Common use of Eligible Contract Participant Clause in Contracts

Eligible Contract Participant. (a) It is an “eligible contract participant” as defined in the Commodity Exchange Act, as amended by the Commodity Futures Modernization Act of 2000, (b) this Agreement and each Transaction is subject to individual negotiation by each party and (c) neither this Agreement nor any Transaction will be executed or traded on a “trading facility” within the meaning of Section 1a(33) of the Commodity Exchange Act, as amended.

Appears in 6 contracts

Samples: Master Agreement (PHH Corp), Master Agreement (PHH Corp), Master Agreement (PHH Corp)

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Eligible Contract Participant. (aA) It is an “eligible contract participant” as defined in within the meaning of Section 1a(12) of the Commodity Exchange Act, as amended by the Commodity Futures Modernization Act of 2000, amended; (bB) this Agreement and each Transaction is subject to individual negotiation by each party such party; and (cC) neither this Agreement nor any Transaction will be executed or traded on a “trading facility” within the meaning of Section 1a(33) of the Commodity Exchange Act, as amended.

Appears in 5 contracts

Samples: Pooling Agreement (Citicorp Mortgage Securities Inc), Pooling Agreement (Citicorp Mortgage Securities Inc), Pooling Agreement (Citicorp Mortgage Securities Inc)

Eligible Contract Participant. (a) It is an “eligible contract participant” as that term is defined in Section 1a(12) of the Commodity Exchange Act, as amended by the Commodity Futures Modernization Act of 2000, (b) and it has entered into this Agreement and each it is entering into the Transaction is subject to individual negotiation by each party in connection with its line of business (including financial intermediation services) or the financing of its business; and (c) neither the material terms of this Agreement nor any and the Transaction will be executed or traded on a “trading facility” within the meaning of Section 1a(33) of the Commodity Exchange Act, as amendedhave been individually tailored and negotiated.

Appears in 4 contracts

Samples: Master Agreement (Capital Auto Receivables Asset Trust 2007-1), The Isda Master Agreement (Capital Auto Receivables LLC), The Isda Master Agreement (Capital Auto Receivables LLC)

Eligible Contract Participant. (a) It is an “eligible contract participant” as defined in within the meaning of Section 1a of the Commodity Exchange Act, as amended by (the Commodity Futures Modernization Act of 2000“CEA”), (b) this Agreement and each Transaction is are subject to individual negotiation by each party party, and (c) neither this Agreement nor any Transaction will be executed or traded on a “trading facility” within the meaning of Section 1a(33) 1a of the Commodity Exchange Act, as amendedCEA.

Appears in 3 contracts

Samples: Account Control Agreement (FS Investment Corp III), Master Agreement (FS Investment Corp III), Master Agreement (NewStar Financial, Inc.)

Eligible Contract Participant. (a) It is an "eligible contract participant" as defined in the Commodity Exchange Act, as amended by the Commodity Futures Modernization Act of 2000, (b) this the Agreement and each Transaction is subject to individual negotiation by each party Party and (c) neither this the Agreement nor any Transaction will be executed or traded on a "trading facility" within the meaning of Section 1a(33la(33) of the Commodity Exchange Act, as amended.

Appears in 1 contract

Samples: Assignment and Recognition Agreement (Natixis Real Estate Capital Trust 2007-He2)

Eligible Contract Participant. (a) It is an "eligible contract participant", as defined in the U.S. Commodity Exchange ActAct (as amended), it is entering into each Transaction hereunder as amended by principal and not for the Commodity Futures Modernization Act benefit of 2000any third party, (b) this Agreement and each Transaction is has been subject to individual negotiation by each party the parties and (c) neither this Agreement nor any Transaction will be has not been executed or traded on a "trading facility” within " as defined in the meaning of Section 1a(33) of the U.S. Commodity Exchange Act, Act (as amended.);

Appears in 1 contract

Samples: Cit Group Inc

Eligible Contract Participant. (ai) It is an “eligible contract participant” as defined in within the meaning of Section 1a(12) of the Commodity Exchange Act, as amended by the Commodity Futures Modernization Act of 2000, amended; (bii) this Agreement and each Transaction is subject to individual negotiation by each party party; and (c) neither this Agreement nor any Transaction will be executed or traded on a “trading facility” within the meaning of Section 1a(33la(33) of the Commodity Exchange Act, as amended.

Appears in 1 contract

Samples: Master Agreement (General Maritime Corp / MI)

Eligible Contract Participant. (a) It is an "eligible contract participant” as defined in " within the meaning of Section 1(a)(12) of the Commodity Exchange Act, as amended by (the Commodity Futures Modernization Act of 2000"CEA"), (b) this Agreement and each Transaction is are subject to individual negotiation by each party party, and (c) neither this Agreement nor any Transaction will be executed or traded on a "trading facility" within the meaning of Section 1a(33) of the Commodity Exchange Act, as amendedCEA.

Appears in 1 contract

Samples: Master Agreement (Parallel Petroleum Corp)

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Eligible Contract Participant. (a) It is an "eligible contract participant" as that term is defined in Section 1a(12) of the Commodity Exchange Act, as amended by the Commodity Futures Modernization Act of 2000, (b) and it has entered into this Agreement and each it is entering into the Transaction is subject to individual negotiation by each party in connection with its line of business (including financial intermediation services) or the financing of its business; and (c) neither the material terms of this Agreement nor any and the Transaction will be executed or traded on a “trading facility” within the meaning of Section 1a(33) of the Commodity Exchange Act, as amended.have been individually tailored and negotiated. (h)

Appears in 1 contract

Samples: The Master Agreement (Capital Auto Receivables Inc)

Eligible Contract Participant. (a) It is an “eligible contract participant” as defined in within the meaning of Section 1a(12) of the Commodity Exchange Act, as amended by (the Commodity Futures Modernization Act of 2000“CEA”), (b) this Agreement and each Transaction is are subject to individual negotiation by each party party, and (c) neither this Agreement nor any Transaction will be executed or traded on a “trading facility” within the meaning of Section 1a(33) of the Commodity Exchange Act, as amendedCEA.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2006-He1)

Eligible Contract Participant. (a) It is an “eligible contract participant” as defined in within the meaning of Section 1a(12) of the Commodity Exchange Act, as amended by (the Commodity Futures Modernization Act of 2000“CEA”), (b) this Agreement and each Transaction is subject to individual negotiation by each party party, and (c) neither this Agreement nor any Transaction will not be executed or traded on a “trading facility” within the meaning of Section 1a(33) of the Commodity Exchange Act, as amendedCEA.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2006-Nc1)

Eligible Contract Participant. (a) It is an “eligible contract participant” as defined in the Commodity Exchange Act, as amended by the Commodity Futures Modernization Act of 2000, (b) this the Agreement and each Transaction is subject to individual negotiation by each party and (c) neither this Agreement nor any Transaction will be executed or traded on a “trading facility” within the meaning of Section 1a(33) of the Commodity Exchange Act, as amended.

Appears in 1 contract

Samples: Master Agreement (Honda Auto Receivables 2008-2 Owner Trust)

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