Common use of Independent Clause in Contracts

Independent. When used with respect to any specified Person, the Person (i) is in fact independent of the Issuer, any other obligor on the Notes, the Seller, the Issuer, the Depositor and any Affiliate of any of the foregoing Persons, (ii) does not have any direct financial interest or any material indirect financial interest in the Issuer, any such other obligor, the Seller, the Issuer, the Depositor or any Affiliate of any of the foregoing Persons and (iii) is not connected with the Issuer, any such other obligor, the Seller, the Issuer, the Depositor or any Affiliate of any of the foregoing Persons as an officer, employee, promoter, underwriter, trustee, partner, director or person performing similar functions.

Appears in 19 contracts

Samples: Indenture (Ameriquest Mortgage Securities Inc), Indenture (Southern Pacific Secured Assets Corp), Servicing Agreement (Boardwalk Mortgage Securities Inc.)

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Independent. When used with respect to any specified Person, the Person (i) is in fact independent of the Issuer, any other obligor on the Notes, the Seller, the Issuer, the Depositor and any Affiliate of any of the foregoing Persons, (ii) does not have any direct financial interest or any material indirect financial interest in the Issuer, any such other obligor, the Seller, the Issuer, the Depositor or any Affiliate of any of the foregoing Persons and (iii) is not connected with the Issuer, any such other obligor, the Seller, the Issuer, the Depositor or any Affiliate of any of the foregoing Persons as an officer, employee, promoter, underwriter, trustee, partner, director or person performing similar functions.

Appears in 15 contracts

Samples: Indenture (Residential Funding Mortgage Securities Ii Inc), Indenture (Residential Funding Mortgage Securities Ii Inc), Indenture (Equity One Abs Inc)

Independent. When used with respect to any specified Person, the Person (i) is in fact independent of the Issuer, any other obligor on the Notes, the Seller, the Issuer, the Depositor and any Affiliate of any of the foregoing Persons, (ii) does not have any direct financial interest or any material indirect financial interest in the Issuer, any such other obligor, the Seller, the Issuer, the Depositor or any Affiliate of any of the foregoing Persons and (iii) is not connected with the Issuer, any such other obligor, the Seller, the Issuer, the Depositor or any Affiliate of any of the foregoing Persons as an officer, employee, promoter, underwriter, trustee, partner, director or person performing similar functions.

Appears in 13 contracts

Samples: Residential Funding Mortgage Securities Ii Inc, Original Trust Agreement (Residential Funding Mortgage Securities Ii Inc), Owner Trust Agreement (Residential Funding Mortgage Securities Ii Inc)

Independent. When used with respect to any specified Person, the Person (i) is in fact independent of the Issuer, any other obligor on the Notes, the SellerSellers, the Issuer, the Depositor and any Affiliate of any of the foregoing Persons, (ii) does not have any direct financial interest or any material indirect financial interest in the Issuer, any such other obligor, the SellerSellers, the Issuer, the Depositor or any Affiliate of any of the foregoing Persons and (iii) is not connected with the Issuer, any such other obligor, the Seller, the Issuer, the Depositor or any Affiliate of any of the foregoing Persons as an officer, employee, promoter, underwriter, trustee, partner, director or person performing similar functions.

Appears in 8 contracts

Samples: PHH Mortgage Capital LLC, Nomura Home Equity Loan, Inc., Deutsche Mortgage Securities Inc

Independent. When used with respect to any specified Person, that the Person (i) is in fact independent of the Issuer, any other obligor on upon the Notes, the Seller, the Issuer, the Depositor Seller and any Affiliate of any of the foregoing Persons, (ii) does not have any direct financial interest or any material indirect financial interest in the Issuer, any such other obligor, the Seller, the Issuer, the Depositor Seller or any Affiliate of any of the foregoing Persons and (iii) is not connected with the Issuer, any such other obligor, the Seller, the Issuer, the Depositor Seller or any Affiliate of any of the foregoing Persons as an officer, employee, promoter, underwriter, trustee, partner, director or person performing similar functions.

Appears in 8 contracts

Samples: Pooling Agreement (Navistar Financial Corp), Pooling Agreement (Navistar Financial Corp), Pooling Agreement (Navistar Financial Corp)

Independent. When used with respect to any specified Person, that the Person (i) is in fact independent of the IssuerIssuing Entity, any other obligor on upon the Notes, the Seller, the Issuer, the Depositor and any Affiliate of any of the foregoing Persons, (ii) does not have any direct financial interest or any material indirect financial interest in the IssuerIssuing Entity, any such other obligor, the Seller, the Issuer, the Depositor or any Affiliate of any of the foregoing Persons and (iii) is not connected with the IssuerIssuing Entity, any such other obligor, the Seller, the Issuer, the Depositor or any Affiliate of any of the foregoing Persons as an officer, employee, promoter, underwriter, trustee, partner, director or person performing similar functions.

