Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transaction. It is also capable of assuming, and assumes, the risks of that Transaction.
Appears in 433 contracts
Samples: Master Agreement (Nissan Auto Receivables Corp Ii), 2002 Master Agreement (LKQ Corp), Facility Agreement (Blackstone Private Credit Fund)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that the Transaction. It is also capable of assuming, and assumes, the risks of that the Transaction.
Appears in 81 contracts
Samples: Merger Agreement (Aesther Healthcare Acquisition Corp.), Merger Agreement (Aesther Healthcare Acquisition Corp.), Master Agreement (Continental Airlines Inc /De/)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transaction. It is also capable of assuming, and assumes, the financial and other risks of that Transaction.
Appears in 55 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transaction. It is also capable of assuming, and assumes, assumes the risks of that Transaction.
Appears in 48 contracts
Samples: Letter Agreement (Washington Mutual Mortgage Pass-Through Certificates, WMALT Series 2006-2), Master Agreement (J.P. Morgan Alternative Loan Trust 2006-A6), Master Agreement (Jpmac 2007-Ch2)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that this Transaction. It is also capable of assuming, and assumes, the risks of that this Transaction.
Appears in 47 contracts
Samples: Letter Agreement, Letter Agreement, Letter Agreement
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transactionthis Agreement. It is also capable of assuming, and assumes, the risks of that Transactionthis Agreement.
Appears in 33 contracts
Samples: Master Agreement (Capital One Master Trust), Master Agreement (BA Credit Card Trust), Pooling and Servicing Agreement (Capital One Master Trust)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, accepts the terms, terms and conditions and risks of that Transaction. It is also capable of assuming, and assumes, the risks of that Transaction.
Appears in 26 contracts
Samples: Master Swap Agreement, Isda Master Agreement (MacroShares Housing Depositor, LLC), Isda Master Agreement (Criimi Mae Inc)
Assessment and Understanding. It is capable of assessing the merits of and evaluating and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transaction. It is also capable of assuming, and assumes, the financial and other risks of that Transaction.
Appears in 18 contracts
Samples: Isda Master Agreement (Orion Futures Fund Lp), Isda Master Agreement (Managed Futures Premier Abingdon L.P.), Isda Master Agreement (Diversified 2000 Futures Fund L.P.)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, accepts the terms, conditions and risks of that Transaction. It is also capable of assuming, and assumes, the risks of that Transaction.
Appears in 17 contracts
Samples: Master Agreement (Hub International LTD), Disclosure Agreement (Goal Capital Funding, LLC), Master Agreement (Ministry Partners Investment Corp)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transactionthe Agreement. It is also capable of assuming, and assumes, the risks of that Transactionthe Agreement.
Appears in 11 contracts
Samples: Toyota Motor Credit Corp, Toyota Motor Credit Corp, Toyota Motor Credit Corp
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), ) and understands and accepts, accepts the terms, conditions and risks of that Transaction. It is also capable of assuming, and assumes, the risks of that Transaction.
Appears in 11 contracts
Samples: Isda Master Agreement, Isda Master Agreement, Isda Master Agreement
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that this Agreement and the Sole Transaction. It is also capable of assuming, and assumes, the risks of that the Sole Transaction.
Appears in 10 contracts
Samples: Isda Master Agreement (Keycorp Student Loan Trust 2003-A), Interest Rate Cap Agreement (Keycorp Student Loan Trust 2000-A), Interest Rate Swap Agreement (Keycorp Student Loan Trust 2000-A)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transactionthis Agreement. It is also capable of assuming, and assumes, the risks of that Transaction.this Agreement. (iii)
Appears in 8 contracts
Samples: Master Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii), Master Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii), Master Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that the Transaction. It is also capable of assuming, and assumes, the risks of that the Transaction.
Appears in 6 contracts
Samples: Master Agreement (Jetblue Airways Corp), Master Agreement (Jetblue Airways Corp), Master Agreement (Jetblue Airways Corp)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transaction. It is also capable of assuming, assuming and assumes, the risks of that Transaction.
