Common use of SERVICING PROCEDURES Clause in Contracts

SERVICING PROCEDURES. (a) The Servicer shall, subject to the directions, if any, of the Company, manage the servicing and administration of the Receivables, the collection of payments due under the Receivables and the charging off of any Receivables as uncollectible, all in accordance with all Requirements of Law, the Policies and all the terms and provisions of the Pooling and Servicing Agreements. The Servicer shall have full power and authority, acting alone or through any party properly designated by it hereunder, to do any and all things in connection with such servicing and administration which it may deem necessary or desirable, but at all times subject to the terms of this Agreement and the other Transaction Documents. The Servicer shall exercise the same care and apply the same policies with respect to the collection of the Receivables that it would exercise and apply if it owned such Receivables, all with reasonable care and diligence and otherwise in accordance with the foregoing requirements. Without limiting the generality of the foregoing and subject to Section 6.1, the Servicer or its designee is hereby authorized and empowered (i) to give direction to the Trustee with respect to withdrawals from, and payments to, the Collection Account and/or the Collection Concentration Account in accordance with the Required Reports and as otherwise specified in the Pooling and Servicing Agreements, (ii) to execute and deliver, on behalf of the Trust for the benefit of the Investor Certificateholders, any and all instruments of satisfaction or cancellation, or of partial or full release or discharge, and all other comparable instruments, with respect to the Receivables and, after the delinquency of any Receivable and to the extent permitted under and in compliance with applicable Requirements of Law, to commence enforcement proceedings with respect to such Receivables and (iii) to make any filings, refilings, reports, notices, applications and registrations with, and to seek any consents or authorizations from, the SEC and any state securities authority on behalf of the Trust as may be necessary or advisable to comply with any federal or state securities or reporting requirements or laws.

Appears in 2 contracts

Samples: Servicing Agreement (United Stationers Supply Co), Servicing Agreement (United Stationers Supply Co)

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SERVICING PROCEDURES. (a) The Servicer shall, subject to the directions, if any, of the Company, shall manage the servicing and administration of the Receivables, the collection of payments due under the Receivables and the charging off of any Receivables as uncollectible, all in accordance with all Requirements of Law, the Policies and all the terms and provisions of the Pooling and Servicing Agreements. The Servicer shall have full power and authority, acting alone or through any party properly designated by it hereunder, to do any and all things in connection with such servicing and administration which it may deem necessary or desirable, but at all times subject to the terms of this Agreement and the other Transaction Documents. The Servicer shall exercise the same care and apply the same policies with respect to the collection of the Receivables that it would exercise and apply if it owned such Receivables, all with reasonable care and diligence and otherwise in accordance with the foregoing requirements. Without limiting the generality of the foregoing and subject to Section 6.1, the Servicer or its designee is hereby authorized and empowered (i) to give direction to the Trustee with respect to withdrawals from, and payments to, the Collection Account and/or (including the Collection Concentration Account subaccounts thereof) in accordance with the Required Reports Daily Report and as otherwise specified in the Pooling and Servicing Agreements, (ii) to execute and deliver, on behalf of the Trust for the benefit of the Investor Certificateholders, any and all instruments of satisfaction or cancellation, or of partial or full release or discharge, and all other comparable instruments, with respect to the Receivables and, after the delinquency of any Receivable and to the extent permitted under and in compliance with applicable Requirements of Law, to commence enforcement proceedings with respect to such Receivables and (iii) to make any filings, refilings, reports, notices, applications and registrations with, and to seek any consents or authorizations from, the SEC Securities and Exchange Commission and any state securities authority on behalf of the Trust as may be necessary or advisable to comply with any federal or state securities or reporting requirements or laws.

