Annual Servicer definition

Annual Servicer s Certificate 25 Section 3.06 Annual Independent Public Accountants' Servicing Report 25 Section 3.07 Tax Treatment 26 Section 3.08 Notices to Transferor 27 Section 3.09 Dilution Factors 27 Section 3.10 Covenant to Maintain Privileges 27 ARTICLE IV RIGHTS OF CERTIFICATEHOLDERS AND ALLOCATION AND APPLICATION OF COLLECTIONS 27 Section 4.01 Rights of Certificateholders 27 Section 4.02 Establishment of Collection Account 28 Section 4.03 Collections and Allocations 29 Section 4.04 Daily Allocations of Collections Allocated to a Series 31 Section 4.05 Determination of Interest Distributable on Investor Certificate 31 Section 4.06 Determination of Principal Distributable on Investor Certificates 31 Section 4.07 Distributions from Series Collection Sub-subaccounts 31 Section 4.08 Funds Unrelated to Receivables 31 ARTICLE V DISTRIBUTIONS AND REPORTS TO CERTIFICATEHOLDERS 32 Section 5.01 Distributions 32 Section 5.02 Monthly Investor Certificateholders' Statement; Annual Tax Statement 32 ARTICLE VI THE CERTIFICATES 33 Section 6.01 The Certificates 33 Section 6.02 Authentication of Certificates 33 Section 6.03 Registration of Transfer and Exchange of Certificates 34 Section 6.04 Mutilated, Destroyed, Lost or Stolen Certificates 36 Section 6.05 Persons Deemed Owners 36 Section 6.06 Appointment of Paying Agent 37 Section 6.07 Access to List of Certificateholders' Names and Addresses 37 Section 6.08 Authenticating Agent 38 Section 6.09 New Issuances 39 Section 6.10 Book-Entry Certificates 40 Section 6.11 Notices to Clearing Agency 41 Section 6.12 Definitive Certificates 41 Section 6.13 Letter of Representations 42 ARTICLE VII OTHER MATTERS RELATING TO THE TRANSFEROR 42 Section 7.01 Liability of the Transferor 42 Section 7.02 Merger or Consolidation of, or Assumption of the Obligations of, the Transferor 42 Section 7.03 Limitation on Liability of the Transferor 43
Annual Servicer s Certificate 39 Section 3.06. Independent Public Accountants' Servicing Report 39 Section 3.07. Tax Treatment 41 Section 3.08. Notices to the Seller 41 Section 3.09. Adjustments 41 Section 3.10. Fidelity Bond and Errors and Omissions Insurance 42
Annual Servicer s certificate, the monthly payment instructions and notification to Trustee, the monthly Holder's statement, any resolution, certificate, statement, instrument, opinion, report, notice, request, consent, order, approval, bond or other paper or document, unless requested in writing so to do by Holders of Investor Certificates evidencing Undivided Interests aggregating more than 50% of the Investor Interest of any Series which could be adversely affected if Trustee does not perform such acts;

Examples of Annual Servicer in a sentence

  • MINIMUM SERVICING STANDARDS The following list sets forth (i) certain of the Services provided for in the body of the Administration Agreement and (ii) certain of the functions required of the Cash Manager under the terms of the Cash Management Agreement, which together are known as the "minimum servicing standards" for purposes of Clause 5.7(b) (Independent Auditors' Annual Servicer Compliance Certificate) of the Administration Agreement.

  • SCHEDULE 5 MINIMUM SERVICING STANDARDS The following list sets forth (i) certain of the Services provided for in the body of the Administration Agreement and (ii) certain of the functions required of the Cash Manager under the terms of the Cash Management Agreement, which together are known as the "minimum servicing standards" for purposes of Clause 5.7 (Independent Auditors' Annual Servicer Compliance Certificate) of the Administration Agreement.

  • The Servicer shall assist WEST in the course of preparation of the Annual Servicer Audit.

Related to Annual Servicer

  • Special Servicer means the special servicer appointed to act in such capacity with respect to the Mortgage Loan as provided in the Lead Securitization Servicing Agreement.

  • Master Servicer means the master servicer appointed as provided in the Lead Securitization Servicing Agreement.

  • Servicer means the Master Servicer or the Special Servicer, as the context may require.

  • Interim Servicer The servicer under the Interim Servicing Agreement, or its successor in interest, or any successor to the Interim Servicer under the Interim Servicing Agreement, as therein provided.

  • Sub-Servicer Any Person with which the Master Servicer has entered into a Sub-Servicing Agreement and which meets the qualifications of a Sub-Servicer pursuant to Section 3.02.

  • Non-Lead Special Servicer means the “special servicer” under any Non-Lead Securitization Servicing Agreement.

  • Subservicer means any Person that services Receivables on behalf of the Servicer or any Subservicer and is responsible for the performance (whether directly or through Subservicers or Subcontractors) of a substantial portion of the material servicing functions required to be performed by the Servicer under this Agreement that are identified in Item 1122(d) of Regulation AB.

