Common use of Responsibilities of the Originator Clause in Contracts

Responsibilities of the Originator. Anything herein to the contrary notwithstanding: (a) The Originator agrees to deliver directly to the Servicer (for the Buyer's account), within one Business Day after receipt thereof, any CMSC Collections or CMF Collections that it receives, in the form so received, and agrees that all such CMSC Collections and CMF Collections will be deemed to be received in trust for the Buyer and its assignees and will be maintained and segregated separate and apart from all other funds and moneys of the Originator until delivery of such CMSC Collections and CMF Collections to the Servicer; and (b) The Originator hereby grants to the Buyer an irrevocable power of attorney, with full power of substitution, coupled with an interest, to take in the name of the Originator all steps necessary or advisable to endorse, negotiate or otherwise realize on any writing or other right of any kind held or transmitted by the Originator or transmitted or received by the Buyer (whether or not from the Originator) in connection with any CMSC Purchased Asset (which power of attorney may be exercised by the Buyer's successors and assigns in accordance with Section 8.4 and Section 11.12(b)). (c) The Originator shall perform all of its obligations hereunder and under the Pool Relocation Management Agreements and other Contracts related to the CMSC Purchased Assets to which it is a party (other than those obligations undertaken by the Buyer as provided in Section 7.4(b)) to the same extent as if such CMSC Purchased Assets had not been sold hereunder, and the exercise by the Buyer or its designee or assignee of the Buyer's rights hereunder or in connection herewith shall not relieve the Originator from any of its obligations under any such Pool Relocation Management Agreements or Contracts related to the CMSC Purchased Assets to which it is a party. Notwithstanding the foregoing, the Originator acknowledges that the Buyer or its designees are entitled to perform such obligations to the extent permitted under the Transaction Documents.

Responsibilities of the Originator. Anything herein to the contrary notwithstanding: (a) The Originator agrees to deliver transfer any Collections that it receives directly to the Servicer (for the Buyer's account), a Deposit Account within one Business Day after of receipt thereof, any CMSC Collections or CMF Collections that it receives, in the form so received, and agrees that all such CMSC Collections shall be segregated and CMF Collections will be deemed to be received held in trust for the Buyer Company and its assignees and will be maintained and segregated separate and apart from all other funds and moneys the Agent for the benefit of the Originator until delivery Secured Parties; provided that if the Company or the Servicer is required by Section 4.4 of such CMSC the Receivables Purchase Agreement to remit Collections and CMF Collections directly to the Servicer; andAgent for the benefit of the Secured Parties (or its designee) the Originator shall remit such Collections directly to the Agent for the benefit of the Secured Parties (or its designee) in the same manner as the Company and Servicer may be required to do so by Section 4.4 of the Receivables Purchase Agreement. The Originator further agrees not to deposit any funds other than Collections in a Deposit Account. (b) The Originator shall perform its obligations hereunder, and the exercise by the Company or its designee of its rights hereunder shall not relieve the Originator from such obligations. (c) None of the Company, Servicer (if other than the Originator), Purchasers, the Insurer or the Agent shall have any obligation or liability to any Obligor or any other third Person with respect to any Receivables, Contracts related thereto or any other related agreements, nor shall the Company, Servicer (if other than the Originator), Purchasers, the Insurer or the Agent be obligated to perform any of the obligations of the Originator thereunder. (d) The Originator hereby grants to Servicer (if other than the Buyer Originator) an irrevocable power of attorney, with full power of substitution, coupled with an interest, to take in the name of the Originator all steps necessary or advisable to endorseindorse, negotiate or otherwise realize on any writing or other right of any kind held or transmitted by the Originator or transmitted or received by the Buyer Company (whether or not from the Originator) in connection with any CMSC Purchased Asset (which power of attorney may be exercised by the Buyer's successors and assigns in accordance with Section 8.4 and Section 11.12(b))Receivable or Related Right. (c) The Originator shall perform all of its obligations hereunder and under the Pool Relocation Management Agreements and other Contracts related to the CMSC Purchased Assets to which it is a party (other than those obligations undertaken by the Buyer as provided in Section 7.4(b)) to the same extent as if such CMSC Purchased Assets had not been sold hereunder, and the exercise by the Buyer or its designee or assignee of the Buyer's rights hereunder or in connection herewith shall not relieve the Originator from any of its obligations under any such Pool Relocation Management Agreements or Contracts related to the CMSC Purchased Assets to which it is a party. Notwithstanding the foregoing, the Originator acknowledges that the Buyer or its designees are entitled to perform such obligations to the extent permitted under the Transaction Documents.

