Appointment of Subservicer. The Servicer may at any time appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that the Rating Agency Condition shall have been satisfied in connection therewith; and provided, further, that the Servicer shall remain obligated and be liable to the Issuer, the Owner Trustee, the Indenture Trustee, the Certificateholders and the Noteholders for the servicing and administering of the Receivables in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Receivables. The fees and expenses of the subservicer shall be as agreed between the Servicer and its subservicer from time to time, and none of the Issuer, the Owner Trustee, the Indenture Trustee, the Certificateholders or the Noteholders shall have any responsibility therefor.
Appears in 57 contracts
Sources: Sale and Servicing Agreement (Goldman Sachs Asset Backed Securities Corp), Sale and Servicing Agreement (DaimlerChrysler Auto Trust 2007-A), Sale and Servicing Agreement (Daimlerchrysler Auto Trust 2008-B)
Appointment of Subservicer. The Servicer may at any time appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that the Rating Agency Condition shall have been satisfied in connection therewith; and provided, further, that the Servicer shall remain obligated and be liable to the IssuerIssuing Entity, the Owner Trustee, the Indenture Trustee, the Certificateholders and the Noteholders for the servicing and administering of the Receivables in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Receivables. The fees and expenses of the subservicer shall be as agreed between the Servicer and its subservicer from time to time, and none of the IssuerIssuing Entity, the Owner Trustee, the Indenture Trustee, the Certificateholders or the Noteholders shall have any responsibility therefor. The Servicer shall give the Indenture Trustee written notice of any subservicer appointed hereunder.
Appears in 53 contracts
Sources: Sale and Servicing Agreement (World Omni Auto Receivables Trust 2025-D), Sale and Servicing Agreement (World Omni Auto Receivables Trust 2025-D), Sale and Servicing Agreement (World Omni Select Auto Trust 2025-A)
Appointment of Subservicer. The Servicer may at any time appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that the Rating Agency Condition shall have been satisfied in connection therewith; and provided, further, that the Servicer shall remain obligated and be liable to the IssuerIssuing Entity, the Owner Trustee, the Indenture Trustee, the Certificateholders and the Noteholders for the servicing and administering of the Receivables in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Receivables. The fees and expenses of the subservicer shall be as agreed between the Servicer and its subservicer from time to time, and none of the IssuerIssuing Entity, the Owner Trustee, the Indenture Trustee, the Certificateholders or the Noteholders shall have any responsibility therefor.. The Servicer shall give the Indenture Trustee written notice of any subservicer appointed hereunder,
Appears in 22 contracts
Sources: Sale and Servicing Agreement (World Omni Auto Receivables Trust 2019-C), Sale and Servicing Agreement (World Omni Auto Receivables Trust 2019-C), Sale and Servicing Agreement (World Omni Auto Receivables LLC)
Appointment of Subservicer. The Servicer may at any time appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that the Rating Agency Condition shall have been satisfied in connection therewith; and provided, provided further, that the Servicer shall remain obligated and be liable to the Issuer, the Owner Trustee, the Indenture Trustee, Trustee the Certificateholders and the Noteholders for the servicing and administering of the Receivables in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Receivables. The fees and expenses of the subservicer shall be as agreed between the Servicer and its subservicer from time to time, time and none of the Issuer, the Owner Trustee, the Indenture Trustee, the Certificateholders or the Noteholders shall have any responsibility therefor.
