Common use of Sub-Servicing Clause in Contracts

Sub-Servicing. The Servicer may enter into one or more subservicing agreements with a subservicer so long as any such subservicer must be acceptable to the Buyer. References herein to actions taken or to be taken by the Servicer in servicing the Timeshare Loans include actions taken or to be taken by a subservicer on behalf of the Servicer. Any subservicing agreement will be upon such terms and conditions as the Servicer may reasonably agree and as are not inconsistent with this Agreement. The Servicer will be responsible for compliance with the Fair Debt Collection Practices Act and any other applicable laws, rules or regulations by any entity to which the Servicer delegates its duties. The Servicer shall be solely responsible for any subservicing fees. Notwithstanding any subservicing agreement, the Servicer (and the Successor Servicer if it is acting as such pursuant to Section 10(p) hereof) shall remain obligated and liable for the servicing and administering of the Timeshare Loans in accordance with this Agreement without diminution of such obligation or liability by virtue of such subservicing agreement and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Timeshare Loans.

Appears in 3 contracts

Sources: Loan Sale and Servicing Agreement (Diamond Resorts Corp), Loan Sale and Servicing Agreement (Diamond Resorts Parent, LLC), Loan Sale and Servicing Agreement (Diamond Resorts Parent, LLC)

Sub-Servicing. (a) The Servicer may enter into one or more subservicing agreements with a subservicer so long as any such subservicer must be is reasonably acceptable to the BuyerAdministrative Agent. References herein to actions taken or to be taken by the Servicer in servicing the Timeshare Loans include actions taken or to be taken by a subservicer on behalf of the Servicer. Any subservicing agreement will be upon such terms and conditions as the Servicer may reasonably agree and as are not inconsistent with this AgreementIndenture. The Servicer will be responsible for compliance with the Fair Debt Collection Practices Act and any other applicable laws, rules or regulations by any entity to which the Servicer delegates its duties. The Servicer shall be solely responsible for any subservicing fees. . (b) Notwithstanding any subservicing agreement, the Servicer (and the Successor Servicer if it is acting as such pursuant to Section 10(p) 5.16 hereof) shall remain obligated and liable for the servicing and administering of the Timeshare Loans in accordance with this Agreement Indenture without diminution of such obligation or liability by virtue of such subservicing agreement and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Timeshare Loans.

Appears in 3 contracts

Sources: Indenture (Diamond Resorts International, Inc.), Indenture (Diamond Resorts Corp), Indenture (Diamond Resorts Corp)

Sub-Servicing. (a) The Servicer may enter into one or more subservicing agreements with a subservicer so long as any such subservicer must be reasonably acceptable to the BuyerAgent. References herein to actions taken or to be taken by the Servicer in servicing the Timeshare Loans include actions taken or to be taken by a subservicer on behalf of the Servicer. Any subservicing agreement will be upon such terms and conditions as the Servicer may reasonably agree and as are not inconsistent with this AgreementIndenture. The Servicer will be responsible for compliance with the Fair Debt Collection Practices Act and any other applicable laws, rules or regulations by any entity to which the Servicer delegates its duties. The Servicer shall be solely responsible for any subservicing fees. . (b) Notwithstanding any subservicing agreement, the Servicer (and the Successor Servicer if it is acting as such pursuant to Section 10(p) 5.16 hereof) shall remain obligated and liable for the servicing and administering of the Timeshare Loans in accordance with this Agreement Indenture without diminution of such obligation or liability by virtue of such subservicing agreement and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Timeshare Loans.

Appears in 1 contract

Sources: Indenture (Diamond Resorts Parent, LLC)

Sub-Servicing. (a) The Servicer may enter into one or more subservicing agreements with a subservicer so long as provided (i) any such subservicer must be subservicing agreement is reasonably acceptable to Holders representing at least 51% of the Buyerthen Outstanding Note Balance and (ii) the Rating Agency is given prior written notice of any such subservicing agreement. References herein to actions taken or to be taken by the Servicer in servicing the Timeshare Loans include actions taken or to be taken by a subservicer on behalf of the Servicer. Any subservicing agreement will be upon such terms and conditions as the Servicer may reasonably agree and as are not inconsistent with this Agreement. The Servicer will be responsible for compliance with the Fair Debt Collection Practices Act and any other applicable laws, rules or regulations by any entity to which the Servicer delegates its dutiesIndenture. The Servicer shall be solely responsible for any subservicing fees. . (b) Notwithstanding any subservicing agreement, the Servicer (and the Successor Servicer if it is acting as such pursuant to Section 10(p) 5.16 hereof) shall remain obligated and liable for the servicing and administering of the Timeshare Loans in accordance with this Agreement Indenture without diminution of such obligation or liability by virtue of such subservicing agreement and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Timeshare Loans.

Appears in 1 contract

Sources: Indenture (Diamond Resorts Corp)