Appears in 7 contracts

Samples: Trust Sale and Servicing Agreement (Capital Auto Receivables Asset Trust 2007-2), Trust Sale and Servicing Agreement (Capital Auto Receivables LLC), Trust Sale and Servicing Agreement (Capital Auto Receivables LLC)

Independent. When used with respect to any specified Person, the such Person (i) is in fact independent of the Issuer, any other obligor on the Notes, the Seller, the Issuer, the Depositor and any Affiliate of any of the foregoing Persons, (ii) does not have any direct financial interest or any material indirect financial interest in the Issuer, any such other obligor, the Seller, the Issuer, the Depositor or any Affiliate of any of the foregoing Persons and (iii) is not connected with the Issuer, any such other obligor, the Seller, the Issuer, the Depositor or any Affiliate of any of the foregoing Persons as an officer, employee, promoter, underwriter, trustee, partner, director or person performing similar functions.

Appears in 3 contracts

Samples: Wachovia Asset (Wachovia Asset Securitization Inc 2002 He2 Trust), Phoenix Residential Securities, LLC, Phoenix Residential Securities, LLC

Independent. When used with respect to any specified Person, the such Person (i) is in fact independent of the Issuer, any other obligor on the Notes, the Seller, the IssuerSellers, the Depositor and any Affiliate of any of the foregoing Persons, (ii) does not have any direct financial interest or any material indirect financial interest in the Issuer, any such other obligor, the Seller, the IssuerSellers, the Depositor or any Affiliate of any of the foregoing Persons and (iii) is not connected with the Issuer, any such other obligor, the Seller, the IssuerSellers, the Depositor or any Affiliate of any of the foregoing Persons as an officer, employee, promoter, underwriter, trustee, partner, director or person performing similar functions.

Appears in 3 contracts

Samples: Residential Asset Mortgage Products Inc, Gmacm Home Equity Loan Trust 2005-He1, GMACM Home Equity Loan Trust 2004-He4

Independent. When used with respect to any specified Person, the Person (i) is in fact independent of the Issuer, any other obligor on the Notes, the Seller, the Issuer, the Depositor and any Affiliate of any of the foregoing Persons, (ii) does not have any direct financial interest or any material indirect financial interest in the Issuer, any such other obligor, the Seller, the Issuer, the Depositor or any Affiliate of any of the foregoing Persons and (iii) is not connected with the Issuer, any such other obligor, the Seller, the Issuer, the Depositor or any Affiliate of any of the foregoing Persons as an officer, employee, promoter, underwriter, trustee, partner, director or person performing similar functions.. Appendix A-26

Appears in 2 contracts

Samples: Irwin Whole Loan Home Equity Trust 2005-C, Irwin Whole Loan Home Equity Trust 2005-B

Independent. When used with respect to any specified Person, that the Person (i) is in fact independent of the Issuer, any other obligor on upon the Notes, the SellerTransferor, the Issuer, the Depositor ALS and any Affiliate of any of the foregoing Persons, (ii) does not have any direct financial interest or any material indirect financial interest in the Issuer, any such other obligor, the SellerTransferor, the Issuer, the Depositor ALS or any Affiliate of any of the foregoing Persons and (iii) is not connected with the Issuer, any such other obligor, the SellerTransferor, the Issuer, the Depositor ALS or any Affiliate of any of the foregoing Persons as an officer, employee, promoter, underwriter, trustee, partner, director or person performing similar functions.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Alliance Laundry Systems LLC)

Independent. When used with respect to any specified Person, the Person ----------- (i) is in fact independent of the Issuer, any other obligor on the Notes, the Seller, the Issuer, the Depositor and any Affiliate of any of the foregoing Persons, (ii) does not have any direct financial interest or any material indirect financial xxxxx- cial interest in the Issuer, any such other obligor, the Seller, the Issuer, the Depositor Deposi- tor or any Affiliate of any of the foregoing Persons and (iii) is not connected with the Issuer, any such other obligor, the Seller, the Issuer, the Depositor or any Affiliate of any of the foregoing Persons as an officer, employee, promoter, underwriter, trustee, partner, director or person performing similar functions.

Appears in 1 contract

Samples: Administration Agreement (Merrill Lynch Mortgage Investors Inc)

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Independent. When used with respect to any specified Person, that the Person (ia) is in fact independent of the Issuer, any other obligor on upon the Notes, the Seller, the Issuer, the Depositor Seller and any Affiliate of any of the foregoing Persons, (iia) does not have any direct financial interest or any material indirect financial interest in the Issuer, any such other obligor, the Seller, the Issuer, the Depositor Seller or any Affiliate of any of the foregoing Persons Persons, and (iiic) is not connected with the Issuer, any such other obligor, the Seller, the Issuer, the Depositor Seller or any Affiliate of any of the foregoing Persons as an officer, employee, promoter, underwriter, trustee, partner, director or person performing similar functions.