Appears in 6 contracts
Sources: Sale and Servicing Agreement (Case Receivables Ii Inc), Sale and Servicing Agreement (Case Receivables Ii Inc), Sale and Servicing Agreement (Case Receivables Ii Inc)
Appointment of Subservicer. The Servicer may at any time appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that the Rating Agency Condition shall have been satisfied in connection therewith; and provided, further, that the Servicer shall remain obligated and be liable to the Issuer, the Owner Trustee, the Indenture Trustee, the Certificateholders and the Noteholders for the servicing and administering of the Receivables in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Receivables. The fees and expenses of the subservicer shall be as agreed between the Servicer and its subservicer from time to time, and none of the Issuer, the Owner Trustee, the Indenture Trustee, the Certificateholders or the Noteholders shall have any responsibility therefor.. The Servicer shall give the Indenture Trustee written notice of any subservicer appointed hereunder,
Appears in 6 contracts
Sources: Sale and Servicing Agreement (World Omni Auto Receivables LLC), Sale and Servicing Agreement (World Omni Auto Receivables LLC), Sale and Servicing Agreement (World Omni Auto Receivables Trust 2005-A)
Appointment of Subservicer. The Servicer may at any time appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that the Rating Agency Condition shall have been satisfied in connection therewith; and provided, further, that the Servicer shall remain obligated and be liable to the Issuer, the Owner Trustee, the Indenture Trustee, the Security Insurer, the Certificateholders and the Noteholders for the servicing and administering of the Receivables in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Receivables. The fees and expenses of the subservicer shall be as agreed between the Servicer and its subservicer from time to time, time and none of the Issuer, the Owner Trustee, the Indenture Trustee, the Security Insurer, the Certificateholders or the Noteholders shall have any responsibility therefor.
Appears in 6 contracts
Sources: Sale and Servicing Agreement (Franklin Auto Trust 2003-2), Sale and Servicing Agreement (Franklin Auto Trust 2004-2), Sale and Servicing Agreement (Franklin Auto Trust 2004-1)
Appointment of Subservicer. The Servicer may at any time appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that the Rating Agency Condition shall have been satisfied in connection therewith; and provided, further, that the Servicer shall remain obligated and be liable to the Issuer, the Backup Servicer, the Owner Trustee, the Indenture Trustee, the Certificateholders and the Noteholders for the servicing and administering of the Receivables in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Receivables. The fees and expenses of the subservicer shall be as agreed between the Servicer and its subservicer from time to time, and none of the Issuer, the Backup Servicer, the Owner Trustee, the Indenture Trustee, the Certificateholders or the Noteholders shall have any responsibility therefor.
Appears in 4 contracts
Sources: Sale and Servicing Agreement (Chrysler Financial Auto Securitization Trust 2010-A), Sale and Servicing Agreement (Chrysler Financial Services Americas LLC), Sale and Servicing Agreement (Chrysler Financial Auto Securitization Trust 2009-A)
Appointment of Subservicer. The Servicer may at any time appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that the Rating Agency Condition shall have been satisfied in connection therewith; and provided, further, provided further that the Servicer shall remain obligated and be liable to the Issuer, the Owner Trustee, the Indenture Trustee, the Certificateholders and the Noteholders for the servicing and administering of the Receivables in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Receivables. The fees and expenses of the subservicer shall be as agreed between the Servicer and its subservicer from time to time, time and none of the Issuer, the Owner Trustee, the Indenture Trustee, the Certificateholders or the Noteholders shall have any responsibility therefor.
Appears in 4 contracts
Sources: Sale and Servicing Agreement (Ace Securities Corp), Sale and Servicing Agreement (Oxford Resources Corp), Sale and Servicing Agreement (Oxford Resources Corp)
Appointment of Subservicer. The Servicer may at any time appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that the Rating Agency Condition shall have been satisfied in connection therewith; and provided, further, that the Servicer shall remain obligated and be liable to the Issuer, the Owner Eligible Lender Trustee, the Indenture Trustee, the Certificateholders Trustee and the Noteholders for the servicing and administering of the Receivables Financed Student Loans in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the ReceivablesFinanced Student Loans. The fees and expenses of the subservicer shall be as agreed between the Servicer and its subservicer from time to time, time and none of the Issuer, the Owner Eligible Lender Trustee, the Indenture Trustee, the Certificateholders Trustee or the Noteholders shall have any responsibility therefor.
