Common use of Effect of Payments by the Certificate Insurer; Subrogation Clause in Contracts

Effect of Payments by the Certificate Insurer; Subrogation. Anything herein to the contrary notwithstanding, any payment with respect to principal of or interest on the Senior Certificates which is made with moneys received pursuant to the terms of the Certificate Insurance Policy shall not be considered payment of the Senior Certificates from the Trust and shall not result in the payment of or the provision for the payment of the principal of or interest on the Senior Certificates within the meaning of Section 5.01. The Seller, the Servicer and the Trustee acknowledge, and each Holder by its acceptance of a Certificate agrees, that without the need for any further action on the part of the Certificate Insurer, the Seller, the Servicer, the Trustee or the Certificate Registrar, to the extent the Certificate Insurer makes payments, directly or indirectly, on account of principal of or interest on the Senior Certificates to the Holders of such Senior Certificates, (i) the Certificate Insurer will be fully subrogated to the rights of such Holders to receive such principal and interest from the Trust and (ii) the Certificate Insurer shall be paid such principal and interest but only from the sources and in the manner provided herein for the payment of such principal and interest. The Seller and the Servicer shall cooperate in all respects with any reasonable request by the Certificate Insurer for action to preserve or enforce the Certificate Insurer's rights or interests under this Agreement without limiting the rights or affecting the interests of the Holders as otherwise set forth herein.

Appears in 6 contracts

Sources: Pooling and Servicing Agreement (Delta Funding Corp /De/), Pooling and Servicing Agreement (Delta Funding Corp /De/), Pooling and Servicing Agreement (Delta Fund Hm Equ Ln 2000-2 Hm Equ Ln Ass BKD CRT Ser 2000-2)

Effect of Payments by the Certificate Insurer; Subrogation. Anything herein to the contrary notwithstanding, any payment with respect to principal of or interest on any of the Senior Class A Certificates which is made with moneys received pursuant to the terms of the Certificate Insurance Policy Policies shall not be considered payment of the Senior such Certificates from the Trust and shall not result in the payment of or the provision for the payment of the principal of or interest on the Senior such Certificates within the meaning of Section 5.017.03. The SellerDepositor, the Servicer and the Trustee acknowledge, and each Holder Owner by its acceptance of a Certificate agrees, that without the need for any further action on the part of the Certificate Insurer, the SellerDepositor, the Servicer, the Trustee or the Certificate Registrar, Registrar (a) to the extent the Certificate Insurer makes payments, directly or indirectly, on account of principal of or interest on the Senior any Class A Certificates to the Holders Owners of such Senior Certificates, (i) the Certificate Insurer will be fully subrogated to the rights of such Holders to receive such principal and interest from the Trust and (iib) the Certificate Insurer shall be paid such principal and interest but only from the sources and in the manner provided herein for the payment of such principal and interest. The Seller Trustee, the Seller, the Depositor and the Servicer shall cooperate in all respects with any reasonable request by the Certificate Insurer for action to preserve or enforce the Certificate Insurer's rights or interests under this Agreement without limiting the rights or affecting the interests of the Holders Owners as otherwise set forth hereintherein.

Appears in 4 contracts

Sources: Pooling and Servicing Agreement (DLJ Mortgage Acceptance Corp), Pooling and Servicing Agreement (Chec Asset Receivables Corp), Pooling and Servicing Agreement (DLJ Commercial Mort Corp Comm Mort Pass THR Cer Ser 1998-Cg1)

Effect of Payments by the Certificate Insurer; Subrogation. Anything herein to the contrary notwithstanding, any payment with respect to principal of or interest on any of the Senior Class A Certificates which is made with moneys received pursuant to the terms of the Certificate Insurance Policy shall not be considered payment of the Senior such Class A Certificates from the Trust Fund and shall not result in the payment of or the provision for the payment of the principal of or interest on the Senior such Class A Certificates within the meaning of Section 5.014.01. The SellerDepositor, the Servicer and the Trustee acknowledge, and each Holder by its acceptance of a Certificate agrees, that without the need for any further action on the part of the Certificate Insurer, the SellerDepositor, the Servicer, the Trustee or the Certificate Registrar, Registrar (a) to the extent the Certificate Insurer makes payments, directly or indirectly, on account of principal of or interest on the Senior any Class A Certificates to the Holders of such Senior Certificates, (i) the Certificate Insurer will be fully subrogated to the rights of such Holders to receive such principal and interest from the Trust Fund and (iib) the Certificate Insurer shall be paid such principal and interest but only from the sources and in the manner provided herein for the payment of such principal and interest. The Seller Trustee and the Servicer shall cooperate in all respects with any reasonable request by the Certificate Insurer for action to preserve or enforce the Certificate Insurer's rights or interests under this Agreement without limiting the rights or affecting the interests of the Holders as otherwise set forth herein.