Responsibilities of the Originator. Anything herein to the contrary notwithstanding: (a) The each Originator agrees to deliver directly to the Servicer (for the BuyerInitial Purchaser's account), within one two (2) Business Day after Days of receipt thereof, any CMSC Collections or CMF Collections that it receives, in the form so received, and agrees that all such CMSC Collections and CMF Collections will shall be deemed to be received in trust for the Buyer Initial Purchaser and its assignees and will shall be maintained and segregated separate and apart from all other funds and moneys of the such Originator until delivery of such CMSC Collections and CMF the Collections to the Servicer; and; (b) The each Originator hereby grants agrees to instruct (i) all Obligors to cause all Collections to be sent to a Lock-Box that is the Buyer an irrevocable power subject of attorney, with full power of substitution, coupled with an interest, to take in the name of the Originator all steps necessary or advisable to endorse, negotiate or otherwise realize on any writing or other right of any kind held or transmitted by the Originator or transmitted or received by the Buyer a Lock-Box Agreement and (whether or not from the Originatorii) in connection with any CMSC Purchased Asset (which power of attorney may be exercised by the Buyer's successors and assigns in accordance with Section 8.4 and Section 11.12(b)).each Lock-Box Bank to (c) The each Originator shall (i) perform all of its obligations hereunder and under the Pool Relocation Management Agreements and other Contracts related to the CMSC Purchased Assets to which it is a party Pool Receivables and Related Rights (other than those obligations undertaken by and under its agreements with the Buyer as provided in Section 7.4(b)Lock-Box Banks) to the same extent as if such CMSC Purchased Assets the Pool Receivables and Related Rights had not been sold hereunder, and the exercise by the Buyer Initial Purchaser or its designee or assignee of the BuyerInitial Purchaser's rights hereunder or in connection herewith shall not relieve the such Originator from such obligations and (ii) pay when due any taxes, including, without limitation, any sales taxes payable in connection with the Pool Receivables and their creation and satisfaction. Notwithstanding anything to the contrary in this Agreement, none of the Initial Purchaser, the Administrator or the Purchaser shall have any obligation or liability with respect to any Receivable or Related Rights nor shall any of its them be obligated to perform any of the obligations of any Originator under any such Pool Relocation Management Agreements or Contracts related to the CMSC Purchased Assets to which it is a party. Notwithstanding of the foregoing, the Originator acknowledges that the Buyer or its designees are entitled to perform such obligations to the extent permitted under the Transaction Documents.

