shall be deemed to have been timely remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereon except to the extent expressly so waived. The Indenture Trustee Securities Administrator shall give notice of any such waiver to the Trustee and the Rating Agencies.

Appears in 12 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2006-6), Assumption and Recognition Agreement (Bear Stearns ALT-A Trust II 2007-1), Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2006-4)

Waiver of Defaults. The Indenture Trustee shall transmit by mail to all NoteholdersHolders of the Certificates, within 60 days after the occurrence of any Master Servicer Event of Default of which actually known to a Responsible Officer of the Indenture Trustee received written notice or has actual knowledgeTrustee, unless such Master Servicer Event of Default shall have been cured, notice of each such Master Servicer Event of Default. The Holders of Notes Certificates evidencing Fractional Undivided Interests aggregating at least not less than 51% of the Note Principal Balance of the Notes Trust Fund may, on behalf of all NoteholdersHolders of the Certificates, waive any default by the Master Servicer in the performance of its obligations hereunder and the consequences thereof, except a default in the making of or the causing to be made any required distribution on the NotesCertificates, which default may only be waived by Holders of Notes Certificates evidencing Fractional Undivided Interests aggregating 100% of the Note Principal Balance of the NotesTrust Fund. Upon any such waiver of a past default, such default shall be deemed to cease to exist, and any Master Servicer Event of Default arising therefrom shall be deemed to have been timely remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereon except to the extent expressly so waived. The Indenture Trustee shall give notice of any such waiver to the Rating Agencies.

Appears in 10 contracts

Samples: Pooling and Servicing Agreement (Prime Mortgage Trust 2005-4), Pooling and Servicing Agreement (Prime Mortgage Trust 2006-2), Pooling and Servicing Agreement (Prime Mortgage Trust 2007-3)

Waiver of Defaults. The Indenture Trustee shall transmit by mail to all NoteholdersBondholders, within 60 10 days after the occurrence of any Master Servicer Event of Servicing Default of which a Responsible Officer of known to the Indenture Trustee received written notice or has actual knowledgeTrustee, unless such Master Servicer Event of Servicing Default shall have been cured, notice of each such Master Servicer Event Servicing Default hereunder known to a Responsible Officer of Defaultthe Indenture Trustee. The Holders holders of Notes aggregating at least 51% of the Note aggregate Bond Principal Balance of the Notes may, on behalf Bonds (for which purpose the Class A-IO Bonds will be deemed to have a Bond Principal Balance equal to 5% of all Noteholders, the aggregate Bond Principal Balance of the other Classes of Bonds) may waive any default by the Master Servicer in the performance of its obligations hereunder and the consequences thereof, except a default in the making of or the causing to be made any required distribution on the Notes, which default may only be waived by Holders of Notes aggregating 100% of the Note Principal Balance of the NotesBonds. Upon any such waiver of a past default, such default shall be deemed to cease to exist, and any Master Servicer Event of Servicing Default arising therefrom shall be deemed to have been timely remedied for every purpose of this Servicing Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereon except to the extent expressly so waived. The Indenture Trustee Master Servicer shall give notice of any such waiver to the Rating Agencies.

Appears in 7 contracts

Samples: Servicing Agreement (Impac CMB Trust Series 2002-4f), Servicing Agreement (Imh Assets Corp Impac CMB Trust Series 2002 9f), Servicing Agreement (Imh Assets Corp)

Waiver of Defaults. The Indenture Trustee shall transmit by mail give prompt written notice thereof to all NoteholdersCertificateholders, within 60 days after the occurrence of any Master Servicer Event of Default of which actually known to a Responsible Officer of the Indenture Trustee received written notice or has actual knowledgeTrustee, unless such Master Servicer Event of Default shall have been cured, notice of each such Master Servicer Event of Default. The Holders of Notes Certificates evidencing Fractional Undivided Interests aggregating at least not less than 51% of the Note Principal Balance of the Notes Trust Fund may, on behalf of all NoteholdersCertificateholders, waive any default by the Master Servicer in the performance of its obligations hereunder and the consequences thereof, except a default in the making of or the causing to be made any required distribution on the NotesCertificates, which default may only be waived by Holders of Notes Certificates evidencing Fractional Undivided Interests aggregating 100% of the Note Principal Balance of the NotesTrust Fund. Upon any such waiver of a past default, such default shall be deemed to cease to exist, and any Master Servicer Event of Default arising therefrom shall be deemed to have been timely remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereon except to the extent expressly so waived. The Indenture Trustee shall give notice of any such waiver to the Rating AgenciesAgencies and the Certificate Insurer.

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Mortage Funding Trust 2006-Ar2), Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2006-Ar4), Pooling and Servicing Agreement (GreenPoint MFT 2006-Ar2)

Waiver of Defaults. The Indenture Trustee shall transmit by mail to the Securities Administrator, who shall give prompt written notice thereof to all NoteholdersCertificateholders, within 60 days after the occurrence of any Master Servicer Event of Default of which actually known to a Responsible Officer of the Indenture Trustee received written notice or has actual knowledgeTrustee, unless such Master Servicer Event of Default shall have been cured, notice of each such Master Servicer Event of Default. The Holders of Notes Certificates evidencing Fractional Undivided Interests aggregating at least not less than 51% of the Note Principal Balance of the Notes Trust Fund may, on behalf of all NoteholdersCertificateholders, waive any default by the Master Servicer in the performance of its obligations hereunder and the consequences thereof, except a default in the making of or the causing to be made any required distribution on the NotesCertificates, which default may only be waived by Holders of Notes Certificates evidencing Fractional Undivided Interests aggregating 100% of the Note Principal Balance of the NotesTrust Fund. Upon any such waiver of a past default, such default shall be deemed to cease to exist, and any Master Servicer Event of Default arising therefrom shall be deemed to have been timely remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereon except to the extent expressly so waived. The Indenture Trustee Securities Administrator shall give notice of any such waiver to the Trustee, who shall then give such notice to the Rating Agencies.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns ALT-A Trust, Series 2005-8), Recognition Agreement (Bear Stearns ALT-A Trust 2006-1), Pooling and Servicing Agreement (Bear Stearns ALT-A Trust, Series 2005-9)

