Independence of the Servicer. For all purposes of this Agreement, the Servicer shall be an independent contractor and shall not be subject to the supervision of the Issuer, the Trust Collateral Agent, the Trustee or the Owner Trustee with respect to the manner in which it accomplishes the performance of its obligations hereunder. Unless expressly authorized by this Agreement or any other Basic Document, the Servicer shall have no authority to act for or represent the Issuer or the Owner Trustee in any way and shall not otherwise be deemed an agent of the Issuer or the Owner Trustee.
Appears in 78 contracts
Samples: Sale and Servicing (GM Financial Consumer Automobile Receivables Trust 2020-1), Sale and Servicing (GM Financial Consumer Automobile Receivables Trust 2020-1), Sale and Servicing (GM Financial Consumer Automobile Receivables Trust 2019-4)
Independence of the Servicer. For all purposes of this Agreement, the Servicer shall be an independent contractor and shall not be subject to the supervision of the Issuer, the Trust Collateral Agent, the Trustee or the Owner Trustee with respect to the manner in which it accomplishes the performance of its obligations hereunder. Unless expressly authorized by this Agreement or any other Basic Document, the Servicer shall have no authority to act for or represent the Issuer or the Owner Trustee in any way and shall not otherwise be deemed an agent of the Issuer or the Owner Trustee.
Appears in 60 contracts
Samples: Sale and Servicing (AmeriCredit Automobile Receivables Trust 2024-1), Sale and Servicing (GM Financial Consumer Automobile Receivables Trust 2024-2), Sale and Servicing (GM Financial Consumer Automobile Receivables Trust 2024-2)
Independence of the Servicer. For all purposes of this Agreement, the Servicer shall be an independent contractor and shall not be subject to the supervision of the Issuer, the Trust Collateral Agent, the Trustee Agent and Backup Servicer or the Owner Trustee with respect to the manner in which it accomplishes the performance of its obligations hereunder. Unless expressly authorized by this Agreement or any other Basic DocumentAgreement, the Servicer shall have no authority to act for or represent the Issuer or the Owner Trustee in any way and shall not otherwise be deemed an agent of the Issuer or the Owner Trustee.
Appears in 43 contracts
Samples: Sale and Servicing (AFS Funding Trust), Sale and Servicing Agreement (AFS SenSub Corp.), Sale and Servicing (AFS SenSub Corp.)
Independence of the Servicer. For all purposes of this Agreement, the Servicer shall be an independent contractor and shall not be subject to the supervision of the Issuer, the Trust Collateral AgentHolding Trust, the Trustee Indenture Trustee, the Backup Servicer or the Owner Trustee with respect to the manner in which it accomplishes the performance of its obligations hereunder. Unless expressly authorized by this Agreement or any other Basic DocumentAgreement, the Servicer shall have no authority to act for or represent the Issuer Issuer, the Holding Trust or the Owner Trustee in any way and shall not otherwise be deemed an agent of the Issuer Issuer, the Holding Trust or the Owner Trustee.
Appears in 34 contracts
Samples: Sale and Servicing Agreement (Exeter Automobile Receivables Trust 2024-3), Sale and Servicing Agreement (Exeter Automobile Receivables Trust 2024-3), Sale and Servicing Agreement (Exeter Automobile Receivables Trust 2024-2)
Independence of the Servicer. For all purposes of this Agreement, the Servicer shall be an independent contractor and shall not be subject to the supervision of the Issuer, the Trust Collateral Agent, the Trustee Issuer or the Owner Trustee with respect to the manner in which it accomplishes the performance of its obligations hereunder. Unless expressly authorized by this Agreement or any other Basic Documentthe Issuer, the Servicer shall have no authority to act for or represent the Issuer or the Owner Trustee in any way and shall not otherwise be deemed an agent of the Issuer or the Owner Trustee.