Responsibilities of the Originator. Anything herein to the contrary notwithstanding: (a) The the Originator agrees to deliver direct its Obligors to make payments of Receivables directly to a post office box related to the relevant Lock-box Account at a Lock-box Bank. The Originator further agrees to transfer any Collections that it receives directly to the Servicer (for the BuyerAFC's account), ) within one Business Day after of receipt thereof, any CMSC Collections or CMF Collections that it receives, in the form so received, and agrees that all such CMSC Collections and CMF Collections will shall be deemed to be received in trust for the Buyer AFC and its assignees and will shall be maintained and segregated separate and apart from all other funds and moneys monies of the Originator until delivery transfer of such CMSC Collections and CMF Collections to the Servicer; and, (b) The the Originator shall perform its obligations hereunder, and the exercise by AFC or its designee of any of its rights hereunder shall not relieve the Originator from such obligations, (c) neither AFC, the Servicer, the Purchaser nor the Agent shall have any obligation or liability to any Obligor or any other third Person with respect to any Receivables, Contracts related thereto or any other related agreements, nor shall AFC, the Servicer, the Purchaser or the Agent be obligated to perform any of the obligations of the Originator thereunder, and (d) the Originator hereby grants to the Buyer Servicer an irrevocable power of attorney, with full power of substitution, coupled with an interest, to take in the name of the Originator all steps necessary or advisable to endorseindorse, negotiate or otherwise realize on any writing or other right of any kind held or transmitted by the such Originator or transmitted or received by the Buyer AFC (whether or not from the Originator) in connection with any CMSC Purchased Asset (which power of attorney may be exercised by the Buyer's successors and assigns in accordance with Section 8.4 and Section 11.12(b))Receivable. (c) The Originator shall perform all of its obligations hereunder and under the Pool Relocation Management Agreements and other Contracts related to the CMSC Purchased Assets to which it is a party (other than those obligations undertaken by the Buyer as provided in Section 7.4(b)) to the same extent as if such CMSC Purchased Assets had not been sold hereunder, and the exercise by the Buyer or its designee or assignee of the Buyer's rights hereunder or in connection herewith shall not relieve the Originator from any of its obligations under any such Pool Relocation Management Agreements or Contracts related to the CMSC Purchased Assets to which it is a party. Notwithstanding the foregoing, the Originator acknowledges that the Buyer or its designees are entitled to perform such obligations to the extent permitted under the Transaction Documents.

Responsibilities of the Originator. Anything herein to the contrary notwithstanding: (a) The each Originator agrees to deliver directly to the Servicer (for the BuyerInitial Purchaser's account), within one two (2) Business Day after Days of receipt thereof, any CMSC Collections or CMF Collections that it receives, in the form so received, and agrees that all such CMSC Collections and CMF Collections will shall be deemed to be received in trust for the Buyer and its assignees and will be maintained and segregated separate and apart from Initial Purchaser; (b) each Originator agrees to instruct (i) all other funds and moneys of the Originator until delivery of such CMSC Collections and CMF Obligors to cause all Collections to be sent to a Lock-Box that is the Servicersubject of a Lock-Box Agreement and (ii) each Lock-Box Bank to deposit all such Collections directly into a Lock-Box Account that is the subject of a Lock-Box Agreement; and (b) The Originator hereby grants to the Buyer an irrevocable power of attorney, with full power of substitution, coupled with an interest, to take in the name of the Originator all steps necessary or advisable to endorse, negotiate or otherwise realize on any writing or other right of any kind held or transmitted by the Originator or transmitted or received by the Buyer (whether or not from the Originator) in connection with any CMSC Purchased Asset (which power of attorney may be exercised by the Buyer's successors and assigns in accordance with Section 8.4 and Section 11.12(b)). (c) The each Originator shall (i) perform all of its obligations hereunder and under the Pool Relocation Management Agreements and other Contracts related to the CMSC Purchased Assets to which it is a party Pool Receivables and Related Rights (other than those obligations undertaken by and under its agreements with the Buyer as provided in Section 7.4(b)Lock-Box Banks) to the same extent as if such CMSC Purchased Assets the Pool Receivables and Related Rights had not been sold hereunder, and the exercise by the Buyer Initial Purchaser or its designee or assignee of the BuyerInitial Purchaser's rights hereunder or in connection herewith shall not relieve the such Originator from such obligations and (ii) pay when due any taxes, including, without limitation, any sales taxes payable in connection with the Pool Receivables and their creation and satisfaction. Notwithstanding anything to the contrary in this Agreement, none of the Initial Purchaser, the Administrator or any Purchaser shall have any obligation or liability with respect to any Receivable or Related Rights nor shall any of its them be obligated to perform any of the obligations of any Originator under any such Pool Relocation Management Agreements or Contracts related to the CMSC Purchased Assets to which it is a party. Notwithstanding of the foregoing, the Originator acknowledges that the Buyer or its designees are entitled to perform such obligations to the extent permitted under the Transaction Documents.