Waiver of Defaults. The Indenture Trustee shall transmit by mail to all Noteholders, within 60 10 days after the occurrence of any Master Servicer Event of Servicing Default of which a Responsible Officer of known to the Indenture Trustee received written notice or has actual knowledgeTrustee, unless such Master Servicer Event of Servicing Default shall have been cured, notice of each such Master Servicer Event Servicing Default hereunder of Defaultwhich a Responsible Officer of the Indenture Trustee has actual knowledge. The Holders holders of Notes aggregating at least 51% of the aggregate Note Principal Balance of each Class of the Notes may, on behalf of all Noteholders, may waive any default by the Master Servicer in the performance of its obligations hereunder and the consequences thereof, except a default in the making of or the causing to be made any required distribution on the Notes, which default may only be waived by Holders of Notes aggregating 100% of the Note Principal Balance of the Notes. Upon any such waiver of a past default, such default shall be deemed to cease to exist, and any Master Servicer Event of Servicing Default arising therefrom shall be deemed to have been timely remedied for every purpose of this Master Servicing Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereon except to the extent expressly so waived. The Indenture Trustee Master Servicer shall give notice of any such waiver to the Rating Agencies.

Appears in 4 contracts

Samples: Master Servicing Agreement (American Home Mortgage Investment Trust 2006-1), Master Servicing Agreement (American Home Mortgage Investment Trust 2007-2), Master Servicing Agreement (American Home Mortgage Investment Trust 2006-1)

Waiver of Defaults. The Indenture Trustee shall transmit by mail to all NoteholdersCertificateholders and the Certificate Insurer, within 60 days after the occurrence of any Master Servicer Event of Default of which actually known to a Responsible Officer of the Indenture Trustee received written notice or has actual knowledgeTrustee, unless such Master Servicer Event of Default shall have been cured, notice of each such Master Servicer Event of DefaultDefault hereunder known to the Trustee. The Certificate Insurer or the Holders of Notes aggregating at least Certificates evidencing not less than 51% of the Note Principal Balance Voting Rights (with the consent of the Notes Certificate Insurer, which consent shall not be unreasonably withheld) may, on behalf of all NoteholdersCertificateholders, waive any default by the Master Servicer in the performance of its obligations hereunder and the consequences thereof, except a default in the making of or the causing to be made of any required distribution on the Notes, which default may only be waived by Holders of Notes aggregating 100% of the Note Principal Balance of the NotesCertificates. Upon any such waiver of a past default, such default shall be deemed to cease to exist, and any Master Servicer Event of Default arising therefrom shall be deemed to have been timely remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereon except to the extent expressly so waived. The Indenture Trustee shall give notice of any such waiver to the Rating AgenciesAgencies and the Certificate Insurer.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2004-Fr2), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2004-He9), Custodial Agreement (Asset-Backed Certificates Series 2004-He1)

Waiver of Defaults. The Indenture Trustee shall transmit by mail to all Noteholders, Certificateholders and the Note Insurer, within 60 days after the occurrence of any Master Servicer Event of Default of which a Responsible Officer of the Indenture Trustee received written notice or has actual knowledge, unless such Master Servicer Event of Default shall have been cured, notice of each such Master Servicer Event of Default. The Note Insurer of, if a Note Insurer Default exists, Holders of Notes aggregating at least 51% of the Note Principal Balance of the Notes may, on behalf of all Noteholders, waive any default by the Master Servicer in the performance of its obligations hereunder and the consequences thereof, except a default in the making of or the causing to be made any required distribution on the Notes, which default may only be waived by the Note Insurer and the Holders of Notes aggregating 100% of the Note Principal Balance of the Notes. Upon any such waiver of a past default, such default shall be deemed to cease to exist, and any Master Servicer Event of Default arising therefrom shall be deemed to have been timely remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereon except to the extent expressly so waived. The Indenture Trustee shall give notice of any such waiver to the Rating AgenciesAgencies and the Note Insurer.

Appears in 3 contracts

Samples: Mortgage Loan Purchase Agreement (SACO I Trust 2006-8), Sale and Servicing Agreement (SACO I Trust 2006-1), Sale and Servicing Agreement (Greenpoint Mortgage Funding Trust 2007-He1)

Waiver of Defaults. The Indenture Trustee shall transmit by mail to all NoteholdersCertificateholders, within 60 days after the occurrence of any Master Servicer Event of Default of which actually known to a Responsible Officer of the Indenture Trustee received written notice or has actual knowledgeTrustee, unless such Master Servicer Event of Default shall have been cured, notice of each such Master Servicer Event of Default. The Holders of Notes Certificates evidencing Fractional Undivided Interests aggregating at least not less than 51% of the Note Principal Balance of the Notes Trust Fund may, on behalf of all NoteholdersCertificateholders, waive any default by the Master Servicer in the performance of its obligations hereunder and the consequences thereof, except a default in the making of or the causing to be made any required distribution on the NotesCertificates, which default may only be waived by Holders of Notes Certificates evidencing Fractional Undivided Interests aggregating 100% of the Note Principal Balance of the NotesTrust Fund. Upon any such waiver of a past default, such default shall be deemed to cease to exist, and any Master Servicer Event of Default arising therefrom shall be deemed to have been timely remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereon except to the extent expressly so waived. The Indenture Trustee shall give notice of any such waiver to the Rating AgenciesAgencies and MBIA.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Structured Asset Mort Inv Inc Mort Pass THR Certs Ser 2003-1), Pooling and Servicing Agreement (Prime Mortgage Trust Mortgage Pass-Through Cert Ser 2003-3), Pooling and Servicing Agreement (Structured Asset Mort Inv Ii Inc Prime Mortgage Trust 2003 2)