Appears in 3 contracts

Sources: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp), Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp), Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)

Effect of Payments by the Certificate Insurer; Subrogation. Anything herein to the contrary notwithstanding, any payment with respect to principal of or interest on any of the Senior Class A Certificates which is made with moneys received pursuant to the terms of the Certificate Insurance Policy shall not be considered payment of the Senior such Class A Certificates from the Trust Fund and shall not result in the payment of or the provision for the payment of the principal of or interest on the Senior such Certificates within the meaning of Section 5.014.01. The SellerDepositor, the Master Servicer and the Trustee acknowledge, and each Holder by its acceptance of a Class A Certificate agrees, that without the need for any further action on the part of the Certificate Insurer, the SellerDepositor, the Servicer, Master Servicer or the Trustee or the Certificate Registrar, (a) to the extent the Certificate Insurer makes payments, directly or indirectly, on account of principal of or interest on the Senior any Class A Certificates to the Holders of such Senior Certificates, (i) the Certificate Insurer will be fully subrogated to the rights of such Holders to receive such principal and interest from the Trust Fund and (iib) the Certificate Insurer shall be paid such principal and interest but only from the sources and in the manner provided herein for the payment of such principal and interest. The Seller Trustee and the Master Servicer shall cooperate in all respects with any reasonable request by the Certificate Insurer for action to preserve or enforce the Certificate Insurer's rights or interests under this Agreement without limiting the rights or affecting the interests of the Holders as otherwise set forth herein.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Opt One Mort Accept Corp Loan Tr Asset Bk Cert Ser 1999-2), Pooling and Servicing Agreement (United Panam Financial Corp)

Effect of Payments by the Certificate Insurer; Subrogation. Anything herein to the contrary notwithstanding, any payment with respect to principal of or interest on the Senior Class A-1 Certificates which is made with moneys received pursuant to the terms of the Certificate Insurance Policy shall not be considered payment of the Senior Class A-1 Certificates from the Trust and shall not result in the payment of or the provision for the payment of the principal of or interest on the Senior Certificates within the meaning of Section 5.01Fund. The SellerDepositor, the Servicer and the Trustee acknowledge, and each Holder by its acceptance of a Class A-1 Certificate agrees, that without the need for any further action on the part of the Certificate Insurer, the SellerDepositor, the Servicer, the Trustee or the Certificate Registrar, Registrar (a) to the extent the Certificate Insurer makes payments, directly or indirectly, on account of principal of or interest on the Senior Class A-1 Certificates to the Holders of such Senior Class A-1 Certificates, (i) the Certificate Insurer will be fully subrogated to, and each Class A-1 Certificateholder, the Servicer and the Trustee hereby delegate and assign to the Certificate Insurer, to the fullest extent permitted by law, the rights of such Holders to receive such principal and interest from the Trust Fund, including, without limitation, any amounts due to the Class A-1 Certificateholders in respect of securities law violations arising from the offer and sale of the Class A-1 Certificates, and (iib) the Certificate Insurer shall be paid such principal and interest but only amounts from the sources and in the manner provided herein for the payment of such principal amounts and interestas provided in the Insurance and Indemnity Agreement. The Seller Trustee and the Servicer shall cooperate in all respects with any reasonable request by the Certificate Insurer for action to preserve or enforce the Certificate Insurer's rights or interests under this Agreement without limiting the rights or affecting the interests of the Holders as otherwise set forth herein.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc CDC Mort Cap Tr 2003 He4), Pooling and Servicing Agreement (Morgan Stanley Abs Capital 1 Inc CDC Mort Cap Trust 2004-He1)

Effect of Payments by the Certificate Insurer; Subrogation. Anything herein to the contrary notwithstanding, any payment with respect to principal of or interest on the Senior Certificates which is made with moneys received pursuant to the terms of the Certificate Insurance Policy Policies shall not be considered payment of the Senior Certificates from the Trust and shall not result in the payment of or the provision for the payment of the principal of or interest on the Senior Certificates within the meaning of Section 5.01. The Seller, the Servicer and the Trustee acknowledge, and each Holder by its acceptance of a Certificate agrees, that without the need for any further action on the part of the Certificate Insurer, the Seller, the Servicer, the Trustee or the Certificate Registrar, to the extent the Certificate Insurer makes payments, directly or indirectly, on account of principal of or interest on the Senior Certificates to the Holders of such Senior Certificates, (i) the Certificate Insurer will be fully subrogated to the rights of such Holders to receive such principal and interest from the Trust and (ii) the Certificate Insurer shall be paid such principal and interest but only from the sources and in the manner provided herein for the payment of such principal and interest. The Trustee, the Seller and the Servicer shall cooperate in all respects with any reasonable request by the Certificate Insurer for action to preserve or enforce the Certificate Insurer's rights or interests under this Agreement without limiting the rights or affecting the interests of the Holders as otherwise set forth herein.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Delta Funding Corp /De/), Pooling and Servicing Agreement (Delta Funding Corp /De/)