Appears in 1 contract

Samples: Servicing Agreement (Core Mark International Inc)

SERVICING PROCEDURES. (a) The Servicer shall, subject to the directions, if any, of the Company, shall manage the servicing and administration of the Receivables, the collection of payments due under the Receivables and the charging off of any Receivables as uncollectible, all in accordance with all Requirements of Law, the Policies and all the terms and provisions of the Pooling and Servicing Agreements. The Servicer shall have full power and authority, acting alone or through any party properly designated by it hereunder, to do any and all things in connection with such servicing and administration which it may deem necessary or desirable, but at all times subject to the terms of this Agreement and the other Transaction Documents. The Servicer shall exercise the same care and apply the same policies with respect to the collection of the Receivables that it would exercise and apply if it owned such Receivables, all with reasonable care and diligence and otherwise in accordance with the foregoing requirements. Without limiting the generality of the foregoing and subject to Section 6.1, the Servicer or its designee is hereby authorized and empowered (i) to give direction to the Trustee with respect to withdrawals from, and payments to, the Collection Account and/or the Collection Concentration Account in accordance with the Required Reports Daily Report and as otherwise specified in the Pooling and Servicing Agreements, (ii) to execute and deliver, on behalf of the Trust for the benefit of the Investor Certificateholders, any and all instruments of satisfaction or cancellation, or of partial or full release or discharge, and all other comparable instruments, with respect to the Receivables and, after the delinquency of any Receivable and to the extent permitted under and in compliance with applicable Requirements of Law, to commence enforcement proceedings with respect to such Receivables and (iii) to make any filings, refilings, reports, notices, applications and registrations with, and to seek any consents or authorizations from, the SEC Securities and Exchange Commission and any state securities authority on behalf of the Trust as may be necessary or advisable to comply with any federal or state securities or reporting requirements or laws.

Appears in 1 contract

Samples: Servicing Agreement (Rykoff Sexton Inc)

SERVICING PROCEDURES. (a) The Servicer shall, subject to the directions, if any, of the Company, manage the servicing and administration of the Receivables, the collection of payments due under the Receivables and the charging off of any Receivables as uncollectible, all in accordance with all Requirements of Law, the Policies and all the terms and provisions of the Pooling and Servicing Agreements. The Servicer shall have full power and authority, acting alone or through any party properly designated by it hereunder, to do any and all things in connection with such servicing and administration which it may deem necessary or desirable, but at all times subject to the terms of this Agreement and the other Transaction Documents. The Servicer shall exercise the same care and apply the same policies with respect to the collection of the Receivables that it would exercise and apply if it owned such Receivables, all with reasonable care and diligence and otherwise in accordance with the foregoing requirements. Without limiting the generality of the foregoing and subject to Section SECTION 6.1, the Servicer or its designee is hereby authorized and empowered (i) to give direction to the Trustee with respect to withdrawals from, and payments to, the Collection Account and/or the Collection Concentration Account in accordance with the Required Reports and as otherwise specified in the Pooling and Servicing Agreements, (ii) to execute and deliver, on behalf of the Trust for the benefit of the Investor Certificateholders, any and all instruments of satisfaction or cancellation, or of partial or full release or discharge, and all other comparable instruments, with respect to the Receivables andall in accordance with the Policies, (iii) after the delinquency of any Receivable and to the extent permitted under and in compliance with applicable Requirements of Law, to commence enforcement proceedings with respect to such Receivables and (iiiiv) to make any filings, refilings, reports, notices, applications and registrations with, and to seek any consents or authorizations from, the SEC and any state securities authority on behalf of the Trust as may be necessary or advisable to comply with any federal or state securities or reporting requirements or laws.

Appears in 1 contract

Samples: Servicing Agreement (United Stationers Supply Co)

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SERVICING PROCEDURES. (a) The Each Servicer shall, subject to the directions, if any, of the Company, shall manage the servicing and administration of the Serviced Receivables, the collection of payments due under the such Serviced Receivables and the charging off of any such Serviced Receivables as uncollectible, all in accordance with all Requirements of Law, the Policies and all the terms and provisions of the Pooling and Servicing Agreements; provided, however, if Ingrxx Xxxro Inc. is no longer the Master Servicer, the Master Servicer shall service the Receivables in accordance with the standards that would be employed by a prudent institution in servicing comparable receivables for its own account. The Each Servicer shall have full power and authority, acting alone or through any party properly designated by it hereunder, to do any and all things in connection with such servicing and administration which that it may deem necessary or desirable, but at all times subject to the terms of this Agreement and the other Transaction Documents. The Servicer shall exercise the same care and apply the same policies with respect to the collection of the Receivables that it would exercise and apply if it owned such Receivables, all with reasonable care and diligence and otherwise in accordance with the foregoing requirements. Without limiting the generality of the foregoing and subject to Section 6.16.01 hereof, the each Servicer or its designee with respect to its Serviced Receivables and the Master Servicer or its designee with respect to all Receivables is hereby authorized and empowered to (i) to give direction to the Trustee with respect to withdrawals from, and payments to, the Collection Account and/or the Collection Concentration Account in accordance with the Required Reports and as otherwise specified in the Pooling and Servicing Agreements, (ii) to execute and deliver, on behalf of the Trust Trustee for the benefit of the Investor CertificateholdersHolders, any and all instruments of satisfaction or cancellation, or of partial or full release or discharge, and all other comparable instruments, with respect to the Receivables and, after the delinquency of any Receivable and to the extent permitted under and in compliance with applicable Requirements of Law, to commence enforcement proceedings with respect to such Receivables and (iiiii) to make any filings, refilings, reports, notices, applications and applications, registrations with, and to seek any consents or authorizations from, the SEC Securities and Exchange Commission and any state securities authority on behalf of the Trust as may be necessary or advisable to comply with any federal Federal or state securities or reporting requirements or laws.