Waiver of Defaults. The Indenture Trustee shall transmit by mail to the Securities Administrator, who shall give prompt written notice thereof to all NoteholdersCertificateholders, within 60 days after the occurrence of any Master Servicer Event of Default of which a Responsible Officer of the Indenture Trustee received written notice or has actual knowledge, unless such Master Servicer Event of Default shall have been cured, notice of each such Master Servicer Event of Default. The Holders of Notes Certificates evidencing Fractional Undivided Interests aggregating at least not less than 51% of the Note Principal Balance of the Notes Trust Fund may, on behalf of all NoteholdersCertificateholders, waive any default by the Master Servicer in the performance of its obligations hereunder and the consequences thereof, except a default in the making of or the causing to be made any required distribution on the NotesCertificates, which default may only be waived by Holders of Notes Certificates evidencing Fractional Undivided Interests aggregating 100% of the Note Principal Balance of the NotesTrust Fund. Upon any such waiver of a past default, such default shall be deemed to cease to exist, and any Master Servicer Event of Default arising therefrom shall be deemed to have been timely remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereon except to the extent expressly so waived. The Indenture Trustee Securities Administrator shall give notice of any such waiver to the Trustee, who shall then give such notice to the Rating Agencies.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (MortgageIT Trust 2005-Ar1), Pooling and Servicing Agreement (MortgageIT Trust 2005-Ar1), Pooling and Servicing Agreement (MortgageIT Trust 2005-Ar1)

Waiver of Defaults. The Indenture Trustee shall transmit by mail to all Noteholders, at the expense of the trust, within 60 days after the occurrence of any Master Servicer Event of Default of which a Responsible Officer of the Indenture Trustee received written notice or has actual knowledge, unless such Master Servicer Event of Default shall have been cured, notice of each such Master Servicer Event of Default. The Holders of Notes aggregating at least 51% of the Note Principal Balance of the Notes may, on behalf of all Noteholders, waive any default by the Master Servicer in the performance of its obligations hereunder and the consequences thereof, except a default in the making of or the causing to be made any required distribution on the Notes, which default may only be waived by Holders of Notes aggregating 100% of the Note Principal Balance of the Notes. Upon any such waiver of a past default, such default shall be deemed to cease to exist, and any Master Servicer Event of Default arising therefrom shall be deemed to have been timely remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereon except to the extent expressly so waived. The Indenture Trustee shall give notice of any such waiver to the Rating Agencies.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Peoples Choice Home Loan Securities Corp), Sale and Servicing Agreement (Peoples Choice Home Loan Securities Corp), Sale and Servicing Agreement (Peoples Choice Home Loan Securities Trust Series 2005-4)

Waiver of Defaults. The Indenture Trustee shall transmit by mail to all NoteholdersBondholders and the Bond Insurer, within 60 10 days after the occurrence of any Master Servicer Event of Servicing Default of which a Responsible Officer of known to the Indenture Trustee received written notice or has actual knowledgeTrustee, unless such Master Servicer Event of Servicing Default shall have been cured, notice of each such Master Servicer Event Servicing Default hereunder known to a Responsible Officer of Defaultthe Indenture Trustee. The Holders Bond Insurer or if a Bond Insurer Default exists, the holders of Notes aggregating at least 51% of the Note aggregate Bond Principal Balance of the Notes may, on behalf of all Noteholders, Bonds may waive any default by the Master Servicer in the performance of its obligations hereunder and the consequences thereof, except a default in the making of or the causing to be made any required distribution on the Notes, which default may only be waived by Holders of Notes aggregating 100% of the Note Principal Balance of the NotesBonds. Upon any such waiver of a past default, such default shall be deemed to cease to exist, and any Master Servicer Event of Servicing Default arising therefrom shall be deemed to have been timely remedied for every purpose of this Servicing Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereon except to the extent expressly so waived. The Indenture Trustee Master Servicer shall give notice of any such waiver to the Rating Agencies.

Appears in 3 contracts

Samples: Servicing Agreement (Imh Assets Corp Collateralized Asset-Backed BDS Ser 1999-2), Servicing Agreement (Imh Assets Corp Collateralized Asset Backed Bonds Ser 2000 1), Servicing Agreement (Imh Assets Corp)