Appears in 32 contracts
Samples: Sale and Servicing Agreement (Franklin Auto Trust 2007-1), Sale and Servicing Agreement (Franklin Receivables Auto Trust 2003-1), Sale and Servicing Agreement (Franklin Receivables LLC)
Independence of the Servicer. For all purposes of this Agreement, the Servicer shall be an independent contractor and shall not be subject to the supervision of the Issuer, the Trust Collateral Agent, Agent and the Trustee Backup Servicer or the Owner Trustee with respect to the manner in which it accomplishes the performance of its obligations hereunder. Unless expressly authorized by this Agreement or any other Basic DocumentAgreement, the Servicer shall have no authority to act for or represent the Issuer or the Owner Trustee in any way and shall not otherwise be deemed an agent of the Issuer or the Owner Trustee.
Appears in 27 contracts
Samples: Sale and Servicing (AmeriCredit Automobile Receivables Trust 2012-3), Sale and Servicing (AmeriCredit Automobile Receivables Trust 2012-3), Sale and Servicing (Americredit Automobile Receivables Trust 2012-2)
Independence of the Servicer. For all purposes of this Agreement, the Servicer shall be an independent contractor and shall not be subject to the supervision of the Issuer, the Trust Collateral Agent, the Trustee Back-up Servicer or the Owner Trustee with respect to the manner in which it accomplishes the performance of its obligations hereunder. Unless expressly authorized by this Agreement or any other Basic DocumentAgreement, the Servicer shall have no authority to act for or represent the Issuer or the Owner Trustee in any way and shall not otherwise be deemed an agent of the Issuer or the Owner Trustee.
Appears in 20 contracts
Samples: Sale and Servicing Agreement (Long Beach Acceptance Receivables Corp. II), Sale and Servicing Agreement (Long Beach Acceptance Auto Receivables Trust 2005-B), Sale and Servicing Agreement (Long Beach Acceptance Corp. Auto Receivables Trust 2006-A)
Independence of the Servicer. For all purposes of this Agreement, the Servicer shall will be an independent contractor and shall will not be subject to the supervision of the Issuer, the Trust Collateral Agent, the Indenture Trustee and Backup Servicer or the Owner Trustee with respect to the manner in which it accomplishes the performance of its obligations hereunder. Unless expressly authorized by this Agreement or any other Basic DocumentAgreement, the Servicer shall will have no authority to act for or represent the Issuer or the Owner Trustee in any way and shall will not otherwise be deemed an agent of the Issuer or the Owner Trustee.
Appears in 12 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)
Independence of the Servicer. For all purposes of this Agreement, the Servicer shall be an independent contractor and shall not be subject to the supervision of the Issuer, the Trust Collateral Agent, the Trustee and Backup Servicer or the Owner Trustee with respect to the manner in which it accomplishes the performance of its obligations hereunder. Unless expressly authorized by this Agreement or any other Basic DocumentAgreement, the Servicer shall have no authority to act for or represent the Issuer or the Owner Trustee in any way and shall not otherwise be deemed an agent of the Issuer or the Owner Trustee.
Appears in 12 contracts
Samples: Sale and Servicing (Consumer Portfolio Services Inc), Sale and Servicing (Consumer Portfolio Services Inc), Sale and Servicing (Consumer Portfolio Services Inc)
Independence of the Servicer. For all purposes of this ---------------------------- Agreement, the Servicer shall be an independent contractor and shall not be subject to the supervision of the Issuer, the Trust Collateral Agent, the Trustee Agent and Backup Servicer or the Owner Trustee with respect to the manner in which it accomplishes the performance of its obligations hereunder. Unless expressly authorized by this Agreement or any other Basic DocumentAgreement, the Servicer shall have no authority to act for or represent the Issuer or the Owner Trustee in any way and shall not otherwise be deemed an agent of the Issuer or the Owner Trustee.
