Common use of Intention of the Parties and Interpretation Clause in Contracts

Intention of the Parties and Interpretation. Each of the parties acknowledges and agrees that the purpose of Section 3.16 through Section 3.20 of this Agreement is to facilitate compliance by the Securities Administrator and the Depositor with the provisions of Regulation AB promulgated by the Commission under the Exchange Act, as such may be amended from time to time and subject to such clarification and interpretive advice as may be issued by the staff of the Commission from time to time. Therefore, each of the parties agrees that (a) the obligations of the parties hereunder shall be interpreted in such a manner as to accomplish that purpose, (b) the parties’ obligations hereunder will be supplemented and modified as necessary to be consistent with any such amendments, interpretive advice or guidance, convention or consensus among active participants in the asset-backed securities markets, advice of counsel, or otherwise in respect of the requirements of Regulation AB, (c) the parties shall comply with the reasonable requests made by the Securities Administrator or the Depositor for delivery of such additional or different information as the Securities Administrator or the Depositor may determine in good faith is necessary to comply with the provisions of Regulation AB, which information is available to such party without unreasonable effort or expense and within such timeframe as may be reasonably requested, and (d) no amendment of this Agreement shall be required to effect any such changes in the parties’ obligations as are necessary to accommodate evolving interpretations of the provisions of Regulation AB.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (Thornburg Mortgage Securities Trust 2007-1), Sale and Servicing Agreement (Thornburg Mortgage Securities Trust 2007-2), Sale and Servicing Agreement (Thornburg Mortgage Securities Corp)

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Intention of the Parties and Interpretation. Each of the parties hereto acknowledges and agrees that the purpose of Section 3.16 through Section 3.20 the Reg AB Provisions of this Agreement is to facilitate compliance by the Securities Administrator Depositor, the Master Servicer and the Depositor Trust Administrator with the provisions of Regulation AB promulgated by the Commission SEC under the Exchange ActAct (17 C.F.R. §§ 229.1100 - 229.1123), as such may be amended from time to time and subject to such clarification and interpretive advice as may be issued by the staff of the Commission SEC from time to time. Therefore, each of the parties hereto agrees that (a) the obligations of the parties hereunder shall be interpreted in such a manner as to accomplish that purpose, (b) the parties’ obligations hereunder will be supplemented and modified as necessary to be consistent with any such amendments, interpretive advice or guidance, convention or consensus among active participants in the asset-backed securities markets, advice of counsel, or otherwise in respect of the requirements of Regulation AB, (c) the parties hereto shall comply with the reasonable requests made by the Securities Depositor, the Master Servicer and the Trust Administrator or the Depositor for delivery of such additional or different information as the Securities Depositor, the Master Servicer and the Trust Administrator or the Depositor may determine in good faith is necessary to comply with the provisions of Regulation AB, which information is available to such party without unreasonable effort or expense and within such timeframe as may be reasonably requested, and (d) no amendment of this Agreement shall be required to effect any such changes in the parties’ obligations as are necessary to accommodate evolving interpretations of the provisions of Regulation AB.

Appears in 3 contracts

Samples: Transfer and Servicing Agreement (Fieldstone Mortgage Investment CORP), Transfer and Servicing Agreement (Fieldstone Mortgage Investment Trust, Series 2006-2), Transfer and Servicing Agreement (Fieldstone Mortgage Investment CORP)

Intention of the Parties and Interpretation. Each of the parties acknowledges and agrees that the purpose of Sections 3.19, 3.20, Section 3.16 through 8.11 and this Section 3.20 3.25 of this Agreement is to facilitate compliance by the Securities Administrator Seller and the Depositor with the provisions of Regulation AB promulgated by the Commission under the Exchange Act1934 Act (17 C.F.R. xx.xx. 229.1100 - 229.1123), as such may be amended from time to time and subject to such clarification and interpretive advice as may be issued by the staff of the Commission from time to time. Therefore, each of the parties agrees that (a) the obligations of the parties hereunder shall be interpreted in such a manner as to accomplish that purpose, (b) the parties' obligations hereunder will be supplemented and modified as necessary to be consistent with any such amendments, interpretive advice or guidance, convention or consensus among active participants in the asset-backed securities markets, advice of counsel, or otherwise in respect of the requirements of Regulation AB, (c) the parties shall comply with the reasonable requests made by the Securities Administrator Seller or the Depositor for delivery of such additional or different information as the Securities Administrator Seller or the Depositor may determine in good faith is necessary to comply with the provisions of Regulation AB, which information is available to such party without unreasonable effort or expense and within such timeframe as may be reasonably requested, and (d) no amendment of this Agreement shall be required to effect any such changes in the parties' obligations as are necessary to accommodate evolving interpretations of the provisions of Regulation AB.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (American Home Mortgage Assets LLC), Pooling and Servicing Agreement (American Home Mortgage Securities LLC), Pooling and Servicing Agreement (American Home Mortgage Securities LLC)

