Common use of Third Party Servicer Clause in Contracts

Third Party Servicer. The Assuming Institution may perform any of its obligations and/or exercise any of its rights under this Single Family Shared-Loss Agreement through or by one or more Third Party Servicers, who may take actions and make expenditures as if any such Third Party Servicer was the Assuming Institution hereunder (and, for the avoidance of doubt, such expenses incurred by any such Third Party Servicer on behalf of the Assuming Institution shall be included in calculating Losses to the extent such expenses would be included in such calculation if the expenses were incurred by Assuming Institution); provided, however, that the use thereof by the Assuming Institution shall not release the Assuming Institution of any obligation or liability hereunder.

Appears in 280 contracts

Samples: Purchase and Assumption Agreement, Purchase and Assumption Agreement, Purchase and Assumption Agreement

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Third Party Servicer. The Assuming Institution may perform any of its obligations and/or exercise any of its rights under this Single Family Commercial Shared-Loss Agreement through or by one or more Third Party Servicers, who may take actions and make expenditures as if any such Third Party Servicer was the Assuming Institution hereunder (and, for the avoidance of doubt, such expenses incurred by any such Third Party Servicer on behalf of the Assuming Institution shall be included in calculating Losses Reimbursable Expenses or Recovery Expenses, as the case may be, to the same extent such expenses would be included in such calculation so qualify if the expenses were incurred by the Assuming Institution); provided, however, that the use thereof by the Assuming Institution shall not release the Assuming Institution of any obligation or liability hereunder.

Appears in 74 contracts

Samples: Purchase and Assumption Agreement, Purchase and Assumption Agreement, Purchase and Assumption Agreement (Great Western Bancorp, Inc.)

Third Party Servicer. The Assuming Institution may perform any of its obligations and/or exercise any of its rights under this Single Family Commercial Shared-Loss Agreement through or by one or more Third Party Servicers, who may take actions and make expenditures as if any such Third Party Servicer was the Assuming Institution hereunder (and, for the avoidance of doubt, such expenses incurred by any such Third Party Servicer on behalf of the Assuming Institution shall be included in calculating Losses Reimbursable Expenses or Recovery Expenses, as the case may be, to the same extent such expenses would be included in such calculation so qualify if the expenses were incurred by the Assuming Institution); provided, however, that the use thereof by the Assuming Institution shall not release the Assuming Institution of any obligation or liability hereunder.. 128

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Mb Financial Inc /Md)

Third Party Servicer. The Assuming Institution may perform any of its obligations and/or exercise any of its rights under this Single Family Commercial Shared-Loss Agreement through or by one or more Third Party Servicers, who may take actions and make expenditures as if any such Third Party Servicer was the Assuming Institution hereunder (and, for the avoidance of doubt, such expenses incurred by any such Third Party Servicer on behalf of the Assuming Institution shall be included in calculating Losses Reimbursable Expenses or Recovery Expenses, as the case may be, to the same extent such expenses would be included in such calculation so qualify if the expenses were incurred by the Assuming Institution); provided, however, that the use thereof by the Assuming Institution shall not release the Assuming Institution of any obligation or liability hereunder.the

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Talmer Bancorp, Inc.)

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Third Party Servicer. The Assuming Institution may perform any of its obligations and/or exercise any of its rights under this Single Family Commercial Shared-Loss Agreement through or by one or more Third Party Servicers, who may take actions and make expenditures as if any such Third Party Servicer was the Assuming Institution hereunder (and, for the avoidance of doubt, such expenses incurred by any such Third Party Servicer on behalf of the Assuming Institution shall be included in calculating Losses Reimbursable Expenses or Recovery Expenses, as the case may be, to the same extent such expenses would be included in such calculation so qualify if the expenses were incurred by the Assuming 123 Institution); provided, however, that the use thereof by the Assuming Institution shall not release the Assuming Institution of any obligation or liability hereunder.

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Firstmerit Corp /Oh/)

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