Appears in 3 contracts
Sources: Servicing Agreement (SMS Student Loan Trust 2000-A), Servicing Agreement (Usa Group Secondary Market Services Inc), Servicing Agreement (Usa Group Secondary Market Services Inc)
Appointment of Subservicer. The Servicer may at any time appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that the Rating Agency Condition shall have been satisfied in connection therewith; and provided, further, provided further that the Servicer shall remain obligated and be liable to the Issuer, the Owner Trustee, the Indenture Trustee, the Security Insurer, the Certificateholders and the Noteholders for the servicing and administering of the Receivables in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Receivables. The fees and expenses of the subservicer shall be as agreed between the Servicer and its subservicer from time to time, time and none of the Issuer, the Owner Trustee, the Indenture Trustee, the Security Insurer, the Certificateholders or the Noteholders shall have any responsibility therefor. Any such subservicer shall perform its duties with the same standard of care applicable to the Servicer pursuant to Section 4.1 of this Agreement.
Appears in 2 contracts
Sources: Sale and Servicing Agreement (Money Store Auto Trust 1996-2), Sale and Servicing Agreement (FCC Receivables Corp)
Appointment of Subservicer. The Servicer may at any time -------------------------- appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that the Rating Agency Condition shall have been satisfied in connection therewith; and provided, further, that the Servicer shall remain obligated and be liable to the Issuer, the Owner Trustee, the Indenture Trustee, the Certificateholders and the Noteholders for the servicing and administering of the Receivables in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Receivables. The fees and expenses of the subservicer shall be as agreed between the Servicer and its subservicer from time to time, and none of the Issuer, the Owner Trustee, the Indenture Trustee, the Certificateholders or the Noteholders shall have any responsibility therefor.
Appears in 2 contracts
Sources: Sale and Servicing Agreement (Morgan Stanley Abs Capital Ii Inc), Sale and Servicing Agreement (Asset Backed Securities Corp)
Appointment of Subservicer. The Servicer may at any time appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that the Rating Agency Condition shall have been satisfied in connection therewith; and provided, provided further, that the Servicer shall remain obligated and be liable to the Issuer, the Owner Trustee, the Indenture Trustee, the Certificateholders and the Noteholders for the servicing and administering of the Receivables in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Receivables. The fees and expenses of the subservicer shall be as agreed between the Servicer and its subservicer from time to time, time and none of the Issuer, the Owner Trustee, the Indenture Trustee, the Certificateholders or the Noteholders shall have any responsibility therefor.
Appears in 2 contracts
Sources: Sale and Servicing Agreement (Case Receivables Ii Inc), Sale and Servicing Agreement (Case Receivables Ii Inc)
Appointment of Subservicer. The Servicer may at any time appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; providedPROVIDED, howeverHOWEVER, that the Rating Agency Condition shall have been satisfied in connection therewith; and provided, further, PROVIDED FURTHER that the Servicer shall remain obligated and be liable to the Issuer, the Owner Trustee, the Indenture Trustee, the Certificateholders and the Noteholders for the servicing and administering of the Receivables in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Receivables. The fees and expenses of the subservicer shall be as agreed between the Servicer and its subservicer from time to time, time and none of the Issuer, the Owner Trustee, the Indenture Trustee, the Certificateholders or the Noteholders shall have any responsibility therefor.
Appears in 2 contracts
Sources: Sale and Servicing Agreement (Barnett Auto Receivables Corp), Sale and Servicing Agreement (Mellon Auto Receivables Corp)
Appointment of Subservicer. The Servicer may at any time appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that the Rating Agency Condition shall have been satisfied in connection therewith; and provided, further, provided further that the Servicer shall remain obligated and be liable to the Issuer, the Owner Eligible Lender Trustee, the Indenture Trustee, the Certificateholders Trustee and the Noteholders for the servicing and administering of the Receivables FFELP Student Loans in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the ReceivablesFFELP Student Loans. The fees and expenses of the subservicer shall be as agreed between the Servicer and its subservicer from time to time, time and none of the Issuer, the Owner Eligible Lender Trustee, the Indenture Trustee, the Certificateholders Trustee or the Noteholders shall have any responsibility therefor.
