Common use of Facilities and Systems Clause in Contracts

Facilities and Systems. (a) On the date of this Agreement, Servicer maintains its servicing facilities in Jackson, Mississippi and Elmhurst, Illinois. Except as otherwise expressly specified in this Agreement, Servicer shall have the right, from time to time and at its sole discretion (i) to consolidate or transfer the performance of any or all of the Services performed on the date hereof by its Elmhurst, Illinois servicing facility into or to its Jackson, Mississippi servicing facility and (ii) to relocate to the Jackson, Mississippi servicing facility the personnel, equipment and other resources used in providing such Services. Servicer shall not open a servicing facility at any other location for the purpose of providing the Services without the prior written consent of Primary Servicer, which consent shall not be unreasonably withheld. (b) Servicer shall provide and maintain in good working order such computer and communications systems and other equipment as it shall deem necessary or appropriate for its provision of the Services in accordance with the servicing standard stated in Section 2.02(a) (such computer and communications systems and other equipment, together with the servicing facilities identified in Section 2.05(a), the “Servicing Assets”). (c) Not more than 10 Business Days after the end of each of Servicer’s fiscal quarters, Servicer shall provide Primary Servicer with a certificate, signed by the Chief Financial Officer or Treasurer of Servicer and dated as of the end of such fiscal quarter, regarding performance by Servicer and its Affiliates of obligations secured by material Liens on any Servicing Assets. Servicer will, at Primary Servicer’s option, reasonably cooperate with Primary Servicer in Primary Servicer’s efforts to reach an agreement with any secured party whereby, upon a default by Servicer or its Affiliate with respect to the relevant secured obligation, Primary Servicer or its Affiliate is able to replace such secured party as the recipient of the defaulted obligation and the holder of the applicable Lien. Servicer shall deliver to Primary Servicer on the date hereof a schedule of all material Liens then encumbering the Servicing Assets.

Appears in 1 contract

Sources: Servicing Agreement (Saks Inc)

Facilities and Systems. (a) On the date of this Agreement, Servicer maintains its servicing facilities in Jackson, Mississippi and Elmhurst, Illinois. Except as otherwise expressly specified in this Agreement, Servicer shall have the right, from time to time and at its sole discretion (i) to consolidate or transfer the performance of any or all of the Services performed on the date hereof by its Elmhurst, Illinois servicing facility into or to its Jackson, Mississippi servicing facility and (ii) to relocate to the Jackson, Mississippi servicing facility the personnel, equipment and other resources used in providing such Services. Servicer shall not open a servicing facility at any other location for the purpose of providing the Services without the prior written consent of Primary ServicerHousehold Bank, which consent shall not be unreasonably withheld. (b) Servicer shall provide and maintain in good working order such computer and communications systems and other equipment as it shall deem necessary or appropriate for its provision of the Services in accordance with the servicing standard stated in Section 2.02(a) (such computer and communications systems and other equipment, together with the servicing facilities identified in Section 2.05(a), the "Servicing Assets"). (c) Not more than 10 Business Days after the end of each of Servicer’s 's fiscal quarters, Servicer shall provide Primary Servicer Household Bank with a certificate, signed by the Chief Financial Officer or Treasurer of Servicer and dated as of the end of such fiscal quarter, regarding performance by Servicer and its Affiliates of obligations secured by material Liens on any Servicing Assets. Servicer will, at Primary Servicer’s Household Bank's option, reasonably cooperate with Primary Servicer Household Bank in Primary Servicer’s Household Bank's efforts to reach an agreement with any secured party whereby, upon a default by Servicer or its Affiliate with respect to the relevant secured obligation, Primary Servicer or its Affiliate Household Bank is able to replace such secured party as the recipient of the defaulted obligation and the holder of the applicable Lien. Servicer shall deliver to Primary Servicer Household Bank on the date hereof a schedule of all material Liens then encumbering the Servicing Assets.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Saks Inc)