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 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 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 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

Sources: Indenture (Residential Funding Mortgage Securities Ii Inc), Indenture (Morgan Stanley Abs Capital I Inc), Indenture (Beneficial Mortgage Services 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

Sources: Indenture (Residential Funding Mortgage Securities Ii Inc), Indenture (Residential Funding Mortgage Securities Ii Inc), Indenture (Residential Funding Mortgage Securities Ii 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 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 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 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 7 contracts

Sources: 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 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 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 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

Sources: Trust Sale and Servicing Agreement (Capital Auto Receivables LLC), Trust Sale and Servicing Agreement (Capital Auto Receivables Asset Trust 2007-1), Trust Sale and Servicing Agreement (Capital Auto Receivables Asset Trust 2007-2)

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 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

Sources: Indenture (CSFB Acceptance Corp Home Equity Loan Back Notes Ser 2003-A), Indenture (Irwin Whole Loan Home Equity Trust 2005-B), Indenture (Irwin Whole Loan Home Equity Trust 2005-C)

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 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 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 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

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

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 SellerSellers, 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 Depositor or any Affiliate of any of the foregoing Persons and (iii) is not connected with the Issuer, any such other obligor, the SellerSellers, 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

Sources: Indenture (Residential Asset Mortgage Products Inc), Indenture (Gmacm Home Equity Loan Trust 2005-He1), Indenture (GMACM Home Equity Loan Trust 2004-He4)

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 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 Issuer, any such other obligor, the Seller, the Depositor or any Affiliate of any of the foregoing Persons and (iiic) is not connected with the Issuer, any such other obligor, the Seller, the Depositor or any Affiliate of any of the foregoing Persons as an officer, employee, promoter, underwriter, trustee, partner, director or person Person performing similar functions.

Appears in 1 contract

Sources: Indenture (Sequoia HELOC Trust 2004-1)

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

Sources: Indenture (Homepride Mortgage Finance Corp)

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 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 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 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

Sources: 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 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 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 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

Sources: Indenture (Indymac Abs Inc)

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 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 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 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

Sources: Trust Sale and Servicing Agreement (Superior Wholesale Inventory Financing Trust 2007-Ae-1)

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 Depositor Issuer, 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 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 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

Sources: Indenture (Greenpoint Credit 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 Servicer, 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 Servicer, 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 Servicer, 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

Sources: Indenture (GSR Trust 2005-Hel1)