Appears in 1 contract

Samples: Servicing Agreement (Ingram Micro Inc)

SERVICING PROCEDURES. (a) The Servicer shallHIG is hereby appointed and authorized to act as agent for the Issuer and the Indenture Trustee and HIG hereby accepts such appointment. HIG agrees that in such capacity it will manage, service, administer and, subject to Section 9.2(c), make collections on the directions, if any, of the Company, manage the servicing Pledged Contract Receivables prudently and administration of the Receivables, the collection of payments due under the Receivables and the charging off of any Receivables as uncollectible, all in accordance with all Requirements customary and usual servicing procedures and applicable law and, to the extent not inconsistent with the foregoing, to exercise that degree of Law, the Policies skill and all the terms and provisions of the Pooling and Servicing Agreementscare it uses in servicing assets held for its own account. The Servicer hereby accepts such appointment and authorization and agrees to perform the duties of Servicer with respect to the Pledged Contract Receivables set forth herein. The Servicer's duties shall include posting of all payments, responding to inquiries of Obligors on the Pledged Contract Receivables, investigating and collecting delinquencies, reporting tax information to Obligors, managing the collateral, accounting for collections and furnishing quarterly and annual statements to the Indenture Trustee pursuant to this Indenture, generating federal income tax information and performing the other duties specified herein. Subject to the provisions of Section 9.2(c), the Servicer shall follow its historical policies and procedures and shall have full power and authority, acting alone or through any party properly designated by it hereunderalone, to do any and all things things, consistent with the terms of the Basic Note Documents, in connection with such servicing managing, servicing, administration and administration which collection that it may deem necessary or desirable. In fulfilling its obligations hereunder, but the Servicer shall at any time and from time to time (i) be authorized to review and obtain copies of all times subject information provided to the terms of this Agreement and the other Transaction Documents. The Servicer shall exercise the same care and apply the same policies Indenture Trustee with respect to the collection of the Receivables that it would exercise and apply if it owned such Pledged Contract Receivables, all with reasonable care and diligence and otherwise in accordance with the foregoing requirements. Without limiting the generality of the foregoing and subject to Section 6.1, the Servicer or its designee is hereby authorized and empowered (i) to give direction to the Trustee with respect to withdrawals from, and payments to, the Collection Account and/or the Collection Concentration Account in accordance with the Required Reports and as otherwise specified in the Pooling and Servicing Agreements, (ii) be entitled to execute receive copies of all statements, notices and deliverreports regarding the Collateral Account, on behalf of the Trust for the benefit of the Investor Certificateholders, (iii) be entitled to obtain any and all instruments of satisfaction or cancellationinformation regarding deposits, or of partial or full release or discharge, withdrawals and all other comparable instruments, with respect transfers to and from the Receivables and, after Collateral Account and the delinquency of any Receivable and to the extent permitted under and in compliance with applicable Requirements of Law, to commence enforcement proceedings with respect to such Receivables current balances therein and (iiiiv) be entitled to make any filings, refilings, reports, notices, applications obtain such other reasonable information and registrations with, and to seek any consents or authorizations from, the SEC and any state securities authority on behalf of the Trust as may be documentation it deems necessary or advisable desirable to comply with any federal or state securities or reporting requirements or lawsperform the servicing and administrative duties required of it under this Indenture.

Appears in 1 contract

Samples: Crystal Oil Co

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