Appears in 10 contracts
Samples: Sale and Servicing Agreement (Americredit Financial Services Inc), Sale and Servicing Sale and Servicing Agreement (Americredit Financial Services Inc), Sale and Servicing Agreement (Americredit Financial Services Inc)
Independence of the Servicer. For all purposes of this Agreement, the Servicer shall be an independent contractor and shall not be subject to the supervision of the Issuer, the Trust Collateral AgentPurchaser, the Trustee or the Owner Trustee and Backup Servicer with respect to the manner in which it accomplishes the performance of its obligations hereunder. Unless expressly authorized by this Agreement or any other Basic DocumentAgreement, the Servicer shall have no authority to act for or represent the Issuer or the Owner Trustee Purchaser in any way and shall not otherwise be deemed an agent of the Issuer or the Owner TrusteePurchaser.
Appears in 10 contracts
Samples: Sale and Servicing (Silverleaf Resorts Inc), Sale and Servicing Agreement (Consumer Portfolio Services Inc), Sale and Servicing Agreement (Consumer Portfolio Services Inc)
Independence of the Servicer. For all purposes of this Agreement, the Servicer shall be an independent contractor and shall not be subject to the supervision of the Issuer, the Trust Collateral Agent, the Trustee Agent or the Owner Trustee with respect to the manner in which it accomplishes the performance of its obligations hereunder. Unless expressly authorized by this Agreement or any other Basic DocumentAgreement, the Servicer shall have no authority to act for or represent the Issuer or the Owner Trustee in any way and shall not otherwise be deemed an agent of the Issuer or the Owner Trustee.
Appears in 8 contracts
Samples: Sale and Servicing (AmeriCredit Automobile Receivables Trust 2012-4), Sale and Servicing (AmeriCredit Automobile Receivables Trust 2012-4), Sale and Servicing Agreement (National Financial Auto Funding Trust)
Independence of the Servicer. For all purposes of this Agreement, the Servicer shall be an independent contractor and shall not be subject to the supervision of the Issuer, the Trust Collateral Agent, the Trustee and Standby Servicer or the Owner Trustee with respect to the manner in which it accomplishes the performance of its obligations hereunder. Unless expressly authorized by this Agreement or any other Basic DocumentAgreement, the Servicer shall have no authority to act for or represent the Issuer or the Owner Trustee in any way and shall not otherwise be deemed an agent of the Issuer or the Owner Trustee.
Appears in 8 contracts
Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc), Sale and Servicing Agreement (Consumer Portfolio Services Inc), Sale and Servicing Agreement (Consumer Portfolio Services Inc)
Independence of the Servicer. For all purposes of this Agreement, the Servicer shall be an independent contractor and shall not be subject to the supervision of the IssuerTrust, the Trust Collateral Agent, the Trustee Designated Backup Subservicer and Backup Servicer or the Owner Trustee with respect to the manner in which it accomplishes the performance of its obligations hereunder. Unless expressly authorized by this Agreement or any other Basic Documentthe Trust Agreement, the Servicer shall have no authority to act for or represent the Issuer Trust or the Owner Trustee in any way and shall not otherwise be deemed an agent of the Issuer Trust or the Owner Trustee.
Appears in 6 contracts
Samples: Sale and Servicing (UPFC Auto Receivables Trust 2006-B), Sale and Servicing (UPFC Auto Receivables Trust 2007-A), Sale and Servicing (UPFC Auto Receivables Corp.)
Independence of the Servicer. For all purposes of this Agreement, the Servicer shall be an independent contractor and shall not be subject to the supervision of the Issuer, the Trust Collateral Agent, the Trustee or the Owner Trustee with respect to the manner in which it accomplishes the performance of its obligations hereunder. Unless expressly authorized by this Agreement or any other Basic Documentthe Trustee, the Servicer shall have no authority to act for or represent the Issuer or the Owner Trustee in any way and shall not otherwise be deemed an agent of the Issuer or the Owner Trustee.