Effect of Payments by the Certificate Insurer; Subrogation. Anything herein to the contrary notwithstanding, for purposes of this Section 12.03, any payment with respect to principal of or interest on the Senior Certificates which is made with moneys monies received pursuant to the terms of the Certificate Insurance Policy shall not be considered payment of the Senior Certificates from the Trust and shall not result in the payment of or the provision for the payment of the principal of or interest on the Senior Certificates within the meaning of Section 5.01Fund. The Seller, the Servicer and the Trustee acknowledgeSecurities Administrator acknowledges, and each Holder by its acceptance of a Senior Certificate agrees, that without the need for any further action on the part of the Certificate Insurer, the Seller, the Servicer, the Trustee Insurer or the Certificate RegistrarSecurities Administrator, to the extent the Certificate Insurer makes payments, directly or indirectly, on account of principal of or interest on the Senior Certificates to the Holders of such Senior Certificates, (i) the Certificate Insurer will be fully subrogated to, and each Holder of a Senior Certificate and the Depositor hereby delegate and assign to the Certificate Insurer, to the fullest extent permitted by law, the rights of such Holders to receive such principal and interest from the Trust and (ii) Fund; provided that the Certificate Insurer shall be paid such principal and interest but amounts only from the sources and in the manner explicitly provided herein for the payment of such principal and interestherein. The Seller and the Servicer Securities Administrator shall cooperate in all respects with any reasonable request by the Certificate Insurer for action to preserve or enforce the Certificate Insurer's ’s rights or interests under this Agreement without limiting the rights or affecting the interests of the Holders as otherwise set forth herein.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Nomura Asset Acceptance Corporation, Alternative Loan Trust, Series 2007-3)

Effect of Payments by the Certificate Insurer; Subrogation. Anything herein to the contrary notwithstanding, any payment with respect to principal of or interest on the Senior Certificates which is made with moneys received pursuant to the terms of the Certificate Insurance Policy shall not be considered payment of the Senior Certificates from the Trust and shall not result in the payment of or the provision for the payment of the principal of or interest on the Senior Certificates within the meaning of Section 5.01. The Seller, the Servicer and the Trustee acknowledge, and each Holder by its acceptance of a Senior Certificate agrees, that without the need for any further action on the part of the Certificate Insurer, the Seller, the Servicer, the Trustee or the Certificate Registrar, to the extent the Certificate Insurer makes payments, directly or indirectly, on account of principal of or interest on the Senior Certificates to the Holders of such Senior Certificates, (i) the Certificate Insurer will be fully subrogated to the rights of such Holders to receive such principal and interest from the Trust and (ii) the Certificate Insurer shall be paid such principal and interest but only from the sources and in the manner provided herein for the payment of such principal and interest. The Trustee, the Seller and the Servicer shall cooperate in all respects with any reasonable request by the Certificate Insurer for action to preserve or enforce the Certificate Insurer's rights or interests under this Agreement without limiting the rights or affecting the interests of the Holders as otherwise set forth herein.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Delta Funding Corp /De/)

Effect of Payments by the Certificate Insurer; Subrogation. Anything herein to the contrary notwithstanding, any payment with respect to principal of or interest on any of the Senior Class A Certificates which is made with moneys received pursuant to the terms of either of the Certificate Insurance Policy Policies shall not be considered payment of the Senior such Certificates from the Trust and shall not result in the payment of or the provision for the payment of the principal of or interest on the Senior such Certificates within the meaning of Section 5.017.03. The SellerDepositor, the Servicer and the Trustee acknowledge, and each Holder Owner by its acceptance of a Certificate agrees, that without the need for any further action on the part of the Certificate Insurer, the SellerDepositor, the Servicer, the Trustee or the Certificate Registrar, Registrar (a) to the extent the Certificate Insurer makes payments, directly or indirectly, on account of principal of or interest on the Senior any Class A Certificates to the Holders Owners of such Senior Certificates, (i) the Certificate Insurer will be fully subrogated to the rights of such Holders to receive such principal and interest from the Trust and (iib) the Certificate Insurer shall be paid such principal and interest but only from the sources and in the manner provided herein for the payment of such principal and interest. The Seller Trustee, the Seller, the Depositor and the Servicer shall cooperate in all respects with any reasonable request by the Certificate Insurer for action to preserve or enforce the Certificate Insurer's rights or interests under this Agreement without limiting the rights or affecting the interests of the Holders Owners as otherwise set forth hereintherein.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Imc Home Equity Loan Trust 1997-2)