Responsibilities of the Originator. Anything herein to the contrary notwithstanding: (a) The Originator agrees to deliver transfer any Collections that it receives directly to the Servicer (for the Buyer's account), a Deposit Account within one Business Day after of receipt thereof, any CMSC Collections or CMF Collections that it receives, in the form so received, and agrees that all such CMSC Collections shall be segregated and CMF Collections will be deemed to be received held in trust for the Buyer Company and its assignees and will be maintained and segregated separate and apart from all other funds and moneys the Agent for the benefit of the Originator until delivery Secured Parties; PROVIDED that if the Company or the Servicer is required by SECTION 4.4 of such CMSC the Receivables Purchase Agreement to remit Collections and CMF Collections directly to the Servicer; andAgent for the benefit of the Secured Parties (or its designee) the Originator shall remit such Collections directly to the Agent for the benefit of the Secured Parties (or its designee) in the same manner as the Company and Servicer may be required to do so by Section 4.4 of the Receivables Purchase Agreement. The Originator further agrees not to deposit any funds other than Collections in a Deposit Account. (b) The Originator shall perform its obligations hereunder, and the exercise by the Company or its designee of its rights hereunder shall not relieve the Originator from such obligations. (c) None of the Company, Servicer (if other than the Originator), Purchasers, the Insurer or the Agent shall have any obligation or liability to any Obligor or any other third Person with respect to any Receivables, Contracts related thereto or any other related agreements, nor shall the Company, Servicer (if other than the Originator), Purchasers, the Insurer or the Agent be obligated to perform any of the obligations of the Originator thereunder. (d) The Originator hereby grants to Servicer (if other than the Buyer Originator) an irrevocable power of attorney, with full power of substitution, coupled with an interest, to take in the name of the Originator all steps necessary or advisable to endorseindorse, negotiate or otherwise realize on any writing or other right of any kind held or transmitted by the Originator or transmitted or received by the Buyer Company (whether or not from the Originator) in connection with any CMSC Purchased Asset (which power of attorney may be exercised by the Buyer's successors and assigns in accordance with Section 8.4 and Section 11.12(b))Receivable or Related Right. (c) The Originator shall perform all of its obligations hereunder and under the Pool Relocation Management Agreements and other Contracts related to the CMSC Purchased Assets to which it is a party (other than those obligations undertaken by the Buyer as provided in Section 7.4(b)) to the same extent as if such CMSC Purchased Assets had not been sold hereunder, and the exercise by the Buyer or its designee or assignee of the Buyer's rights hereunder or in connection herewith shall not relieve the Originator from any of its obligations under any such Pool Relocation Management Agreements or Contracts related to the CMSC Purchased Assets to which it is a party. Notwithstanding the foregoing, the Originator acknowledges that the Buyer or its designees are entitled to perform such obligations to the extent permitted under the Transaction Documents.

Responsibilities of the Originator. Anything herein to the contrary notwithstanding: (a) The Originator agrees to deliver transfer any Collections that it receives directly to the Servicer (for the Buyer's account), Collection Account within one Business Day after of receipt thereof, any CMSC Collections or CMF Collections that it receives, in the form so received, and agrees that all such CMSC Collections shall be segregated and CMF Collections will be deemed to be received held in trust for the Buyer Company and its assignees and will be maintained and segregated separate and apart from all other funds and moneys the Lender; PROVIDED that if the Company or the Servicer is required by Section 5.4 of the Originator until delivery of such CMSC Loan and Servicing Agreement to remit Collections and CMF Collections directly to the Servicer; andLender (or its designee) the Originator shall remit such Collections directly to the Lender (or its designee) in the same manner as the Company and Servicer may be required to do so by Section 5.4 of the Loan and Servicing Agreement. The Originator further agrees not to deposit any funds other than Collections in the Collection Account. (b) The Originator hereby grants shall perform its obligations hereunder, and the exercise by the Company or its designee of its rights hereunder shall not relieve the Originator from such obligations. (c) None of the Company, Servicer (if other than the