Appears in 5 contracts
Samples: Pooling and Servicing Agreement (Mellon Auto Grantor Trust 2000-1), Pooling and Servicing Agreement (Mellon Auto Grantor Trust 1999-1), Pooling and Servicing Agreement (Barnett Auto Receivables Corp)
Independence of the Servicer. For all purposes of this Agreement, the Servicer shall be an independent contractor and shall not be subject to the supervision of the Issuer, the Trust Collateral AgentIndenture Trustee, the Trustee Administrator or the Owner Trustee with respect to the manner in which it accomplishes the performance of its obligations hereunder. Unless expressly authorized by this Agreement or any other Basic Documentthe Series Supplement, the Servicer shall have no authority to act for or represent the Issuer or the Owner Trustee in any way and shall not otherwise be deemed an agent of the Issuer or the Owner Trustee.
Appears in 5 contracts
Samples: Sale and Servicing Agreement (HSBC Automotive Trust (USA) 2006-3), Sale and Servicing Agreement (HSBC Auto Receivables Corp), Sale and Servicing Agreement (HSBC Auto Receivables Corp)
Independence of the Servicer. For all purposes of this Agreement, the Servicer shall be an independent contractor and shall not be subject to the supervision of the Issuer, the Trust Collateral Agent, the Trustee Designated Backup Subservicer and Backup Servicer or the Owner Trustee with respect to the manner in which it accomplishes the performance of its obligations hereunder. Unless expressly authorized by this Agreement or any other Basic Documentthe Trust Agreement, the Servicer shall have no authority to act for or represent the Issuer or the Owner Trustee in any way and shall not otherwise be deemed an agent of the Issuer or the Owner Trustee.
Appears in 4 contracts
Samples: Sale and Servicing Agreement (United Pan Am Financial Corp), Sale and Servicing (UPFC Auto Receivables Trust 2005-A), Sale and Servicing (UPFC Auto Receivables Trust 2004-A)
Independence of the Servicer. For all purposes of this ---------------------------- Agreement, the Servicer shall be an independent contractor and shall not be subject to the supervision of the Issuer, the Trust Collateral Agent, the Trustee Agent or the Owner Trustee with respect to the manner in which it accomplishes the performance of its obligations hereunder. Unless expressly authorized by this Agreement or any other Basic DocumentAgreement, the Servicer shall have no authority to act for or represent the Issuer or the Owner Trustee in any way and shall not otherwise be deemed an agent of the Issuer or the Owner Trustee.
Appears in 3 contracts
Samples: Sale and Servicing (TFC Enterprises Inc), Sale and Servicing (TFC Enterprises Inc), Sale and Servicing Agreement (TFC Enterprises Inc)
Independence of the Servicer. For all purposes of this Agreement, the Servicer shall be an independent contractor and shall not be subject to the supervision of the Issuer, the Trust Collateral Agent, the Trustee Trustee, the Backup Servicer or the Owner Trustee with respect to the manner in which it accomplishes the performance of its obligations hereunder. Unless expressly authorized by this Agreement or any other Basic DocumentAgreement, the Servicer shall have no authority to act for or represent the Issuer or the Owner Trustee in any way and shall not otherwise be deemed an agent of the Issuer or the Owner Trustee.