Effect of Payments by the Certificate Insurer; Subrogation. Anything herein to the contrary notwithstanding, any payment with respect to principal of or interest on any of the Senior Class A Certificates which is made with moneys received pursuant to the terms of either of the Certificate Insurance Policy Policies shall not be considered payment of the Senior such Certificates from the Trust and shall not result in the payment of or the provision for the payment of the principal of or interest on the Senior such Certificates within the meaning of Section 5.017.03. The SellerDepositor, the Servicer and the Trustee acknowledge, and each Holder Owner by its acceptance of a Certificate agrees, that without the need for any further action on the part of the Certificate Insurer, the SellerDepositor, the Servicer, the Trustee or the Certificate Registrar, Registrar (a) to the extent the Certificate Insurer makes payments, directly or indirectly, on account of principal of or interest on the Senior any Class A Certificates to the Holders Owners of such Senior Certificates, (i) the Certificate Insurer will be fully subrogated to the rights of such Holders to receive such principal and interest from the Trust and (iib) the Certificate Insurer shall be paid such principal and interest but only from the sources and in the manner provided herein for the payment of such principal and interest. The Seller Trustee, the Seller, the Depositor and the Servicer shall cooperate in all respects with any reasonable request by the Certificate Insurer for action to preserve or enforce the Certificate Insurer's rights or interests under this Agreement without limiting the rights or affecting the interests of the Holders Owners as otherwise set forth herein.therein. 129

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Imc Home Equity Loan Trust 1997-1)

Effect of Payments by the Certificate Insurer; Subrogation. Anything herein to the contrary notwithstanding, any payment with respect to principal of or interest on the Senior Class A-1 Certificates which is made with moneys received pursuant to the terms of the Certificate Insurance Policy shall not be considered payment of the Senior Class A-1 Certificates from the Trust and shall not result in the payment of or the provision for the payment of the principal of or interest on the Senior Certificates within the meaning of Section 5.01Fund. The SellerDepositor, the Servicer and the Trustee acknowledge, and each Holder by its acceptance of a Class A-1 Certificate agrees, that without the need for any further action on the part of the Certificate Insurer, the SellerDepositor, the Servicer, the Trustee or the Certificate Registrar, Registrar (a) to the extent the Certificate Insurer makes payments, directly or indirectly, on account of principal of or interest on the Senior Class A-1 Certificates to the Holders of such Senior Class A-1 Certificates, (i) the Certificate Insurer will be fully subrogated to, and each Class A-1 Certificateholder, the Servicer and the Trustee hereby delegate and assign to the Certificate Insurer, to the fullest extent permitted by law, the rights of such Holders to receive such principal and interest from the Trust Fund, including, without limitation, any amounts due to the Class A-1 Certificateholders in respect of securities law violations arising from the offer and sale of the Class A-1 Certificates, and (iib) the Certificate Insurer shall be paid such principal and interest but only amounts from the sources and in the manner provided herein for the payment of such principal amounts and interestas provided in the Insurance and Indemnity Agreement. The Seller Trustee and the Servicer shall cooperate in all respects with any reasonable request by the Certificate Insurer for action to preserve or enforce the Certificate Insurer's ’s rights or interests under this Agreement without limiting the rights or affecting the interests of the Holders as otherwise set forth herein.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc CDC Mor Cap Tr 2004-He2)

Effect of Payments by the Certificate Insurer; Subrogation. Anything herein to the contrary notwithstanding, any payment with respect to principal of or interest on the Senior Certificates which is made with moneys received pursuant to the terms of the Certificate Insurance Policy shall not be considered payment of the Senior Certificates from the Trust and shall not result in the payment of or the provision for the payment of the principal of or interest on the Senior Certificates within the meaning of Section 5.01. The Seller, the Servicer and the Trustee acknowledge, and each Holder by its acceptance of a Certificate agrees, that without the need for any further action on the part of the Certificate Insurer, the Seller, the Servicer, the Trustee or the Certificate Registrar, to the extent the Certificate Insurer makes payments, directly or indirectly, on account of principal of or interest on the Senior Certificates to the Holders of such Senior Certificates, (i) the Certificate Insurer will be fully subrogated to the rights of such Holders to receive such principal and interest from the Trust and (ii) the Certificate Insurer shall be paid such principal and interest but only from the sources and in the manner provided herein for the payment of such principal and interest. The Trustee, the Seller and the Servicer shall cooperate in all respects with any reasonable request by the Certificate Insurer for action to preserve or enforce the Certificate Insurer's rights or interests under this Agreement without limiting the rights or affecting the interests of the Holders as otherwise set forth herein.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Delta Funding Corp /De/)