Originator), or the Lender shall have any obligation or liability to the Buyer Obligor or any other third Person with respect to any Receivables or the Isuzu Loan Documents, nor shall the Company, Servicer (if other than the Originator), or the Lender be obligated to perform any of the obligations of the Originator thereunder. (d) The Originator agrees to deliver to the Servicer (if other than the Originator) an irrevocable power of attorney, with full power of substitution, coupled with an interest, to take in the name of the Originator all steps necessary or advisable to endorseindorse, negotiate or otherwise realize on any writing or other right of any kind held or transmitted by the Originator or transmitted or received by the Buyer Company (whether or not from the Originator) in connection with any CMSC Purchased Asset (which power of attorney may be exercised by the Buyer's successors and assigns in accordance with Section 8.4 and Section 11.12(b))Receivable or Related Right. (c) The Originator shall perform all of its obligations hereunder and under the Pool Relocation Management Agreements and other Contracts related to the CMSC Purchased Assets to which it is a party (other than those obligations undertaken by the Buyer as provided in Section 7.4(b)) to the same extent as if such CMSC Purchased Assets had not been sold hereunder, and the exercise by the Buyer or its designee or assignee of the Buyer's rights hereunder or in connection herewith shall not relieve the Originator from any of its obligations under any such Pool Relocation Management Agreements or Contracts related to the CMSC Purchased Assets to which it is a party. Notwithstanding the foregoing, the Originator acknowledges that the Buyer or its designees are entitled to perform such obligations to the extent permitted under the Transaction Documents.

Responsibilities of the Originator. Anything herein to the contrary notwithstanding: (a) The each Originator agrees to deliver directly to the Servicer (for the BuyerInitial Purchaser's account), within one two (2) Business Day after Days of receipt thereof, any CMSC Collections or CMF Collections that it receives, in the form so received, and agrees that all such CMSC Collections and CMF Collections will shall be deemed to be received in trust for the Buyer Initial Purchaser and its assignees and will shall be maintained and segregated separate and apart from all other funds and moneys of the such Originator until delivery of such CMSC Collections and CMF the Collections to the Servicer; (b) each Originator agrees to instruct (i) all Obligors to cause all Collections to be sent to a Lock-Box that is the subject of a Lock-Box Agreement and (ii) each Lock-Box Bank to deposit all such Collections directly into a Lock-Box Account that is the subject of a Lock-Box Agreement; and (b) The Originator hereby grants to the Buyer an irrevocable power of attorney, with full power of substitution, coupled with an interest, to take in the name of the Originator all steps necessary or advisable to endorse, negotiate or otherwise realize on any writing or other right of any kind held or transmitted by the Originator or transmitted or received by the Buyer (whether or not from the Originator) in connection with any CMSC Purchased Asset (which power of attorney may be exercised by the Buyer's successors and assigns in accordance with Section 8.4 and Section 11.12(b)). (c) The each Originator shall (i) perform all of its obligations hereunder and under the Pool Relocation Management Agreements and other Contracts related to the CMSC Purchased Assets to which it is a party Pool Receivables and Related Rights (other than those obligations undertaken by and under its agreements with the Buyer as provided in Section 7.4(b)Lock-Box Banks) to the same extent as if such CMSC Purchased Assets the Pool Receivables and Related Rights had not been sold hereunder, and the exercise by the Buyer Initial Purchaser or its designee or assignee of the BuyerInitial Purchaser's rights hereunder or in connection herewith shall not relieve the such Originator from such obligations and (ii) pay when due any taxes, including, without limitation, any sales taxes payable in connection with the Pool Receivables and their creation and satisfaction. Notwithstanding anything to the contrary in this Agreement, none of the Initial Purchaser, the Administrator or the Purchaser shall have any obligation or liability with respect to any Receivable or Related Rights nor shall any of its them be obligated to perform any of the obligations of any Originator under any such Pool Relocation Management Agreements or Contracts related to the CMSC Purchased Assets to which it is a party. Notwithstanding of the foregoing, the Originator acknowledges that the Buyer or its designees are entitled to perform such obligations to the extent permitted under the Transaction Documents.