Waiver of Defaults. The Indenture Trustee shall transmit by mail to all NoteholdersCertificateholders, within 60 days after the occurrence of any Master Servicer Event of Default of which actually known to a Responsible Officer of the Indenture Trustee received written notice or has actual knowledgeTrustee, unless such Master Servicer Event of Default shall have been cured, notice of each such Master Servicer Event of Default. The Holders of Notes Certificates evidencing Fractional Undivided Interests aggregating at least not less than 51% of the Note Principal Balance of the Notes Trust Fund may, on behalf of all NoteholdersCertificateholders, waive any default by the Master Servicer in the performance of its obligations hereunder and the consequences thereof, except a default in the making of or the causing to be made any required distribution on the NotesCertificates, which default may only be waived by Holders of Notes Certificates evidencing Fractional Undivided Interests aggregating 100% of the Note Principal Balance of the NotesTrust Fund. Upon any such waiver of a past default, such default shall be deemed to cease to exist, and any Master Servicer Event of Default arising therefrom shall be deemed to have been timely remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereon except to the extent expressly so waived. The Indenture Trustee shall give notice of any such waiver to the Rating Agencies. All costs and expenses incurred by the Trustee in connection with the removal of the Master Servicer shall, to the extent not paid by the terminated Master Servicer, be reimbursed to the Trustee pursuant to Section 9.05.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Structured Asset Mort Inv Ii Inc Mort Pas THR Cert Se 04 Cl1), Servicing Agreement (Structured Asset Mort Prime Mort Tr Pas THR Cer Ser 2004 Cl2)

Waiver of Defaults. The Indenture Trustee shall transmit by mail to all Noteholders, within 60 days after the occurrence of any Master Servicer Event of Default of which a Responsible Officer of the Indenture Trustee received written notice or has actual knowledge, unless such Master Servicer Event of Default shall have been cured, notice of each such Master Servicer Event of Default. The Holders of Notes aggregating at least 51% of the Note Principal Balance of the Notes may, on behalf of all Noteholders, waive any default by the Master Servicer in the performance of its obligations hereunder and the consequences thereof, except a default in the making of or the causing to be made any required distribution on the NotesNotes or a default in the performance of any covenant in this Agreement pertaining to a REMIC Conversion or a TMP Trigger Event, each of which default may only be waived by Holders of Notes aggregating 100% of the Note Principal Balance of the Notes. Upon any such waiver of a past default, such default shall be deemed to cease to exist, and any Master Servicer Event of Default arising therefrom shall be deemed to have been timely remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereon except to the extent expressly so waived. The Indenture Trustee shall give notice of any such waiver to the Rating Agencies.

Appears in 2 contracts

Samples: Assignment, Assumption and Recognition Agreement (Bear Stearns ARM Trust 2007-2), Sale and Servicing Agreement (Alesco Financial Inc)

Waiver of Defaults. The Indenture Trustee shall transmit by mail to all Noteholders, Certificateholders and the Note Insurer, within 60 days after the occurrence of any Master Servicer Event of Default of which a Responsible Officer of the Indenture Trustee received written notice or has actual knowledge, unless such Master Servicer Event of Default shall have been cured, notice of each such Master Servicer Event of Default. The Holders of Notes aggregating at least 51% of the Note Principal Balance of the Notes may, on behalf of all Noteholders, waive any default by the Master Servicer in the performance of its obligations hereunder and the consequences thereof, except a default in the making of or the causing to be made any required distribution on the Notes, which default may only be waived by Holders of Notes aggregating 100% of the Note Principal Balance of the Notes. Upon any such waiver of a past default, such default shall be deemed to cease to exist, and any Master Servicer Event of Default arising therefrom shall be deemed to have been timely remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereon except to the extent expressly so waived. The Indenture Trustee shall give notice of any such waiver to the Rating AgenciesAgencies and the Note Insurer.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Saco I Trust 2005-Gp1), Sale and Servicing Agreement (Saco I Trust 2005-Gp1)

Waiver of Defaults. The Indenture Trustee shall transmit by mail to (i) all NoteholdersNoteholders and Certificateholders within 30 days, and (ii) to the Note Insurer within 60 days five (5) Business Days, after the occurrence of any Master Servicer Event of Default of which a Responsible Officer of the Indenture Trustee received written notice or has actual knowledge, unless such Master Servicer Event of Default shall have been cured, notice of each such Master Servicer Event of Default. The Note Insurer of, if a Note Insurer Default exists, Holders of Notes aggregating at least 51% of the Note Principal Balance of the Notes may, on behalf of all Noteholders, waive any default by the Master Servicer in the performance of its obligations hereunder and the consequences thereof, except a default in the making of or the causing to be made any required distribution on the Notes, which default may only be waived by the Note Insurer and the Holders of Notes aggregating 100% of the Note Principal Balance of the Notes. Upon any such waiver of a past default, such default shall be deemed to cease to exist, and any Master Servicer Event of Default arising therefrom shall be deemed to have been timely remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereon except to the extent expressly so waived. The Indenture Trustee shall give notice of any such waiver to the Rating AgenciesAgencies and the Note Insurer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Gp1)

Waiver of Defaults. The Indenture Trustee shall transmit by mail to all NoteholdersSecurityholders, within 60 10 days after the occurrence of any Master Servicer Event of Servicing Default of which a Responsible Officer of known to the Indenture Trustee received written notice or has actual knowledgeTrustee, unless such Master Servicer Event of Servicing Default shall have been cured, notice of each such Master Servicer Event Servicing Default hereunder of Defaultwhich a Responsible Officer of the Indenture Trustee has actual knowledge. The Holders holders of Notes aggregating at least 51% of the aggregate Note Principal Balance or Certificate Principal Balance, as applicable, of each Class of the Notes may, on behalf of all Noteholders, Securities may waive any default by the Master Servicer in the performance of its obligations hereunder and the consequences thereof, except a default in the making of or the causing to be made any required distribution on the Notes, which default may only be waived by Holders of Notes aggregating 100% of the Note Principal Balance of the Notes. Upon any such waiver of a past default, such default shall be deemed to cease to exist, and any Master Servicer Event of Servicing Default arising therefrom shall be deemed to have been timely remedied for every purpose of this Master Servicing Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereon except to the extent expressly so waived. The Indenture Trustee Master Servicer shall give notice of any such waiver to the Rating Agencies.