Appears in 6 contracts
Samples: 2002 Master Agreement, Master Agreement (Corporate Capital Trust, Inc.), 1992 Master Agreement
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transaction. It is also capable of assuming, and assumes, the risks of that Transaction.
Appears in 5 contracts
Samples: www.fpml.org, www.fpml.org, www.fpml.org
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that this Transaction. It is also capable of assuming, and assumes, assumes the risks of that this Transaction.
Appears in 4 contracts
Samples: Crusade Global Trust No. 1 of 2007, Crusade Global Trust No. 1 of 2007, Crusade Global Trust No. 2 of 2006
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, accepts the terms, terms and conditions and risks of that this Transaction. It is also capable of assuming, and assumes, the risks of that the Transaction.
Appears in 4 contracts
Samples: Letter Agreement, Letter Agreement, www.cms.net.cn
Assessment and Understanding. It is capable of assessing the merits of evaluating and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transactionthis Agreement and each Transaction hereunder. It is also capable of assuming, and assumes, the all financial and other risks of that Transaction.this Agreement and each Transaction hereunder, and
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2005-He2), Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust, Series 2005-Ff7), Pooling and Servicing Agreement (Mastr Asset Backed Securities Trust 2006-Nc1, Mortgage Pass-Through Certificates, Series 2006-Nc1)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, accepts the terms, conditions and risks of that this Transaction. It is also capable of assuming, and assumes, the risks of that this Transaction.
Appears in 4 contracts
Samples: Transaction Agreement (Standard Parking Corp), Rate Cap Transaction Agreement (Patient Safety Technologies, Inc), Transaction Agreement (Standard Parking Corp)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transaction. It is also capable of assuming, and assumes, the risks of that Transaction., and
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Nomura Asset Acceptance Corporation, Alternative Loan Trust, Series 2006-Wf1), Pooling and Servicing Agreement (Nomura Home Equity Loan, Inc., Home Equity Loan Trust, Series 2006-Af1), Pooling and Servicing Agreement (Nomura Asset Acceptance Corporation, Alternative Loan Trust, Series 2006-Wf1)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transaction. It is also capable of assuming, and assumes, the risks of that Transaction.. (3)
Appears in 3 contracts
Samples: 2002 Master Agreement (Verizon Master Trust), 2002 Master Agreement (Verizon Owner Trust 2020-A), 2002 Master Agreement (Verizon Owner Trust 2019-B)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transaction. It is also capable of assuming, and assumes, the risks of that Transaction.; and
Appears in 2 contracts
Samples: Credit Agreement (Sunpower Corp), Arcos Dorados Holdings Inc.
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, accepts the terms, terms and conditions and risks of that this Agreement, any Credit Support Document and each Transaction. It is also capable of assuming, and assumes, the risks of that this Agreement, any Credit Support Document and each Transaction.
Appears in 2 contracts
Samples: Master Agreement, Isda Master Agreement
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transaction. It is also capable of assuming, and and, assumes, the risks of that Transaction.
Appears in 2 contracts
Samples: Big Brown Intercreditor Agreement (Txu Corp /Tx/), Letter Agreement (Txu Corp /Tx/)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, accepts the terms, conditions and risks of that Transactionthis Agreement and each Transaction hereunder. It is also capable of assuming, and assumes, the risks of that Transactionthis Agreement and each Transaction hereunder.β
Appears in 2 contracts
Samples: Isda Master Agreement (Barnes Group Inc), Master Agreement (American Reprographics CO)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, accepting the terms, conditions and risks of that the Transaction. It is also capable of assuming, and assumes, the financial and other risks of that the Transaction.