Appears in 1 contract
Appointment of Subservicer. The Servicer may at any -------------------------- time appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that the Rating Agency Condition shall -------- ------- have been satisfied in connection therewith; and provided, further, provided further that the Servicer -------- ------- shall remain obligated and be liable to the Issuer, the Owner Trustee, the Indenture Trustee, the Certificateholders and the Noteholders for the servicing and administering of the Receivables Home Equity Loans in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the ReceivablesHome Equity Loans. The fees and expenses of the subservicer shall be as agreed between the Servicer and its subservicer from time to time, time and none of the Issuer, the Owner Trustee, the Indenture Trustee, the Certificateholders or the Noteholders shall have any responsibility therefor.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)
Appointment of Subservicer. The Servicer may at any time appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; providedPROVIDED, howeverHOWEVER, that the Rating Agency Condition shall have been satisfied in connection therewith; and provided, further, PROVIDED FURTHER that the Servicer shall remain obligated and be liable to the Issuer, the Owner Eligible Lender Trustee, the Indenture Trustee, the Certificateholders Trustee and the Noteholders for the servicing and administering of the Receivables Financed Student Loans in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the ReceivablesFinanced Student Loans. The fees and expenses of the subservicer shall be as agreed between the Servicer and its subservicer from time to time, time and none of the Issuer, the Owner Eligible Lender Trustee, the Indenture Trustee, the Certificateholders Trustee or the Noteholders shall have any responsibility therefor.
Appears in 1 contract
Sources: Servicing Agreement (Usa Group Secondary Market Services Inc)
Appointment of Subservicer. The Servicer may at any time appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that the Rating Agency Condition shall have been satisfied in connection therewith; and provided, provided further, that the Servicer shall remain obligated and be liable to the Issuer, the Owner Trustee, the Indenture Trustee, Certificate Insurer and the Certificateholders and the Noteholders for the servicing and administering of the Receivables in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Receivables. The fees and expenses of the subservicer shall be as agreed between the Servicer and its subservicer from time to time, time and none of the Issuer, the Owner Trustee, the Indenture Trustee, Certificate Insurer or the Certificateholders or the Noteholders shall have any responsibility therefor. Any such subservicer shall perform its duties with the same standard of care applicable to the Servicer pursuant to Section 13.01 of this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (FCC Receivables Corp)
Appointment of Subservicer. The Servicer may at any time appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that the Rating Agency Condition shall have been satisfied in connection therewith; and provided, further, that the Servicer shall remain obligated and be liable to the Issuer, the Owner Trustee, the Indenture Trustee, the Indenture Administrator, the Certificateholders and the Noteholders for the servicing and administering of the Receivables in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Receivables. The fees and expenses of the subservicer shall be as agreed between the Servicer and its subservicer from time to time, time and none of the Issuer, the Owner Trustee, the Indenture Trustee, the Indenture Administrator, the Certificateholders or the Noteholders shall have any responsibility therefor.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Franklin Auto Trust 2005-1)
Appointment of Subservicer. The Servicer may at any time appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that the Rating Agency Condition shall have been satisfied in connection therewith; and provided, further, provided further that the Servicer shall remain obligated and be liable to the Issuer, the Owner Trustee, the Indenture Trustee, the Certificateholders and the Noteholders for the servicing and administering of the Receivables Mortgage Loans in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the ReceivablesMortgage Loans. The fees and expenses of the subservicer shall be as agreed between the Servicer and its subservicer from time to time, time and none of the Issuer, the Owner Trustee, the Indenture Trustee, the Certificateholders or the Noteholders shall have any responsibility therefor.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Chevy Chase Bank FSB)
Appointment of Subservicer. The Servicer may at any -------------------------- time appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, provided that the Rating Agency Condition shall have been satisfied in connection therewith; and and, provided, further, that the Servicer shall remain obligated and shall be liable to the Issuer, the Owner Trustee, the Indenture Trustee, Trustee and the Certificateholders and the Noteholders for the servicing and administering of the Receivables in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Receivables. The fees and expenses of the subservicer shall be as agreed between the Servicer and its subservicer from time to time, and none of the IssuerTrust, the Owner Trustee, the Indenture Trustee, Trustee or the Certificateholders or the Noteholders shall have any responsibility therefor.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Morgan Stanley Abs Capital Ii Inc)