Backup Servicer definition
Examples of Backup Servicer in a sentence
In connection with the conversion of the Live Data Files to its internal systems, the Backup Servicer shall be entitled to receive such compensation as shall be mutually agreed in writing by the Servicer, the Deal Agent and Backup Servicer pursuant to Section 2.7(a)(ii) of the Loan Agreement but in any event not to exceed $20,000 for set-up and initial conversion and $7,500 for each subsequent instance (if any) requested by the Deal Agent.
The Servicer shall advise the Backup Servicer, the Collateral Agent, each Lender and the Deal Agent promptly, in reasonable detail of: (i) any Lien asserted or claim made against any portion of the Collateral; (ii) the occurrence of any breach by the Servicer of any of its representations, warranties and covenants contained herein or in any other Transaction Document; and (iii) the occurrence of any other event which would have a Material Adverse Effect.
In connection with the delivery obligations of the Servicer under Section 2.1(d), Credit Acceptance shall provide a Live Data File (as defined below) transmission to the Backup Servicer, which shall include the Loans and Contracts master file, the transaction history file and all other files necessary to carry out the Service-Related Activities in connection herewith (the “Live Data Files”).
The Backup Servicer shall retain the most recent three (3) months' Live Data Files.
If the Backup Servicer determines that the Servicer’s Data File is not in readable form, the Backup Servicer shall promptly upon actual knowledge thereof (but in any event within one (1) Business Day) notify the Servicer and the Deal Agent by telephone or electronic mail, and upon such notification, the Servicer shall prepare and send a replacement Servicer’s Data File to the Backup Servicer satisfying the Backup Servicer’s specifications, for receipt by the Backup Servicer on the next Business Day.