Appears in 3 contracts
Samples: Sale and Servicing (AFS Funding Trust), Sale and Servicing Agreement (AmeriCredit Automobile Receivables Trust 2006-1), Sale and Servicing Agreement (Americredit Automobile Receivables Trust 2005-1)
Independence of the Servicer. For all purposes of this Agreement, the Servicer shall be an independent contractor and shall not be subject to the supervision of the Issuer, the Trust Collateral Agent, the Trustee Issuer or the Owner Trustee with respect to the manner in which it accomplishes the performance of its obligations hereunder. Unless expressly authorized by this Agreement the Issuer or any other Basic Documentthe Owner Trustee, the Servicer shall have no authority to act for or represent the Issuer or the Owner Trustee in any way and shall not otherwise be deemed an agent of the Issuer or the Owner Trustee.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (Ml Asset Backed Corp), Sale and Servicing Agreement (Painewebber Asset Acceptance Corp), Sale and Servicing Agreement (Ml Asset Backed Corp)
Independence of the Servicer. For all purposes of this Agreement, the Servicer shall be an independent contractor and shall not be subject to the supervision of the Issuer, the Trust Collateral AgentPurchaser, the Trustee or the Owner Trustee and Standby Servicer with respect to the manner in which it accomplishes the performance of its obligations hereunder. Unless expressly authorized by this Agreement or any other Basic DocumentAgreement, the Servicer shall have no authority to act for or represent the Issuer or the Owner Trustee Purchaser in any way and shall not otherwise be deemed an agent of the Issuer or the Owner TrusteePurchaser.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc), Sale and Servicing (Consumer Portfolio Services Inc)
Independence of the Servicer. For all purposes of this Agreement, the Servicer shall be an independent contractor and shall not be subject to the supervision of the Issuer, the Trust Collateral Agent, the Trustee Issuing Entity or the Owner Trustee with respect to the manner in which it accomplishes the performance of its obligations hereunder. Unless expressly authorized by this Agreement or any other Basic Documentthe Issuing Entity, the Servicer shall have no authority to act for or represent the Issuer Issuing Entity or the Owner Trustee in any way and shall not otherwise be deemed an agent of the Issuer Issuing Entity or the Owner Trustee.
Appears in 2 contracts
Samples: Sale and Servicing (Ace Securities Corp), Sale and Servicing (Ace Securities Corp)
Independence of the Servicer. For all purposes of this ---------------------------- Agreement, the Servicer shall be an independent contractor and shall not be subject to the supervision of the Issuer, the Trust Collateral Agent, the Trustee Issuer or the Owner Trustee with respect to the manner in which it accomplishes the performance of its obligations hereunder. Unless expressly authorized by this Agreement the Issuer or any other Basic Documentthe Owner Trustee, the Servicer shall have no authority to act for or represent the Issuer or the Owner Trustee in any way and shall not otherwise be deemed an agent of the Issuer or the Owner Trustee.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Prudential Securities Secured Financing Corp), Sale and Servicing Agreement (Prudential Securities Secured Financing Corp)
Independence of the Servicer. For all purposes of this Agreement, the Servicer shall be an independent contractor and shall not be subject to the supervision of the Issuer, the Trust Collateral Agent, the Trustee or the Owner Trustee with respect to the manner in which it accomplishes the performance of its obligations hereunder. Unless expressly authorized by this Agreement or any other Basic DocumentAgreement, the Servicer shall have no authority to act for or represent the Issuer or the Owner Trustee in any way and shall not otherwise be deemed an agent of the Issuer Trust Fund or the Owner Trustee.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Greenpoint Credit LLC), Pooling and Servicing Agreement (Greenpoint Credit LLC)
Independence of the Servicer. For all purposes of this Agreement, the Servicer shall be an independent contractor and shall not be subject to the supervision of the IssuerBorrower, the Trust Collateral Agent, the Trustee Administrative Agent or the Owner Trustee Backup Servicer with respect to the manner in which it accomplishes the performance of its obligations hereunder. Unless expressly authorized by this Agreement or any other Basic DocumentAgreement, the Servicer shall have no authority to act for or represent the Issuer or the Owner Trustee Borrower in any way and shall not otherwise be deemed an agent of the Issuer or the Owner TrusteeBorrower.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Americredit Corp), Sale and Servicing Agreement (Americredit Corp)
Independence of the Servicer. For all purposes of this Agreement, the Servicer shall be an independent contractor and shall not be subject to the supervision of the Issuer, the Trust Collateral AgentIndenture Trustee, the Trustee Master Servicer or the Owner Trustee with respect to the manner in which it accomplishes the performance of its obligations hereunder. Unless expressly authorized by this Agreement or any other Basic DocumentAgreement, the Servicer shall have no authority to act for or represent the Issuer or the Owner Trustee in any way and shall not otherwise be deemed an agent of the Issuer or the Owner Trustee.
