Duties with Respect to the Issuer. (i) In addition to the duties of the Servicer set forth in this Agreement or any of the Related Documents, the Servicer shall perform such calculations and shall prepare for execution by the Owner Trustee or shall cause the preparation by other appropriate Persons of all such documents, reports, filings, instruments, certificates and opinions as it shall be the duty of the Issuer or the Owner Trustee to prepare, file or deliver pursuant to this Agreement or any of the Related Documents or under state and federal tax and securities laws and shall take all appropriate action that it is the duty of the Issuer to take pursuant to this Agreement or any of the Related Documents. In accordance with the directions of the Issuer or the Owner Trustee, the Servicer shall administer, perform or supervise the performance of such other activities in connection with the Related Documents as are not covered by any of the foregoing provisions and as are expressly requested by the Issuer or the Owner Trustee and are reasonably within the capability of the Servicer. (ii) Notwithstanding anything in this Agreement or any of the Related Documents to the contrary, the Servicer shall be responsible for promptly notifying the Owner Trustee if any withholding tax is imposed on the Issuer's payments (or allocations of income) to any Certificateholder. Any such notice shall be in writing and specify the amount of any withholding tax required to be withheld by the Owner Trustee pursuant to such provision.
Appears in 2 contracts
Sources: Sale and Servicing Agreement (Asset Backed Securities Corp), Sale and Servicing Agreement (Asset Backed Securities Corp)
Duties with Respect to the Issuer. (i) In addition to the duties of the Servicer set forth in this Agreement or any of the Related Documents, the Servicer shall perform such calculations and shall prepare for execution by the Owner Trustee or shall cause the preparation by other appropriate Persons of all such documents, reports, filings, instruments, certificates and opinions as it shall be the duty of the Issuer or the Owner Trustee to prepare, file or deliver pursuant to this Agreement or any of the Related Documents or under state and federal tax and securities laws and shall take all appropriate action that it is the duty of the Issuer to take pursuant to this Agreement or any of the Related Documents. In accordance with the directions of the Issuer or the Owner Trustee, the Servicer shall administer, perform or supervise the performance of such other activities in connection with the Related Documents as are not covered by any of the foregoing provisions and as are expressly requested by the Issuer or the Owner Trustee and are reasonably within the capability of the Servicer.
(ii) Notwithstanding anything in this Agreement or any of the Related Documents to the contrary, the Servicer shall be responsible for promptly notifying the Owner Trustee if any withholding tax is imposed on the Issuer's payments (or allocations of income) to any CertificateholderCertificateholder(s). Any such notice shall be in writing and specify the amount of any withholding tax required to be withheld by the Owner Trustee pursuant to such provision.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Paragon Auto Receivables Corp)
Duties with Respect to the Issuer. (i) In addition to the duties of the Servicer set forth in this Agreement or any of the Related Documents, the Servicer shall perform such calculations and shall prepare for execution by the Owner Trustee or shall cause the preparation by other appropriate Persons of all such documents, reports, filings, instruments, certificates and opinions as it shall be the duty of the Issuer or the Owner Trustee to prepare, file or deliver pursuant to this Agreement or any of the Related Documents or under state and federal tax and securities laws and shall take all appropriate action that it is the duty of the Issuer to take pursuant to this Agreement or any of the Related Documents. In accordance with the directions of the Issuer or the Owner Trustee, the Servicer shall administer, perform or supervise the performance of such other activities in connection with the Related Documents as are not covered by any of the foregoing provisions and as are expressly requested by the Issuer or the Owner Trustee and are reasonably within the capability of the Servicer.
(ii) Notwithstanding anything in this Agreement or any of the Related Basic Documents to the contrary, the Servicer shall be responsible for promptly notifying the Owner Trustee if any withholding tax is imposed on the Issuer's payments (or allocations of income) to any Certificateholder. Any such notice shall be in writing and specify the amount of any withholding tax required to be withheld by the Owner Trustee pursuant to such provision.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Paragon Auto Receivables Corp)
Duties with Respect to the Issuer. (i) In addition to the duties of the Servicer set forth in this Agreement or any of the Related Documentsforegoing, the Servicer Administrator shall perform such calculations and shall prepare for execution by the Owner Issuer or the Eligible Lender Trustee or shall cause the preparation by other appropriate Persons of all such documents, reports, filings, instruments, certificates and opinions as it shall be the duty of the Issuer or the Owner Eligible Lender Trustee to prepare, file or deliver pursuant to this the Trust Agreement or any of the Related Documents or under state other Basic Documents, and federal tax and securities laws and at the request of the Eligible Lender Trustee shall take all appropriate action that it is the duty of the Issuer to take pursuant to this the Trust Agreement or any of the Related other Basic Documents. In Subject to Section 9.9 of these Standard Terms, and in accordance with the directions of the Issuer or the Owner Eligible Lender Trustee, the Servicer Administrator shall administer, perform or supervise the performance of such other activities in connection with the Related Documents Trust Estate (including the Basic Documents) as are not covered by any of the foregoing provisions and as are expressly requested by the Issuer or the Owner Eligible Lender Trustee and are reasonably within the capability of the ServicerAdministrator.
(ii) Notwithstanding anything in this Agreement In carrying out the foregoing duties or any of the Related Documents to the contraryits other obligations under this Agreement, the Servicer shall be responsible for promptly notifying Administrator may enter into transactions with or otherwise deal with any of its Affiliates; provided, however, that the Owner Trustee if terms of any withholding tax is imposed on the Issuer's payments (such transactions or allocations of income) to any Certificateholder. Any such notice dealings shall be in writing accordance with any directions received from the Issuer and specify shall be, in the amount of any withholding tax required Administrator's opinion, no less favorable to the Issuer than would be withheld by the Owner Trustee pursuant to such provisionavailable from unaffiliated parties.
Appears in 1 contract
Sources: Transfer and Servicing Agreement (Crestar Securitization LLC)
Duties with Respect to the Issuer. (i) In addition to the duties of the Servicer set forth in this Agreement or any of the Related Basic Documents, the Servicer shall perform such calculations and shall prepare for execution by the Issuer or the Owner Trustee or shall cause the preparation by other appropriate Persons of all such documents, reports, filings, instruments, certificates and opinions as it shall be the duty of the Issuer or the Owner Trustee to prepare, file or deliver pursuant to this Agreement or any of the Related Basic Documents or under state and federal tax and securities laws (including any filings required pursuant to the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 or any rule or regulation promulgated thereunder), and at the request of the Owner Trustee shall take all appropriate action that it is the duty of the Issuer to take pursuant to this Agreement or any of the Related Basic Documents, including, without limitation, pursuant to Sections 2.6 and 2.11 of the Trust Agreement. In accordance with the directions of the Issuer or the Owner Trustee, the Servicer shall administer, perform or supervise the performance of such other activities in connection with the Related Documents Collateral (including the Basic Documents) as are not covered by any of the foregoing provisions and as are expressly requested by the Issuer or the Owner Trustee and are reasonably within the capability of the Servicer.
(ii) Notwithstanding anything in this Agreement or any of the Related Documents to the contrary, the Servicer shall be responsible for promptly notifying the Owner Trustee if any withholding tax is imposed on the Issuer's payments (or allocations of income) to any Certificateholder. Any such notice shall be in writing and specify the amount of any withholding tax required to be withheld by the Owner Trustee pursuant to such provision.
Appears in 1 contract
Sources: Sale and Servicing Agreement (AmeriCredit Automobile Receivables Trust 2004-C-A)