Administration and Servicing of Collateral Obligations Clause Samples
The 'Administration and Servicing of Collateral Obligations' clause defines the responsibilities and procedures for managing and overseeing the assets pledged as collateral in a financial transaction. Typically, this clause outlines who is authorized to administer the collateral, how payments, collections, and record-keeping are handled, and the standards or guidelines that must be followed in servicing these obligations. For example, it may specify that a designated servicer must collect payments from borrowers and ensure that the collateral remains in good standing. The core function of this clause is to ensure that the collateral is properly managed and maintained, thereby protecting the interests of the secured parties and reducing the risk of loss.
Administration and Servicing of Collateral Obligations. Section 7.1 Retention and Termination of the Servicer. 84 Section 7.2 Resignation and Removal of the Servicer; Appointment of Successor Servicer. 84 Section 7.3 Duties of the Servicer. 85 Section 7.4 Representations and Warranties of the Servicer. 87 Section 7.5 Covenants of the Servicer. 89 Section 7.6 Servicing Fees; Payment of Certain Expenses by Servicer. 93 Section 7.7 Collateral Reporting. 93 Section 7.8 Notices. 94 Section 7.9 Procedural Review of Collateral Obligations; Access to Servicer and Servicer’s Records. 94 Section 7.10 Optional Sales. 95 Section 7.11 Repurchase or Substitution of Warranty Collateral Obligations. 97 Section 7.12 Servicing of REO Assets. 97 ARTICLE VIII ACCOUNTS; PAYMENTS Section 8.1 Accounts. 99 Section 8.2 Excluded Amounts. 101 Section 8.3 Distributions, Reinvestment and Dividends. 101 Section 8.4 Fees. 106 Section 8.5 Monthly Report. 106 ARTICLE IX REPRESENTATIONS AND WARRANTIES OF THE BORROWER Section 9.1 Organization and Good Standing. 107 Section 9.2 Due Qualification. 107 Section 9.3 Power and Authority. 107 Section 9.4 Binding Obligations. 108 Section 9.5 Security Interest. 108 Section 9.6 No Violation. 109 Section 9.7 No Proceedings. 109 Section 9.8 No Consents. 109 Section 9.9 Solvency. 110 Section 9.10 Compliance with Laws. 110 Section 9.11 Taxes. 110 Section 9.12 Monthly Report. 110 Section 9.13 No Liens, Etc. 110 Section 9.14 Information True and Correct. 111 Section 9.15 Bulk Sales. 111 Section 9.16 Collateral. 111 Section 9.17 Selection Procedures. 111 Section 9.18 Indebtedness. 111 Section 9.19 No Injunctions. 111 Section 9.20 No Subsidiaries. 111 Section 9.21 ERISA Matters. 111 Section 9.22 Investment Company Status. 112 Section 9.23 Set-Off, Etc. 112 Section 9.24 Collections. 112 Section 9.25 Value Given. 112 Section 9.26 Use of Proceeds. 112 Section 9.27 Separate Existence. 112 Section 9.28 Transaction Documents. 112 Section 9.29 EEA/UK Financial Institution. 113 Section 9.30 Anti-Terrorism, Anti-Money Laundering. 113 Section 9.31 Anti-Bribery and Corruption. 114 Section 9.32 ▇▇▇▇▇▇▇ Rule. 114 Section 9.33 AIFMD. 114 ARTICLE X COVENANTS Section 10.1 Protection of Security Interest of the Secured Parties. 115 Section 10.2 Other Liens or Interests. 116 Section 10.3 Costs and Expenses. 116 Section 10.4 Reporting Requirements. 116 Section 10.5 Separate Existence. 117 Section 10.6 Hedging Agreements. 120 Section 10.7 Tangible Net Worth. 122 Section 10.8 Taxes. 122 Section 10.9 Merger, Consolidation, Etc.. 122 S...
Administration and Servicing of Collateral Obligations. 54 Section 7.1 Retention and Termination of the Servicer 54
Section 7.2 Resignation and Removal of the Servicer; Appointment of Successor Servicer 54 Section 7.3 Duties of the Servicer 55 Section 7.4 Representations and Warranties of the Servicer 56 Section 7.5 Covenants of the Servicer 59 Section 7.6 Servicing Fees; Payment of Certain Expenses by Servicer 61 Section 7.7 Collateral Reporting 61 Section 7.8 Notices 61 -ii-
Administration and Servicing of Collateral Obligations. Section 7.1 Retention and Termination of the Servicer 71 Section 7.2 Resignation and Removal of the Servicer; Appointment of Successor Servicer 71 Section 7.3 Duties of the Servicer 72 Section 7.4 Representations and Warranties of the Servicer 73 Section 7.5 Covenants of the Servicer and Equityholder 76 Section 7.6 Servicing Fees; Payment of Certain Expenses by Servicer 80 Section 7.7 Collateral Reporting 80 Section 7.8 Notices 80 Section 7.9 Procedural Review of Collateral Obligations; Access to Servicer and Servicer’s Records 80 Section 7.10 Optional Sales 81 Section 7.11 Repurchase or Substitution of Warranty Collateral Obligations 83 Section 7.12 Servicing of REO Assets 83 ARTICLE VIII ACCOUNTS; PAYMENTS
Administration and Servicing of Collateral Obligations