Appears in 1 contract

Samples: Master Servicing Agreement (American Home Mortgage Investment Trust 2007-1)

Waiver of Defaults. The Indenture Trustee shall transmit by mail to the Securities Administrator, who shall give prompt written notice thereof to all NoteholdersCertificateholders, within 60 days after the occurrence of any Master Servicer Event of Default of which actually known to a Responsible Officer of the Indenture Trustee received written notice or has actual knowledgeTrustee, unless such Master Servicer Event of Default shall have been cured, notice of each such Master Servicer Event of Default. The Holders of Notes Certificates evidencing Fractional Undivided Interests aggregating at least not 103 less than 51% of the Note Principal Balance of the Notes Trust Fund may, on behalf of all NoteholdersCertificateholders, waive any default by the Master Servicer in the performance of its obligations hereunder and the consequences thereof, except a default in the making of or the causing to be made any required distribution on the NotesCertificates, which default may only be waived by Holders of Notes Certificates evidencing Fractional Undivided Interests aggregating 100% of the Note Principal Balance of the NotesTrust Fund. Upon any such waiver of a past default, such default shall be deemed to cease to exist, and any Master Servicer Event of Default arising therefrom shall be deemed to have been timely remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereon except to the extent expressly so waived. The Indenture Trustee Securities Administrator shall give notice of any such waiver to the Trustee, who shall then give such notice to the Rating Agencies.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (GreenPoint MTA Trust, Mortgage Pass-Through Certificates, Series 2005-Ar1)

Waiver of Defaults. The Indenture Trustee shall transmit by mail to the Credit Enhancer and all Class V-A Noteholders, within 60 10 days after the occurrence of any Master Servicer Event of Servicing Default of which a Responsible Officer of known to the Indenture Trustee received written notice or has actual knowledgeTrustee, unless such Master Servicer Event of Servicing Default shall have been cured, notice of each such Master Servicer Event Servicing Default hereunder of Defaultwhich a Responsible Officer of the Indenture Trustee has actual knowledge. The Holders Credit Enhancer, or the holders of Notes aggregating at least 51% of the aggregate Note Principal Balance of the Notes mayClass V-A Notes, on behalf with the consent of all Noteholdersthe Credit Enhancer, may waive any default by the Master HELOC Back-Up Servicer in the performance of its obligations hereunder and the consequences thereof, except a default in the making of or the causing to be made any required distribution on the Notes, which default may only be waived by Holders of Notes aggregating 100% of the Note Principal Balance of the Class V-A Notes. Upon any such waiver of a past default, such default shall be deemed to cease to exist, and any Master Servicer Event of Servicing Default arising therefrom shall be deemed to have been timely remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereon except to the extent expressly so waived. The Indenture Trustee HELOC Back-Up Servicer shall give notice of any such waiver to the Rating Agencies.

Appears in 1 contract

Samples: Up Servicing Agreement (American Home Mortgage Investment Trust 2006-2)

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Waiver of Defaults. The Indenture Trustee shall transmit by mail to all Noteholders, within 60 10 days after the occurrence of any Master Servicer Event of Servicing Default of which a Responsible Officer of known to the Indenture Trustee received written notice or has actual knowledgeTrustee, unless such Master Servicer Event of Servicing Default shall have been cured, notice of each such Master Servicer Event Servicing Default hereunder of Defaultwhich a Responsible Officer of the Indenture Trustee has actual knowledge. The Holders holders of Notes aggregating at least 51% of the aggregate Note Principal Balance of each Class of the Notes may, on behalf of all Noteholders, may waive any default by the Master Servicer in the performance of its obligations hereunder and the consequences thereof, except a default in the making of or the causing to be made any required distribution on the Notes, which default may only be waived by Holders of Notes aggregating 100% of the Note Principal Balance of the Notes. Upon any such waiver of a past default, such default shall be deemed to cease to exist, and any Master Servicer Event of Servicing Default arising therefrom shall be deemed to have been timely remedied for every purpose of this Master Servicing Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereon except to the extent expressly so waived. The Indenture Trustee Master Servicer shall give notice of any such waiver to the Rating Agencies.

Appears in 1 contract

Samples: Master Servicing Agreement (American Home Mortgage Investment Trust 2005-3)

Waiver of Defaults. The Indenture Trustee shall transmit by mail to all Noteholders, within 60 days after the occurrence of any Master Servicer Event of Default of which a Responsible Officer of the Indenture Trustee received written notice or has actual knowledge, unless such Master Servicer Event of Default shall have been cured, notice of each such Master Servicer Event of Default. The Holders of Notes aggregating at least 51% of the Note Certificate Principal Balance of the Notes may, on behalf of all Noteholders, waive any default by the Master Servicer in the performance of its obligations hereunder and the consequences thereof, except a default in the making of or the causing to be made any required distribution on the Notes, which default may only be waived by Holders of Notes aggregating 100% of the Note Certificate Principal Balance of the Notes. Upon any such waiver of a past default, such default shall be deemed to cease to exist, and any Master Servicer Event of Default arising therefrom shall be deemed to have been timely remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereon except to the extent expressly so waived. The Indenture Trustee shall give notice of any such waiver to the Rating Agencies.