Appears in 2 contracts
Samples: ise-prodnr-eu-west-1-data-integration.s3-eu-west-1.amazonaws.com, ise-prodnr-eu-west-1-data-integration.s3-eu-west-1.amazonaws.com
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transaction. It is also capable of assuming, and assumes, the financial and other risks of that Transaction.. 38
Appears in 2 contracts
Samples: Master Agreement (Granite Finance Trustees LTD), Master Agreement (Granite Finance Trustees LTD)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and indeed it understands and accepts, accepts the terms, conditions and risks of that TransactionDerivatives Transactions. It is also capable of assuming, and assumes, β as indeed it does - the risks of that Derivatives Transaction.;
Appears in 2 contracts
Samples: Master Derivatives Agreement (Cosan S.A.), Master Derivatives Agreement (Cosan S.A.)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transaction. It is also capable of assuming, assuming and assumes, the risks risk of that Transaction.
Appears in 2 contracts
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transaction, including the potential incurrence of breakage costs in the event of a voluntary early termination of that Transaction. It is also capable of assuming, and assumes, the financial and other risks of that Transaction.
Appears in 2 contracts
Samples: Master Agreement (Cinedigm Digital Cinema Corp.), Master Agreement (Access Integrated Technologies Inc)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transaction. It is also capable of assuming, and assumes, the risks of that Transaction.. (iii)
Appears in 1 contract
Samples: Air T Inc
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that this Transaction. It is also capable of assuming, and assumes, the financial and other risks of that this Transaction.
Appears in 1 contract
Samples: Forward Rate Agreement
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, EXECUTION VERSION conditions and risks of that Transaction. It is also capable of assuming, and assumes, the financial and other risks of that Transaction.
Appears in 1 contract
Samples: Master Agreement
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transaction. this Transaction It is also capable of assuming, and assumesassumed, the risks of that this Transaction.
Appears in 1 contract
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transaction. It is also capable of assuming, and assumes, the risks of that Transaction.
Appears in 1 contract
Samples: FS Investment Corp II
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of this Agreement and each Transaction based solely upon its own evaluation of this Agreement and each Transaction (including the present and future results, consequences, risks, and benefits thereof, whether financial, accounting, tax, legal, or otherwise) or that Transactionof its own advisers. It is also capable of assuming, and assumes, the risks of that this Agreement and each Transaction.
Appears in 1 contract
Samples: Master Agreement (Energy Future Holdings Corp /TX/)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Buy/Sell Transaction. It is also capable of assuming, and assumes, the risks of that Buy/Sell Transaction.
Appears in 1 contract
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that this Transaction. It is also capable of assuming, and assumes, the risks of that this Transaction.
Appears in 1 contract
Samples: Novation Agreement (NovaStar Certificates Financing CORP)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through though independent professional advice), and understands and accepts, the terms, conditions and risks of that Transaction. It is also capable of assuming, and assumes, the risks of that Transaction.
Appears in 1 contract
Samples: Ashford Hospitality Trust Inc
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, accepts the terms, terms and conditions and risks of that such Transaction. It is also capable of assuming, and assumes, the risks of that the Transaction.
Appears in 1 contract
Samples: Master Agreement
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that the Transaction. It is also capable of assuming, and assumes, the risks of that the Transaction.;
Appears in 1 contract
Samples: Loan and Security Agreement (Bloomin' Brands, Inc.)
Assessment and Understanding. It is capable of to assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that this Transaction. It is also capable of assuming, and assumes, the risks of that this Transaction.
Appears in 1 contract
Samples: Franklin Credit Management Corp/De/
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that this Transaction. It is also capable of assuming, and assumes, the risks of that this Transaction.
Appears in 1 contract
Samples: Assignment Agreement (CWHEQ Home Equity Loan Trust, Series 2006-S9)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transaction. It is also capable of assuming, and assumes, assumes the risks of that Transaction.
Appears in 1 contract
Samples: Loan Agreement (Tiffany & Co)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and advice),and understands and accepts, ,the terms, conditions and risks of that Transactionthis Agreement. It is also capable of assuming, and assumes, the risks of that Transactionthis Agreement.