Appears in 2 contracts
Samples: Sale and Servicing (Americredit Corp), Sale and Servicing Agreement (Americredit Corp)
Independence of the Servicer. For all purposes of this Agreement, the Servicer shall be an independent contractor and shall not be subject to the supervision of the Issuer[, the Trust Collateral AgentBackup Servicer], the Indenture Trustee or the Owner Trustee with respect to the manner in which it accomplishes the performance of its obligations hereunder. Unless expressly authorized by this Agreement or any other Basic DocumentAgreement, the Servicer shall have no authority to act for or represent the Issuer or the Owner Trustee in any way and shall not otherwise be deemed an agent of the Issuer or the Owner Trustee.
Appears in 2 contracts
Samples: Sale and Servicing (Efcar, LLC), Sale and Servicing (Efcar, LLC)
Independence of the Servicer. For all purposes of this Agreement, the Servicer shall be an independent contractor and shall not be subject to the supervision of the IssuerBorrower, the Trust Collateral Agent, the Trustee or Deal Agent, the Backup Servicer, the Owner Trustee or any other party with respect to the manner in which it accomplishes the performance of its obligations hereunder. Unless expressly authorized by this Agreement or any other Basic DocumentAgreement, the Servicer shall have no authority to act for or represent the Issuer Borrower or the Owner Trustee in any way and shall not otherwise be deemed an agent of the Issuer or the Owner Trustee.
Appears in 2 contracts
Samples: Receivables Funding Agreement (Americredit Corp), Receivables Funding Agreement (Americredit Corp)
Independence of the Servicer. For all purposes of this Agreement, the Servicer shall be an independent contractor and shall not be subject to the supervision of the Issuer, the Trust Collateral Agent, the Trustee or the Owner Trustee Custodian and Backup Servicer with respect to the manner in which it accomplishes the performance of its obligations hereunder. Unless expressly authorized by this Agreement or any other Basic DocumentAgreement, the Servicer shall have no authority to act for or represent the Issuer or the Owner Trustee Custodian in any way and shall not otherwise be deemed an agent of the Issuer or the Owner TrusteeCustodian.
Appears in 1 contract
Independence of the Servicer. For all purposes of this ------------------------------- Agreement, the Servicer shall be an independent contractor and shall not be subject to the supervision of the Issuer, the Trust Collateral Agent, the Trustee Issuer or the Owner Indenture Trustee with respect to the manner in which it accomplishes the performance of its obligations hereunder. Unless expressly authorized by this Agreement or any other Basic Documentthe Issuer, the Servicer shall have no authority to act for or represent the Issuer or the Owner Indenture Trustee in any way and shall not otherwise be deemed an agent of the Issuer or the Owner Indenture Trustee.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Thornburg Mortgage Asset Corp)
Independence of the Servicer. For all purposes of this Agreement, the Servicer shall be an independent contractor and shall not be subject to the supervision of the Issuer, the Trust Collateral Agent, the Trustee Backup Servicer or the Owner Trustee with respect to the manner in which it accomplishes the performance of its obligations hereunder. Unless expressly authorized by this Agreement or any other Basic DocumentAgreement, the Servicer shall have no authority to act for or represent the Issuer or the Owner Trustee in any way and shall not otherwise be deemed an agent of the Issuer or the Owner Trustee.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc)
Independence of the Servicer. For all purposes of this Agreement, the Servicer shall be an independent contractor and shall not be subject to the supervision of the IssuerPurchaser, the Trust Collateral Agent, Administrative Agent and the Trustee or the Owner Trustee Backup Servicer with respect to the manner in which it accomplishes the performance of its obligations hereunder. Unless expressly authorized by this Agreement or any other Basic DocumentAgreement, the Servicer shall have no authority to act for or represent the Issuer or the Owner Trustee Purchaser in any way and shall not otherwise be deemed an agent of the Issuer or the Owner TrusteePurchaser.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc)
Independence of the Servicer. For all purposes of this Agreement, the Servicer shall will be an independent contractor and shall will not be subject to the supervision of the Issuer, the Trust Collateral Agent, the Indenture Trustee or the Owner Trustee with respect to the manner in which it accomplishes the performance of its obligations hereunder. Unless expressly authorized by this Agreement or any other Basic DocumentAgreement, the Servicer shall will have no authority to act for or represent the Issuer or the Owner Trustee in any way and shall will not otherwise be deemed an agent of the Issuer or the Owner Trustee.