Appears in 1 contract

Samples: Master Servicing Agreement (Citigroup Mortgage Loan Trust 2005-11)

Waiver of Defaults. The Indenture Trustee shall transmit by mail to all NoteholdersCertificateholders and the Certificate Insurers, within 60 days after the occurrence of any Master Servicer Event of Default of which a Responsible Officer of known to the Indenture Trustee received written notice or has actual knowledgeTrustee, unless such Master Servicer Event of Default shall have been cured, notice of each such Master Servicer Event of DefaultDefault hereunder known to the Trustee. The Controlling Insurer may, and the Holders of Notes Certificates evidencing Percentage Interests aggregating at least not less than 51% of the Note Principal Balance Trust Fund may, with the consent of the Notes mayControlling Insurer, on behalf of all NoteholdersCertificateholders, waive any default by the Master Servicer in the performance of its obligations hereunder and the consequences thereof, except a default in the making of or the causing to be made any required distribution on the Notes, which default may only be waived by Holders of Notes aggregating 100% of the Note Principal Balance of the NotesCertificates. Upon any such waiver of a past default, such default shall be deemed to cease to exist, and any Master Servicer Event of Default arising therefrom shall be deemed to have been timely remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereon except to the extent expressly so waived. The Indenture Trustee Master Servicer shall give notice of any such waiver to the Rating Agencies.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Trust 2003 -Abf1)

Waiver of Defaults. The Indenture Trustee shall transmit by mail to all NoteholdersCertificateholders, within 60 days after the occurrence of any Master Servicer Event of Default of which actually known to a Responsible Officer of the Indenture Trustee received written notice or has actual knowledgeTrustee, unless such Master Servicer Event of Default shall have been cured, notice of each such Master Servicer Event of Default. The Holders of Notes Certificates evidencing Fractional Undivided Interests aggregating at least not less than 51% of the Note Principal Balance of the Notes Trust Fund may, on behalf of all Noteholders95 Certificateholders, waive any default by the Master Servicer in the performance of its obligations hereunder and the consequences thereof, except a default in the making of or the causing to be made any required distribution on the NotesCertificates, which default may only be waived by Holders of Notes Certificates evidencing Fractional Undivided Interests aggregating 100% of the Note Principal Balance of the NotesTrust Fund. Upon any such waiver of a past default, such default shall be deemed to cease to exist, and any Master Servicer Event of Default arising therefrom shall be deemed to have been timely remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereon except to the extent expressly so waived. The Indenture Trustee shall give notice of any such waiver to the Rating Agencies.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Structured Asset Mort Inv Ii Inc Bear Stearns Alt a Tr 04 9)

Waiver of Defaults. The Indenture Trustee shall transmit by mail to the Insurer and all Class II-A Noteholders, within 60 10 days after the occurrence of any Master Servicer Event of Servicing Default of which a Responsible Officer of known to the Indenture Trustee received written notice or has actual knowledgeTrustee, unless such Master Servicer Event of Servicing Default shall have been cured, notice of each such Master Servicer Event Servicing Default hereunder of Defaultwhich a Responsible Officer of the Indenture Trustee has actual knowledge. The Holders Insurer, or the holders of Notes aggregating at least 51% of the aggregate Note Principal Balance of the Notes mayClass II-A Notes, on behalf with the consent of all Noteholdersthe Insurer, may waive any default by the Master HELOC Back-Up Servicer in the performance of its obligations hereunder and the consequences thereof, except a default in the making of or the causing to be made any required distribution on the Notes, which default may only be waived by Holders of Notes aggregating 100% of the Note Principal Balance of the Class II-A Notes. Upon any such waiver of a past default, such default shall be deemed to cease to exist, and any Master Servicer Event of Servicing Default arising therefrom shall be deemed to have been timely remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereon except to the extent expressly so waived. The Indenture Trustee HELOC Back-Up Servicer shall give notice of any such waiver to the Rating Agencies.

Appears in 1 contract

Samples: Servicing Agreement (American Home Mortgage Investment Trust 2005-4)

Waiver of Defaults. The Indenture Trustee shall transmit by mail to the Securities Administrator, who shall give prompt written notice thereof to all NoteholdersCertificateholders, within 60 days after the occurrence of any Master Servicer Event of Default of which actually known to a Responsible Officer of the Indenture Trustee received written notice or has actual knowledgeTrustee, unless such Master Servicer Event of Default shall have been cured, notice of each such Master Servicer Event of Default. The Holders of Notes Certificates evidencing Fractional Undivided Interests aggregating at least not less than 51% of the Note Principal Balance of the Notes Trust Fund may, on behalf of all NoteholdersCertificateholders, waive any default by the Master Servicer in the performance of its obligations hereunder and the consequences thereof, except a default in the making of or the causing to be made any required distribution on the NotesCertificates, which default may only be waived by Holders of Notes Certificates evidencing Fractional Undivided Interests aggregating 100% of the Note Principal Balance of the NotesTrust Fund. Upon any such waiver of a past default, such default shall be deemed to cease to exist, and any Master Servicer Event of Default arising therefrom shall be deemed to have been timely remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent 138 thereon except to the extent expressly so waived. The Indenture Trustee Securities Administrator shall give notice of any such waiver to the Trustee, who shall then give such notice to the Rating Agencies.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2006-2, Mortgage Pass-Through Certificates, Series 2006-2)