Effect of Payments by the Certificate Insurer; Subrogation. Anything herein to the contrary notwithstanding, any payment with respect to principal of or interest on any of the Senior Class A Certificates which is made with moneys received pursuant to the terms of the Certificate Insurance Policy shall not be considered payment of the Senior such Class A Certificates from the Trust Fund and shall not result in the payment of or the provision for the payment of the principal of or interest on the Senior such Class A Certificates within the meaning of Section 5.014.01. The SellerDepositor, the Master Servicer and the Trustee acknowledge, and each Holder by its acceptance of a Certificate agrees, that without the need for any further action on the part of the Certificate Insurer, the SellerDepositor, the Master Servicer, the Trustee or the Certificate Registrar, Registrar (a) to the extent the Certificate Insurer makes payments, directly or indirectly, on account of principal of or interest on the Senior any Class A Certificates to the Holders of such Senior Certificates, (i) the Certificate Insurer will be fully subrogated to the rights of such Holders to receive such principal and interest from the Trust Fund and (iib) the Certificate Insurer shall be paid such principal and interest but only from the sources and in the manner provided herein for the payment of such principal and interest. The Seller Trustee and the Master Servicer shall cooperate in all respects with any reasonable request by the Certificate Insurer for action to preserve or enforce the Certificate Insurer's rights or interests under this Agreement without limiting which does not limit the rights or affecting affect the interests of the Holders as otherwise set forth herein.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Salomon Brothers Mort Sec Vii Inc Fl Rte Cert Se 1996-Lb1)

Effect of Payments by the Certificate Insurer; Subrogation. Anything herein to the contrary notwithstanding, any payment with respect to principal of or interest on any of the Senior Class A Certificates which is made with moneys received pursuant to the terms of the Certificate Insurance a Policy shall not be considered payment of the Senior such Certificates from the Trust and shall not result in the payment of or the provision for the payment of the principal of or interest on the Senior such Certificates within the meaning of Section 5.014.2. The Seller, the Servicer and the Trustee acknowledgeacknowledges, and each Holder Certificateholder by its acceptance of a Certificate agrees, that without the need for any further action on the part of the Certificate Insurer, the Seller, the Servicer, Insurer and the Trustee or the Certificate Registrar, (a) to the extent the Certificate Insurer makes payments, directly or indirectly, on account of principal of or interest on the Senior any Class A Certificates to the Holders holders of such Senior Certificates, (i) the Certificate Insurer will be fully subrogated to the rights of such Holders holders to receive such principal and interest from the Trust and (iib) the Certificate Insurer shall be paid such principal and interest but only from the sources and in the manner provided herein for the payment of such principal and interest. The Seller and the Servicer Trustee shall cooperate in all respects with any reasonable request by the Certificate Insurer for action to preserve or enforce the Certificate Insurer's ’s rights or interests under this Agreement without limiting the rights or affecting the interests of the Holders as otherwise set forth herein.

Appears in 1 contract

Sources: Trust Agreement

Effect of Payments by the Certificate Insurer; Subrogation. Anything herein to the contrary notwithstanding, any payment with respect to principal of or interest on any of the Senior Class A Certificates which is made with moneys received pursuant to the terms of the Certificate Insurance Policy shall not be considered payment of the Senior such Certificates from the Trust and shall not result in the payment of or the provision for the payment of the principal of or interest on the Senior such Certificates within the meaning of Section 5.014.01. The SellerDepositor, the Master Servicer and the Trustee acknowledge, and each Holder Owner by its acceptance of a Certificate agrees, that without the need for any further action on the part of the Certificate Insurer, the SellerDepositor, the Master Servicer, the Trustee or the Certificate Registrar, Registrar (a) to the extent the Certificate Insurer makes payments, directly or indirectly, on account of principal of or interest on the Senior any Class A Certificates to the Holders Owners of such Senior Certificates, (i) the Certificate Insurer will be fully subrogated to the rights of such Holders holders to receive such principal and interest from the Trust and (iib) the Certificate Insurer shall be paid such principal and interest but only from the sources and in the manner provided herein for the payment of such principal and interest. The Seller Trustee, the Depositor and the Master Servicer shall cooperate in all respects with any reasonable request by the Certificate Insurer for action to preserve or enforce the Certificate Insurer's rights or interests under this Agreement without limiting the rights or affecting the interests of the Holders Owners as otherwise set forth hereintherein.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc)