Appears in 1 contract

Samples: Pooling Agreement (Navistar Financial Corp)

Independent. When used with respect to any specified Person, the Person (i) is in fact independent of the Issuer, any other obligor on the NotesBonds, the Seller, the Issuer, the Depositor and any Affiliate of any of the foregoing Persons, (ii) does not have any direct financial interest or any material indirect financial interest in the Issuer, any such other obligor, the Seller, the Issuer, the Depositor or any Affiliate of any of the foregoing Persons and (iii) is not connected with the Issuer, any such other obligor, the Seller, the Issuer, the Depositor or any Affiliate of any of the foregoing Persons as an officer, employee, promoter, underwriter, trustee, partner, director or person performing similar functions.

Appears in 1 contract

Samples: Homepride Mortgage Finance Corp

Independent. When used with respect to any specified Person, the ----------- Person (i) is in fact independent of the Issuer, any other obligor on the Notes, the Seller, the Issuer, the Depositor and any Affiliate of any of the foregoing Persons, (ii) does not have any direct financial interest or any material indirect financial interest in the Issuer, any such other obligor, the Seller, the Issuer, the Depositor or any Affiliate of any of the foregoing Persons and (iii) is not connected with the Issuer, any such other obligor, the Seller, the Issuer, the Depositor or any Affiliate of any of the foregoing Persons as an officer, employee, promoter, underwriter, trustee, partner, director or person performing similar functions.

Appears in 1 contract

Samples: Master Servicing Agreement (Indymac Abs Inc)

Independent. When used with respect to any specified Person, the Person (i) is in fact independent of the Issuer, any other obligor on the Notes, the Seller, the IssuerServicer, the Depositor and any Affiliate of any of the foregoing Persons, (ii) does not have any direct financial interest or any material indirect financial interest in the Issuer, any such other obligor, the Seller, the IssuerServicer, the Depositor or any Affiliate of any of the foregoing Persons and (iii) is not connected with the Issuer, any such other obligor, the Seller, the IssuerServicer, the Depositor or any Affiliate of any of the foregoing Persons as an officer, employee, promoter, underwriter, trustee, partner, director or person performing similar functions.

Appears in 1 contract

Samples: Indenture (GSR Trust 2005-Hel1)

Independent. When used with respect to any specified Person, the Person (i) is in fact independent of the Issuer, any other obligor on the Notes, the Seller, the Issuer, the Depositor and any Affiliate of any of the foregoing Persons, (ii) does not have any direct financial interest or any material indirect financial interest in the Issuer, any such other obligor, the Seller, the Issuer, the Depositor or any Affiliate of any of the foregoing Persons and (iii) is not connected with the Issuer, any such other obligor, the Seller, the Issuer, the Depositor or any Affiliate of any of the foregoing Persons as an officer, employee, promoter, underwriter, trustee, partner, director or person performing similar functions.

Appears in 1 contract

Samples: Indenture (CSFB Acceptance Corp Home Equity Loan Back Notes Ser 2003-A)

Independent. When used with respect to any specified Person, the ----------- Person (i) is in fact independent of the Issuer, any other obligor on the Notes, the Seller, the Issuer, the Depositor and any Affiliate of any of the foregoing Persons, (ii) does not have any direct financial interest or any material indirect financial interest in the Issuer, any such other obligor, the Seller, the Issuer, the Depositor Issuer or any Affiliate of any of the foregoing Persons and (iii) is not connected with the Issuer, any such other obligor, the Seller, the Issuer, the Depositor Issuer or any Affiliate of any of the foregoing Persons as an officer, employee, promoter, underwriter, trustee, partner, director or person performing similar functions.

Appears in 1 contract

Samples: Servicing Agreement (Greenpoint Credit LLC)

Independent. When used with respect to any specified Person, that the Person (ia) is in fact independent of the IssuerIssuing Entity, any other obligor on upon the Notes, the Seller, the Issuer, the Depositor and any Affiliate of any of the foregoing Persons, (iib) does not have any direct financial interest or any material indirect financial interest in the IssuerIssuing Entity, any such other obligor, the Seller, the Issuer, the Depositor or any Affiliate of any of the foregoing Persons and (iiic) is not connected with the IssuerIssuing Entity, any such other obligor, the Seller, the Issuer, the Depositor or any Affiliate of any of the foregoing Persons as an officer, employee, promoter, underwriter, trustee, partner, director or person performing similar functions.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Superior Wholesale Inventory Financing Trust 2007-Ae-1)

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