Waiver of Defaults. The Indenture Trustee shall transmit by mail to all NoteholdersCertificateholders, within 60 days after the occurrence of any Master Servicer Event of Default of which actually known to a Responsible Officer of the Indenture Trustee received written notice or has actual knowledgeTrustee, unless such Master Servicer Event of Default shall have been cured, notice of each such Master Servicer Event of Default. The Holders of Notes Certificates evidencing Fractional Undivided Interests aggregating at least not less than 51% of the Note Principal Balance of the Notes Trust Fund may, on behalf of all NoteholdersCertificateholders, waive any default by the Master Servicer in the performance of its obligations hereunder and the consequences thereof, except a default in the making of or the causing to be made any required distribution on the NotesCertificates, which default may only be waived by Holders of Notes Certificates evidencing Fractional Undivided Interests aggregating 100% of the Note Principal Balance of the NotesTrust Fund. Upon any such waiver of a past default, such default shall be deemed to cease to exist, and any Master Servicer Event of Default arising therefrom shall be deemed to have been timely remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereon except to the extent expressly so waived. The Indenture Trustee shall give notice of any such waiver to the Rating AgenciesAgencies and Radian.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Prime Mortgage Trust, Mortgage Pass-Through Certificates, Series 2004-1)

Waiver of Defaults. The Indenture Trustee shall transmit by mail to the Insurer and all Class VI-A Noteholders, within 60 10 days after the occurrence of any Master Servicer Event of Servicing Default of which a Responsible Officer of known to the Indenture Trustee received written notice or has actual knowledgeTrustee, unless such Master Servicer Event of Servicing Default shall have been cured, notice of each such Master Servicer Event Servicing Default hereunder of Defaultwhich a Responsible Officer of the Indenture Trustee has actual knowledge. The Holders Insurer, or the holders of Notes aggregating at least 51% of the aggregate Note Principal Balance of the Notes mayClass VI-A Notes, on behalf with the consent of all Noteholdersthe Insurer, may waive any default by the Master HELOC Back-Up Servicer in the performance of its obligations hereunder and the consequences thereof, except a default in the making of or the causing to be made any required distribution on the Notes, which default may only be waived by Holders of Notes aggregating 100% of the Note Principal Balance of the Class VI-A Notes. Upon any such waiver of a past default, such default shall be deemed to cease to exist, and any Master Servicer Event of Servicing Default arising therefrom shall be deemed to have been timely remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereon except to the extent expressly so waived. The Indenture Trustee HELOC Back-Up Servicer shall give notice of any such waiver to the Rating Agencies.

Appears in 1 contract

Samples: Servicing Agreement (American Home Mortgage Investment Trust 2005-2)

Waiver of Defaults. The Indenture Trustee shall transmit by mail to the Insurer and all Class IX-A Noteholders, within 60 10 days after the occurrence of any Master Servicer Event of Servicing Default of which a Responsible Officer of known to the Indenture Trustee received written notice or has actual knowledgeTrustee, unless such Master Servicer Event of Servicing Default shall have been cured, notice of each such Master Servicer Event Servicing Default hereunder of Defaultwhich a Responsible Officer of the Indenture Trustee has actual knowledge. The Holders Insurer, or the holders of Notes aggregating at least 51% of the aggregate Note Principal Balance of the Notes mayClass IX-A Notes, on behalf with the consent of all Noteholdersthe Insurer, may waive any default by the Master HELOC Back-Up Servicer in the performance of its obligations hereunder and the consequences thereof, except a default in the making of or the causing to be made any required distribution on the Notes, which default may only be waived by Holders of Notes aggregating 100% of the Note Principal Balance of the Class IX-A Notes. Upon any such waiver of a past default, such default shall be deemed to cease to exist, and any Master Servicer Event of Servicing Default arising therefrom shall be deemed to have been timely remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereon except to the extent expressly so waived. The Indenture Trustee HELOC Back-Up Servicer shall give notice of any such waiver to the Rating Agencies.

Appears in 1 contract

Samples: Servicing Agreement (American Home Mortgage Investment Trust 2005-1)

Waiver of Defaults. The Indenture Trustee shall transmit by mail to all Noteholders, within 60 10 days after the occurrence of any RMBS Master Servicer Event of Servicing Default of which a Responsible Officer of known to the Indenture Trustee received written notice or has actual knowledgeTrustee, unless such RMBS Master Servicer Event of Servicing Default shall have been cured, notice of each such RMBS Master Servicer Event Servicing Default hereunder of Defaultwhich a Responsible Officer of the Indenture Trustee has actual knowledge. The Holders holders of Notes aggregating at least 51% of the aggregate Note Principal Balance of each Class of the Notes may, on behalf of all Noteholders, may waive any default by the RMBS Master Servicer in the performance of its obligations hereunder and the consequences thereof, except a default in the making of or the causing to be made any required distribution on the Notes, which default may only be waived by Holders of Notes aggregating 100% of the Note Principal Balance of the Notes. Upon any such waiver of a past default, such default shall be deemed to cease to exist, and any RMBS Master Servicer Event of Servicing Default arising therefrom shall be deemed to have been timely remedied for every purpose of this RMBS Master Servicing Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereon except to the extent expressly so waived. The Indenture Trustee RMBS Master Servicer shall give notice of any such waiver to the Rating Agencies.

Appears in 1 contract

Samples: RMBS Master Servicing Agreement (American Home Mortgage Investment Trust 2006-2)

Waiver of Defaults. The Indenture Trustee shall transmit by mail to all NoteholdersBondholders and the Bond Insurer, within 60 10 days after the occurrence of any Master Servicer Event of Servicing Default of which a Responsible Officer of known to the Indenture Trustee received written notice or has actual knowledgeTrustee, unless such Master Servicer Event of Servicing Default shall have been cured, notice of each such Master Servicer Event of DefaultServicing Default hereunder actually known to a Responsible Officer the Indenture Trustee. The Holders Bond Insurer or if a Bond Insurer Default exists, the holders of Notes aggregating at least 51% of the Note aggregate Bond Principal Balance of the Notes may, on behalf of all Noteholders, Bonds may waive any default by the Master Servicer in the performance of its obligations hereunder and the consequences thereof, except a default in the making of or the causing to be made any required distribution on the Notes, which default may only be waived by Holders of Notes aggregating 100% of the Note Principal Balance of the NotesBonds. Upon any such waiver of a past default, such default shall be deemed to cease to exist, and any Master Servicer Event of Servicing Default arising therefrom shall be deemed to have been timely remedied for every purpose of this Servicing Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereon except to the extent expressly so waived. The Indenture Trustee Master Servicer shall give notice of any such waiver to the Rating Agencies.