Appears in 1 contract
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, terms conditions and risks of that this Transaction. It is also capable of assuming, and assumes, the risks of that this Transaction.
Appears in 1 contract
Samples: Corporate Office Properties Trust
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transaction. It is also capable of assuming, and assumes, the financial and other risks of that Transaction.
Appears in 1 contract
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its it own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that this Transaction. It is also capable of assuming, and assumes, the risks of that this Transaction.
Appears in 1 contract
Samples: Novation Agreement (NovaStar Mortgage Funding Trust, Series 2005-1)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transaction. It is also capable of assuming, and and, assumes, the risks of that Transaction. .
Appears in 1 contract
Samples: Assignment Agreement (Txu Corp /Tx/)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, accepts the terms, terms and conditions and risks of that Transaction. It is also capable of assuming, and assumes, the risks of that Transaction.
Appears in 1 contract
Samples: Master Agreement (Mr. Mango LLC)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional adviceadvise), and understands and accepts, the terms, conditions and risks of that this Transaction. It is also capable of assuming, assuming and assumes, assumes the risks risk of that this Transaction.
Appears in 1 contract
Samples: Allied Nevada Gold Corp.
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transaction. It is also capable of assuming, and assumes, the risks of that Transaction.
Appears in 1 contract
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that the Transaction. It is also capable of assuming, and assumes, the risks of that the Transaction.. c.
Appears in 1 contract
Samples: PROOF Acquisition Corp I
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, accepts the terms, terms and conditions and risks of that Transactionthe Assigned Transactions. It is also capable of assuming, and assumes, the risks of that Transactionthe Assigned Transactions.
Appears in 1 contract
Samples: Consent and Assignment Agreement (Golden State Water CO)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, accepts the terms, conditions and risks of that Transactionthis Agreement and each Transaction hereunder. It is also capable of assuming, and assumes, the risks of that Transactionthis Agreement and each Transaction hereunder."
Appears in 1 contract
Samples: Master Agreement (Dune Energy Inc)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of associated with that Transaction. It is also capable of assuming, and assumes, the risks of that Transaction.
Appears in 1 contract
Samples: Master Repurchase Agreement (FS Credit Real Estate Income Trust, Inc.)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, accepts the terms, conditions and risks of that Transaction. It is also capable of assuming, and assumes, the financial and other risks of that Transaction.
Appears in 1 contract
Samples: www.transisrael.co.il
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or of through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transaction. It is also capable of assuming, and assumes, the risks of that Transaction.
Appears in 1 contract
Samples: Agreement (Barnes Group Inc)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transaction. It is also capable of assuming, and assumes, the risks of that Transaction. Notwithstanding the foregoing, the parties understand that the Trustee has been directed to enter into that Transaction.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Charming Shoppes Inc)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transaction. Transaction It is also capable of assuming, and assumes, the risks of that Transaction.
Appears in 1 contract
Samples: Letter Agreement (Banco Santander Central Hispano Sa)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transactionthis Agreement and the Assignment Agreements. It is also capable of assuming, and assumes, the risks of that Transactionthis Agreement and the Assignment Agreements.
Appears in 1 contract
Samples: Letter Agreement
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transaction. It is also capable of assuming, and assumes, assumes the risks of that Transaction.
Appears in 1 contract
Samples: Cheesecake Factory Inc
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of this Agreement and each Transaction based solely upon its own evaluation of this Agreement and each Transaction (including the present and future results, consequences, risks, and benefits thereof, whether financial, accounting, tax, legal, or otherwise) or that Transactionof its own advisers. It is also capable of assuming, and assumes, the risks of that this Agreement each Transaction.
Appears in 1 contract
Samples: Master Agreement (Energy Future Holdings Corp /TX/)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transaction. It is also capable of assuming, assuming and assumes, assumes the risks of that Transaction.
Appears in 1 contract
Samples: Waddell & Reed Financial Inc
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that this Transaction. It is also capable of assuming, and assumes, the tile risks of that this Transaction.,
Appears in 1 contract