Appears in 1 contract
Independence of the Servicer. For all purposes of ---------------------------- this Agreement, the Servicer shall be an independent contractor and shall not be subject to the supervision of the Issuer, the Trust Collateral Agent, the Trustee Issuer or the Owner Trustee with respect to the manner in which it accomplishes the performance of its obligations hereunder. Unless expressly authorized by this Agreement or any other Basic Documentthe Issuer, the Servicer shall have no authority to act for or represent the Issuer or the Owner Trustee in any way and shall not otherwise be deemed an agent of the Issuer or the Owner Trustee.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)
Independence of the Servicer. For all purposes of this Agreement, the Servicer shall be an independent contractor and shall not be subject to the supervision of the Issuer, the Trust Collateral Agent, the Indenture Trustee or the Owner Trustee and Back-Up Servicer with respect to the manner in which it accomplishes the performance of its obligations hereunder. Unless expressly authorized by this Agreement or any other Basic DocumentAgreement, the Servicer shall have no authority to act for or represent the Issuer or the Owner Trustee in any way and shall not otherwise be deemed an agent of the Issuer or the Owner TrusteeIssuer.
Appears in 1 contract
Samples: Sales and Servicing Agreement (Prudential Securities Secured Financing Corp)
Independence of the Servicer. For all purposes of this Agreement, the Servicer shall be an independent contractor and shall not be subject to the supervision of the Issuer, the Trust Collateral Agent, the Trustee or the Owner Trustee with respect to the manner in which it accomplishes the performance of its obligations hereunder; provided, however, Servicer shall be subject to the Owner’s third-party vendor management program. Unless expressly authorized by the Owner in this Agreement or any other Basic Documentotherwise, the Servicer shall have no authority to act for or represent the Issuer or the Owner Trustee in any way and shall not otherwise be deemed an agent of the Issuer or the Owner TrusteeOwner.
Appears in 1 contract
Independence of the Servicer. For all purposes of this Agreement, the Servicer shall be an independent contractor and shall not be subject to the supervision of the Issuer, the Trust Collateral AgentIndenture Trustee, the Trustee Back-up Servicer or the Owner Trustee with respect to the manner in which it accomplishes the performance of its obligations hereunder. Unless expressly authorized by this Agreement or any other Basic DocumentAgreement, the Servicer shall have no authority to act for or represent the Issuer or the Owner Trustee in any way and shall not otherwise be deemed an agent of the Issuer or the Owner Trustee.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Triad Financial Corp)
Independence of the Servicer. For all purposes of this ---------------------------- Agreement, the Servicer shall be an independent contractor and shall not be subject to the supervision of the IssuerBorrower, the Trust Collateral Agent, the Trustee Administrative Agent or the Owner Trustee Backup Servicer with respect to the manner in which it accomplishes the performance of its obligations hereunder. Unless expressly authorized by this Agreement or any other Basic DocumentAgreement, the Servicer shall have no authority to act for or represent the Issuer or the Owner Trustee Borrower in any way and shall not otherwise be deemed an agent of the Issuer or the Owner TrusteeBorrower.
Appears in 1 contract
Independence of the Servicer. For all purposes of this Agreement, the Servicer shall be an independent contractor and shall not be subject to the supervision of the Issuer, the Trust Collateral Agent, the Trustee Backup Servicer, Designated Backup Subservicer or the Owner Trustee with respect to the manner in which it accomplishes the performance of its obligations hereunder. Unless expressly authorized by this Agreement or any other Basic DocumentAgreement, the Servicer shall have no authority to act for or represent the Issuer or the Owner Trustee in any way and shall not otherwise be deemed an agent of the Issuer or the Owner Trustee.