Effect of Payments by the Certificate Insurer; Subrogation. Anything herein to the contrary notwithstanding, any payment with respect to principal of or interest on any of the Senior Class A Certificates which is made with moneys received pursuant to the terms of the a Certificate Insurance Policy shall not be considered payment of the Senior such Certificates from the Trust and shall not result in the payment of or the provision for the payment of the principal of or interest on the Senior such Certificates within the meaning of Section 5.016.05. The SellerDepositor, the ------------ Servicer and the Trustee acknowledge, and each Holder Certificateholder by its acceptance of a Certificate agrees, that without the need for any further action on the part of the Certificate Insurer, the SellerDepositor, the Servicer, Servicer and the Trustee or the Certificate Registrar, (a) to the extent the Certificate Insurer makes payments, directly or indirectly, on account of principal of or interest on the Senior any Class A Certificates to the Holders holders of such Senior Certificates, (i) the Certificate Insurer will be fully subrogated to the rights of such Holders holders to receive such principal and interest from the Trust and (iib) the Certificate Insurer shall be paid such principal and interest but only from the sources and in the manner provided herein for the payment of such principal and interest. The Seller Trustee, the Depositor and the Servicer shall cooperate in all respects with any reasonable request by the Certificate Insurer for action to preserve or enforce the Certificate Insurer's rights or interests under this Agreement without limiting the rights or affecting the interests of the Holders as otherwise set forth herein.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Eqcc Receivables Corp)

Effect of Payments by the Certificate Insurer; Subrogation. Anything herein to the contrary notwithstanding, any payment with respect to principal of or interest on any of the Senior Class A Certificates which is made with moneys received pursuant to the terms of the Certificate Insurance Policy shall not be considered payment of the Senior such Class A Certificates from the Trust Fund and shall not result in the payment of or the provision for the payment of the principal of or interest on the Senior such Class A Certificates within the meaning of Section 5.014.01. The SellerDepositor, the Master Servicer and the Trustee acknowledge, and each Holder by its acceptance of a Certificate agrees, that without the need for any further action on the part of the Certificate Insurer, the SellerDepositor, the Servicer, Master Servicer or the Trustee or the Certificate Registrar, (a) to the extent the Certificate Insurer makes payments, directly or indirectly, on account of principal of or interest on the Senior any Class A Certificates to the Holders of such Senior Certificates, (i) the Certificate Insurer will be fully subrogated to the rights of such Holders to receive such principal and interest from the Trust Fund and (iib) the Certificate Insurer shall be paid such principal and interest but only from the sources and in the manner provided herein for the payment of such principal and interest. The Seller Trustee and the Master Servicer shall cooperate in all respects with any reasonable request by the Certificate Insurer for action to preserve or enforce the Certificate Insurer's rights or interests under this Agreement without limiting the rights or affecting the interests of the Holders as otherwise set forth herein.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Salomon Bro Mort Sec Vii Inc as Bk Fix & Fl Rte Ce Se 1996-8)

Effect of Payments by the Certificate Insurer; Subrogation. Anything herein to the contrary notwithstanding, any Any payment with respect to principal of or interest on any of the Senior Class A Certificates which is made with moneys received pursuant to the terms of the Certificate Insurance Policy shall not be considered payment of the Senior such Certificates from the Trust and shall not result be paid to the Class A Certificateholders in the payment of or the provision for the payment of the principal of or interest on the Senior Certificates within the meaning of accordance with Section 5.018.01. The SellerServicer, the Servicer Trustee and the Owner Trustee acknowledge, and each Holder by its acceptance of a Class A Certificate or any interest therein agrees, that without the need for any further action on the part of the Certificate Insurer, the Originator, the Seller, the Servicer, the Trustee or the Certificate Registrar, Paying Agent (a) to the extent the Certificate Insurer makes payments, directly or indirectly, on account of principal of or interest on the Senior any Class A Certificates to the Holders Holder of such Senior Class A Certificates, (i) the Certificate Insurer will be fully subrogated to the rights of such Holders Certificateholders to receive such principal and interest from the Trust and (iib) the Certificate Insurer shall be paid such principal and interest but only from the sources and in the manner provided herein for the payment of such principal and interest. The Seller Trustee and the Servicer shall cooperate in all respects with any reasonable request by the Certificate Insurer for action to preserve or enforce the Certificate Insurer's rights or interests under this Agreement without limiting the rights or affecting the interests of the Holders Class A Certificateholders as otherwise set forth herein.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Conseco Finance Securitizations Corp)