Appears in 1 contract

Samples: Servicing Agreement (Imh Assets Corp Impac CMB Trust Series 1999-1)

Waiver of Defaults. The Indenture Trustee shall transmit by mail to all NoteholdersCertificateholders and the Insurer, within 60 days after the occurrence of any Master Servicer Event of Default of which actually known to a Responsible Officer of the Indenture Trustee received written notice or has actual knowledgeTrustee, unless such Master Servicer Event of Default shall have been cured, notice of each such Master Servicer Event of DefaultDefault hereunder known to the Trustee. The Insurer and Holders of Notes aggregating at least Certificates evidencing not less than 51% of the Note Principal Balance Voting Rights (with the consent of the Notes Insurer) may, on behalf of all NoteholdersCertificateholders, waive any default by the Master Servicer in the performance of its obligations hereunder and the consequences thereof, except a default in the making of or the causing to be made of any required distribution on remittances to the Notes, which default may only be waived by Holders of Notes aggregating 100% of the Note Principal Balance of the NotesSecurities Administrator. Upon any such waiver of a past default, such default shall be deemed to cease to exist, and any Master Servicer Event of Default arising therefrom shall be deemed to have been timely remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereon except to the extent expressly so waived. The Indenture Trustee shall give notice of any such waiver to each Rating Agency and the Rating AgenciesInsurer.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (SACO I Trust 2006-2)

Waiver of Defaults. The Indenture Trustee shall transmit by ------------------- mail to all NoteholdersBondholders and the Bond Insurer, within 60 10 days after the occurrence of any Master Servicer Event of Servicing Default of which a Responsible Officer of known to the Indenture Trustee received written notice or has actual knowledgeTrustee, unless such Master Servicer Event of Servicing Default shall have been cured, notice of each such Master Servicer Event Servicing Default hereunder known to a Responsible Officer of Defaultthe Indenture Trustee. The Holders Bond Insurer, or if a Bond Insurer Default exists, the holders of Notes aggregating at least 51% of the Note aggregate Bond Principal Balance of the Notes may, on behalf of all Noteholders, Bonds may waive any default by the Master Servicer in the performance of its obligations hereunder and the consequences thereof, except a default in the making of or the causing to be made any required distribution on the Notes, which default may only be waived by Holders of Notes aggregating 100% of the Note Principal Balance of the NotesBonds. Upon any such waiver of a past default, such default shall be deemed to cease to exist, and any Master Servicer Event of Servicing Default arising therefrom shall be deemed to have been timely remedied for every purpose of this Servicing Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereon except to the extent expressly so waived. The Indenture Trustee Master Servicer shall give notice of any such waiver to the Rating Agencies.

Appears in 1 contract

Samples: Servicing Agreement (Imh Assets Corp)

Waiver of Defaults. The Indenture Trustee shall transmit by mail to all Noteholders, within 60 days after the occurrence of any Master Servicer Event of Default of which a Responsible Officer of the Indenture Trustee received written notice or has actual knowledge, unless such Master Servicer Event of Default shall have been cured, notice of each such Master Servicer Event of Default. The Holders of Notes aggregating at least 51% of the Note Principal Balance of the Notes may, on behalf of all Noteholders, waive any default by the Master Servicer in the performance of its obligations hereunder and the consequences thereof, except a default in the making of or the causing to be made any required distribution on the Notes, which default may only be waived by Holders of Notes aggregating 100% of the Note Principal Balance of the Notes. Upon any such waiver of a past default, such default shall be deemed to cease to exist, and any Master Servicer Event of Default arising therefrom shall be deemed to have been timely remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereon except to the extent expressly so waived. The Indenture Trustee shall give notice of any such waiver to the Rating AgenciesAgency.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Structured Asset Mort Inv Inc Mort Back NTS Ser 2003-1)

Waiver of Defaults. The Indenture Trustee shall transmit by mail to the Securities Administrator, who shall give prompt written notice thereof to all NoteholdersCertificateholders, within 60 days after the occurrence of any Master Servicer Event of Default of which actually known to a Responsible Officer of the Indenture Trustee received written notice or has actual knowledgeTrustee, unless such Master Servicer Event of Default shall have been cured, notice of each such Master Servicer Event of Default. The Holders of Notes Certificates evidencing Fractional Undivided Interests aggregating at least not less than 51% of the Note Principal Balance of the Notes Trust Fund may, on behalf of all NoteholdersCertificateholders, waive any default by the Master Servicer in the performance of its obligations hereunder and the consequences thereof, except a default in the making of or the causing to be made any required distribution on the NotesCertificates, which default may only be waived by Holders of Notes Certificates evidencing Fractional Undivided Interests aggregating 100% of the Note Principal Balance of the NotesTrust Fund. Upon any such waiver of a past default, such default shall be deemed to cease to exist, and any Master Servicer Event of Default arising therefrom shall be deemed to have been timely remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereon except to the extent expressly so waived. The Indenture Trustee Securities Administrator shall give notice of any such waiver to the Trustee, who shall then give such notice to the Rating Agencies.. 178

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2006-3)

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