Appears in 1 contract
Independence of the Servicer. For all purposes of this Agreement, the Servicer shall be an independent contractor and shall not be subject to the supervision of the IssuerBorrower, the Trust Collateral Agent, the Trustee Funding Agent or the Owner Trustee Backup Servicer with respect to the manner in which it accomplishes the performance of its obligations hereunder. Unless expressly authorized by this Agreement or any other Basic DocumentAgreement, the Servicer shall have no authority to act for or represent the Issuer or the Owner Trustee Borrower in any way and shall not otherwise be deemed an agent of the Issuer or the Owner TrusteeBorrower.
Appears in 1 contract
Independence of the Servicer. For all purposes of this Agreement, the Servicer shall be an independent contractor and shall not be subject to the supervision of the Issuer, the Trust Collateral Agent, the Trustee Agent and Backup Servicer or the Owner Trustee with respect to the manner in which it accomplishes the performance of its obligations hereunder. Unless expressly authorized by this Agreement or any other Basic DocumentAgreement, the Servicer shall have no authority to act for or represent the Issuer or the Owner Trustee in any way and shall not otherwise be deemed an agent of the Issuer or the Owner Trustee.. 77
Appears in 1 contract
Samples: Sale and Servicing Agreement (Americredit Financial Services Inc)
Independence of the Servicer. For all purposes of this ---------------------------- Agreement, the Servicer shall be an independent contractor and shall not be subject to the supervision of the Issuer, the Trust Collateral Agent, the Trustee or the Owner Trustee with respect to the manner in which it accomplishes the performance of its obligations hereunder, and the Trust shall not interfere with the performance by the Servicer of the Services. Unless expressly authorized by Neither the Trust nor an Owner of Intellectual Property may require the Servicer to act contrary to its obligations under this Agreement or any other Basic Document, the Servicer shall have no authority to act for or represent the Issuer or the Owner Trustee in any way and shall not otherwise be deemed an agent of the Issuer or the Owner TrusteeTrust Agreement.
Appears in 1 contract
Samples: Administration and Servicing Agreement (Harrys Farmers Market Inc)
Independence of the Servicer. For all purposes of this Agreement, ---------------------------- the Servicer shall be an independent contractor and shall not be subject to the supervision of the Issuer, the Trust Collateral Agent, the Trustee Agent and Backup Servicer or the Owner Trustee with respect to the manner in which it accomplishes the performance of its obligations hereunder. Unless expressly authorized by this Agreement or any other Basic DocumentAgreement, the Servicer shall have no authority to act for or represent the Issuer or the Owner Trustee in any way and shall not otherwise be deemed an agent of the Issuer or the Owner Trustee.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Americredit Financial Services Inc)
Independence of the Servicer. For all purposes of this Agreement, the Servicer shall be an independent contractor and shall not be subject to the supervision of the Issuer, the Trust Collateral Agent, the Trustee and Backup Servicer or the 104 Owner Trustee with respect to the manner in which it accomplishes the performance of its obligations hereunder. Unless expressly authorized by this Agreement or any other Basic DocumentAgreement, the Servicer shall have no authority to act for or represent the Issuer or the Owner Trustee in any way and shall not otherwise be deemed an agent of the Issuer or the Owner Trustee.
Appears in 1 contract
Samples: Sale and Servicing (Consumer Portfolio Services Inc)
Independence of the Servicer. For all purposes of this Agreement, the Servicer shall be an independent contractor and shall not be subject to the supervision of the Issuer, the Trust Collateral AgentHolding Trust, the Trustee Indenture Trustee[, the Backup Servicer] or the Owner Trustee with respect to the manner in which it accomplishes the performance of its obligations hereunder. Unless expressly authorized by this Agreement or any other Basic DocumentAgreement, the Servicer shall have no authority to act for or represent the Issuer Issuer, the Holding Trust or the Owner Trustee in any way and shall not otherwise be deemed an agent of the Issuer Issuer, the Holding Trust or the Owner Trustee.
Appears in 1 contract