Effect of Payments by the Certificate Insurer; Subrogation. Anything herein to the contrary notwithstanding, any payment with respect to principal of or interest on the Senior Offered Certificates which is made with moneys received pursuant to the terms of the Certificate Insurance Policy shall not be considered payment of the Senior Offered Certificates from the Trust Fund and shall not result in the payment of or the provision for the payment of the principal of or interest on the Senior Offered Certificates within the meaning of Section 5.014.04. The Seller, the Depositor, the Servicer and the Trustee acknowledge, and each Holder by its acceptance of a Class A Certificate agrees, that without the need for any further action on the part of the Certificate Insurer, the Seller, the Servicer, the Trustee Servicer or the Certificate RegistrarTrustee, to the extent the Certificate Insurer makes payments, directly or indirectly, on account of principal of or interest on the Senior Offered Certificates to the Holders of such Senior Certificates, (i) the Certificate Insurer will be fully subrogated to the rights of such Holders to receive such principal and and/or interest from the Trust and (ii) the Certificate Insurer shall be paid such principal and interest but only from the sources and in the manner provided herein for the payment of such principal and interestFund. The Seller Trustee, the Depositor and the Servicer shall reasonably cooperate in all respects with any reasonable request by the Certificate Insurer or the Class A Certificateholders (when other than the Seller, the Servicer or any affiliate thereof) for action to preserve or enforce the Certificate Insurer's respective rights or interests of the Certificate Insurer or the Class A Certificateholders under this Agreement without limiting the rights or affecting the interests of the Holders as otherwise set forth herein.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)

Effect of Payments by the Certificate Insurer; Subrogation. Anything herein to the contrary notwithstanding, any payment with respect to principal of or interest on any of the Senior Class A Certificates which is made with moneys received pursuant to the terms of the Certificate Insurance Policy shall not be considered payment of the Senior such Certificates from the Trust and shall not result in the payment of or the provision for the payment of the principal of or interest on the Senior such Certificates within the meaning of Section 5.017.03. The SellerDepositor, the Servicer and the Trustee acknowledge, and each Holder Owner by its acceptance of a Certificate agrees, that without the need for any further action on the part of the Certificate Insurer, the SellerDepositor, the Servicer, the Trustee or the Certificate Registrar, Registrar (a) to the extent the Certificate Insurer makes payments, directly or indirectly, on account of principal of or interest on the Senior any Class A Certificates to the Holders Owners of such Senior Certificates, (i) the Certificate Insurer will be fully subrogated to the rights of such Holders holders to receive such principal and interest from the Trust and (iib) the Certificate Insurer shall be paid such principal and interest but only from the sources and in the manner provided herein for the payment of such principal and interest. The Seller Trustee, the Seller, the Depositor and the Servicer shall cooperate in all respects with any reasonable request by the Certificate Insurer for action to preserve or enforce the Certificate Insurer's rights or interests under this Agreement without limiting the rights or affecting the interests of the Holders Owners as otherwise set forth hereintherein.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Centex Home Equity Loan Trust 1999-2)

Effect of Payments by the Certificate Insurer; Subrogation. Anything herein to the contrary notwithstanding, any payment with respect to principal of or interest on the Senior Class A-1 Certificates which is made with moneys received pursuant to the terms of the Certificate Insurance Policy shall not be considered payment of the Senior Class A-1 Certificates from the Trust and shall not result in the payment of or the provision for the payment of the principal of or interest on the Senior Certificates within the meaning of Section 5.01Fund. The SellerDepositor, the Servicer and the Trustee acknowledge, and each Holder by its acceptance of a Class A-1 Certificate agrees, that without the need for any further action on the part of the Certificate Insurer, the SellerDepositor, the Servicer, the Trustee or the Certificate Registrar, Registrar (a) to the extent the Certificate Insurer makes payments, directly or indirectly, on account of principal of or interest on the Senior Class A-1 Certificates to the Holders of such Senior Class A-1 Certificates, (i) the Certificate Insurer will be fully subrogated to, and each Class A-1 Certificateholder, the Servicer and the Trustee hereby delegate and assign to the Certificate Insurer, to the fullest extent permitted by law, the rights of such Holders to receive such principal and interest from the Trust Fund, including, without limitation, any amounts due to the Class A-1 Certificateholders in respect of securities law violations arising from the offer and sale of the Class A-1 Certificates, and (iib) the Certificate Insurer shall be paid such principal and interest but only amounts from the sources and in the manner provided herein for the payment of such principal amounts and interestas 107 provided in the Insurance and Indemnity Agreement. The Seller Trustee and the Servicer shall cooperate in all respects with any reasonable request by the Certificate Insurer for action to preserve or enforce the Certificate Insurer's rights or interests under this Agreement without limiting the rights or affecting the interests of the Holders as otherwise set forth herein.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc)