  • Special Servicer Servicing Personnel The divisions and individuals of the Special Servicer who are involved in the performance of the duties of the Special Servicer under this Agreement.

  • Primary Servicer Prudential Asset Resources, Inc., or any successor thereto (as primary servicer) appointed as provided in the Primary Servicing Agreement.

  • Other Special Servicer The applicable other “special servicer” under an Other Pooling and Servicing Agreement relating to a Serviced Companion Loan.

  • Supervisory Servicer means Xxx Xxxxxx Investment Advisory Corp. and its successors in interest, or any successor portfolio supervisor appointed as hereinafter provided.

  • Successor Master Servicer The meaning ascribed to such term pursuant to Section 8.02.

  • Non-Lead Master Servicer means the “master servicer” under any Non-Lead Securitization Servicing Agreement.

  • Master Servicer Servicing Personnel The divisions and individuals of the Master Servicer who are involved in the performance of the duties of the Master Servicer under this Agreement.

  • Non-Lead Servicer means any Non-Lead Master Servicer or Non-Lead Special Servicer, as the context may require.

  • Additional Servicer Each affiliate of each Servicer that services any of the Mortgage Loans and each Person who is not an affiliate of the any Servicer, who services 10% or more of the Mortgage Loans. For clarification purposes, the Master Servicer and the Securities Administrator are Additional Servicers.

  • Reporting Servicer As defined in Section 11.13.

  • General Special Servicer mean the Person performing the duties and obligations of special servicer with respect to the Mortgage Pool (exclusive of (A) any Serviced Loan Combination or related REO Property as to which a different Loan Combination Special Servicer has been appointed with respect thereto and (B) any Excluded Special Servicer Mortgage Loan or any related REO Property as to which an Excluded Mortgage Loan Special Servicer has been appointed with respect thereto).

  • FTPS Unit Servicing Agent means FTP Services LLC or any successor FTPS Unit servicing agent appointed as hereinafter provided."

  • Other Servicer The applicable other “master servicer” under an Other Pooling and Servicing Agreement relating to a Serviced Companion Loan.

  • Note A-3 Special Servicer means the special servicer under the Note A-3 PSA.

  • Outside Special Servicer With respect to an Outside Serviced Mortgage Loan, the special servicer under the applicable Outside Servicing Agreement.

  • General Servicing Fee With respect to each Due Period and any Mortgage Loan, an amount equal to one-twelfth the product of (i) the General Servicing Fee Rate and (ii) the outstanding principal balance of such Mortgage Loan as of the related Determination Date. The General Servicing Fee is payable solely from, the interest portion (including recoveries with respect to interest from Liquidation Proceeds to the extent permitted by Section 3.02 of this Agreement) of such Monthly Payments collected by the Servicer, or as otherwise provided under this Agreement. General Servicing Fee Rate: 0.50% per annum.

  • The Servicer s resignation pursuant to Section 7.5 or upon the Servicer's receipt of notice of termination as Servicer pursuant to Section 8.1(a), the Indenture Trustee (or an Affiliate of the Indenture Trustee that is an Eligible Servicer appointed by the Indenture Trustee) shall be the successor in all respects to the Servicer in its capacity as Servicer under this Agreement (provided that neither the Indenture Trustee nor any other successor Servicer shall have any obligation, but may elect, to make available to an Obligor any refinancing of a Last Scheduled Payment in the manner specified in the last sentence of Section 3.2(e) hereof), and shall be subject to all the responsibilities, duties and liabilities relating thereto placed on the Servicer by the terms and provisions of this Agreement. As compensation therefor, the Indenture Trustee shall be entitled to such compensation (whether payable out of the Collection Account or otherwise) as the Servicer would have been entitled to under this Agreement if no such notice of termination or resignation had been given, except that all collections shall be deposited in the Collection Account within two Business Days of receipt and shall not be retained by the Servicer. Notwithstanding the above, the Indenture Trustee may, if it shall be unwilling so to act, or shall, if it is legally unable so to act, appoint, or petition a court of competent jurisdiction to appoint, an Eligible Servicer as the successor to the terminated Servicer under this Agreement. In connection with such appointment, the Indenture Trustee may make such arrangements for the compensation of such successor Servicer out of payments on Receivables as it and such successor shall agree, which, in no event, shall be greater than that payable to MMCA as Servicer hereunder. The Indenture Trustee and such successor shall take such action, consistent with this Agreement, as shall be necessary to effectuate any such succession including, but not limited to, making arrangements in respect of the last sentence of Section 3.2(e) of this Agreement. The Indenture Trustee shall not be relieved of its duties as successor Servicer under this Section 8.2 until a newly appointed Servicer shall have assumed the responsibilities and obligations of the terminated Servicer under this Agreement.

  • Outside Servicer With respect to an Outside Serviced Mortgage Loan, the master servicer under the applicable Outside Servicing Agreement.

  • Note A-2 Special Servicer means the special servicer under the Note A-2 PSA.