Effect of Payments by the Certificate Insurer; Subrogation. Anything herein to the contrary notwithstanding, any payment with respect to principal of or interest on any of the Senior Class A Certificates which is made with moneys received pursuant to the terms of the Certificate Insurance Policy shall not be considered payment of the Senior such Certificates from the Trust and shall not result in the payment of or the provision for the payment of the principal of or interest on the Senior such Certificates within the meaning of Section 5.017.03. The SellerDepositor, the Master Servicer and the Trustee acknowledge, and each Holder Owner by its acceptance of a Certificate agrees, that without the need for any further action on the part of the Certificate Insurer, the SellerDepositor, the Master Servicer, the Trustee or the Certificate Registrar, Registrar (a) to the extent the Certificate Insurer makes payments, directly or indirectly, on account of principal of or interest on the Senior any Class A Certificates to the Holders Owners of such Senior Certificates, (i) the Certificate Insurer will be fully subrogated to the rights of such Holders to receive such principal and interest from the Trust and (iib) the Certificate Insurer shall be paid such principal and interest but only from the sources and in the manner provided herein for the payment of such principal and interest. The Seller Trustee, the Seller, the Depositor and the Master Servicer shall cooperate in all respects with any reasonable request by the Certificate Insurer for action to preserve or enforce the Certificate Insurer's rights or interests under this Agreement without limiting the rights or affecting the interests of the Holders Owners as otherwise set forth hereintherein.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (DLJ Mortgage Acceptance Corp)

Effect of Payments by the Certificate Insurer; Subrogation. Anything herein to the contrary notwithstanding, any payment with respect to principal of or interest on any of the Senior Class A Certificates which is made with moneys received pursuant to the terms of the Certificate Insurance Policy shall not be considered payment of the Senior such Certificates from the Trust and shall not result in the payment of or the provision for the payment of the principal of or interest on the Senior such Certificates within the meaning of Section 5.017.03. The SellerDepositor, the Servicer and the Trustee acknowledge, and each Holder Owner by its acceptance of a Certificate agrees, that without the need for any further action on the part of the Certificate Insurer, the SellerDepositor, the Servicer, the Trustee or the Certificate Registrar, Registrar (a) to the extent the Certificate Insurer makes payments, directly or indirectly, on account of principal of or interest on the Senior any Class A Certificates to the Holders Owners of such Senior Certificates, (i) the Certificate Insurer will be fully subrogated to the rights of such Holders Owners to receive such principal and interest from the Trust and (iib) the Certificate Insurer shall be paid such principal and interest but only from the sources and in the manner provided herein for the payment of such principal and interest. 130 The Seller Trustee, the Seller, the Depositor and the Servicer shall cooperate in all respects with any reasonable request by the Certificate Insurer for action to preserve or enforce the Certificate Insurer's rights or interests under this Agreement without limiting the rights or affecting the interests of the Holders Owners as otherwise set forth hereintherein.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Imc Home Equity Loan Trust 1998-3)

Effect of Payments by the Certificate Insurer; Subrogation. Anything herein to the contrary notwithstanding, any payment with respect to principal of or interest on any of the Senior Class A Certificates which is made with moneys received pursuant to the terms of the Certificate Insurance Policy Policies shall not be considered payment of the Senior such Certificates from the Trust and shall not result in the payment of or the provision for the payment of the principal of or interest on the Senior such Certificates within the meaning of Section 5.017.03. The SellerDepositor, the Servicer and the Trustee acknowledge, and each Holder Owner by its acceptance of a Certificate agrees, that without the need for any further action on the part of the Certificate Insurer, the SellerDepositor, the Servicer, the Trustee or the Certificate Registrar, Registrar (a) to the extent the Certificate Insurer makes payments, directly or indirectly, on account of principal of or interest on the Senior any Class A Certificates 141 to the Holders Owners of such Senior Certificates, (i) the Certificate Insurer will be fully subrogated to the rights of such Holders holders to receive such principal and interest from the Trust and (iib) the Certificate Insurer shall be paid such principal and interest but only from the sources and in the manner provided herein for the payment of such principal and interest. The Seller Trustee, the Sellers, the Depositor and the Servicer shall cooperate in all respects with any reasonable request by the Certificate Insurer for action to preserve or enforce the Certificate Insurer's rights or interests under this Agreement without limiting the rights or affecting the interests of the Holders Owners as otherwise set forth herein.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Centex Home Equity Loan Asset Backed Certs Series 2001 A)