Intention of the Parties and Interpretation. Each of the parties acknowledges and agrees that the purpose of Section 3.16 through Section 3.20 Sections 3.20, 3.21 and 4.07 of this Agreement is to facilitate compliance by the Securities Administrator and the Depositor with the provisions of Regulation AB promulgated by the Commission under the Exchange ActAB, as such may be amended from time to time and subject to such clarification and interpretive advice as may be issued by the staff of the Commission from time to time. Therefore, each of the parties (other than Countrywide) agrees that (a) the obligations of the parties hereunder shall be interpreted in such a manner as to accomplish that purpose, (b) the parties’ obligations hereunder will be supplemented and modified as necessary to be consistent with any such amendments, interpretive advice or guidance, convention or consensus among active participants in the asset-backed securities markets, advice opinion of counsel, or otherwise in respect of the requirements of Regulation AB, (c) the parties shall comply with the reasonable requests made by the Securities Administrator Depositor or the Depositor Trust Administrator for delivery of such additional or different information, to the extent that such information is available or reasonably attainable, as the Securities Administrator Depositor or the Depositor Trust Administrator may determine in good faith is necessary to comply with the provisions of Regulation AB, which information is available to such party without unreasonable effort or expense and within such timeframe as may be reasonably requested, and (d) no amendment of this Agreement shall be required to effect any such changes in the parties’ obligations as are necessary to accommodate evolving interpretations of the provisions of Regulation AB; provided, however, that any such changes shall require the consent of each of the parties hereto.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-Amc2), Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-Amc4), Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-Amc2)

Intention of the Parties and Interpretation. Each of the parties acknowledges and agrees that the purpose of Section 3.16 through Section 3.20 Sections 3.13, 3.14, 3.18 and 5.13 of this Agreement is to facilitate compliance by the Securities Administrator Sponsor and the Depositor with the provisions of Regulation AB promulgated by the Commission SEC under the Exchange ActAct (17 C.F.R. §§ 229.1100 - 229.1123), as such may be amended from time to time and subject to such clarification and interpretive advice as may be issued by the staff of the Commission SEC from time to time. Therefore, each of the parties agrees that (a) the obligations of the parties hereunder shall be interpreted in such a manner as to accomplish that purpose, (b) the parties’ obligations hereunder will be supplemented and modified as necessary to be consistent with any such amendments, interpretive advice or guidance, convention or consensus among active participants in the asset-backed securities markets, advice of counsel, or otherwise in respect of the requirements of Regulation AB, (c) the parties shall comply with the reasonable requests made by the Securities Administrator Sponsor or the Depositor for delivery of such additional or different information as the Securities Administrator Sponsor or the Depositor may determine in good faith is necessary to comply with the provisions of Regulation AB, which information is available to such party without unreasonable effort or expense and within such timeframe as may be reasonably requested, and (d) no amendment of this Agreement shall be required to effect any such changes in the parties’ obligations as are necessary to accommodate evolving interpretations of the provisions of Regulation AB. Notwithstanding the foregoing, the Servicer shall be under no obligation to provide any information in addition to that required by Sections 3.13, 3.14, 3.18 and 5.13 of this Agreement as of the Closing Date that the Depositor deems required under Regulation AB if (i) the Servicer does not believe that such additional information is required under Regulation AB and (ii) the Servicer is not providing such additional information for its own securitizations, unless the Depositor pays all reasonable costs incurred by the Servicer in connection with the preparation and delivery of such additional information and the Servicer is given reasonable time to establish the necessary systems and procedures to produce such additional information.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Nomura Home Equity Loan, Inc., Home Equity Loan Trust, Series 2006-He1), Pooling and Servicing Agreement (Nomura Home Equity Loan, Inc., Home Equity Loan Trust, Series 2006-Fm1), Pooling and Servicing Agreement (Nomura Home Equity Loan, Inc., Home Equity Loan Trust, Series 2006-He2)

Intention of the Parties and Interpretation. Each of the parties acknowledges and agrees that the purpose of Section 3.16 through Section 3.20 Sections 3.20, 3.21 and 4.06 of this Agreement is to facilitate compliance by the Securities Administrator and the Depositor with the provisions of Regulation AB promulgated by the Commission under the Exchange Act1934 Act (17 C.F.R. §§ 229.1100 - 229.1123), as such may be amended from time to time and subject to such clarification and interpretive advice as may be issued by the staff of the Commission from time to time. Therefore, each of the parties agrees that (a) the obligations of the parties hereunder shall be interpreted in such a manner as to accomplish that purpose, (b) the parties’ obligations hereunder will be supplemented and modified as necessary to be consistent with any such amendments, interpretive advice or guidance, convention or consensus among active participants in the asset-backed securities markets, advice opinion of counsel, or otherwise in respect of the requirements of Regulation AB, (c) the parties shall comply with the reasonable requests made by the Securities Administrator or the Depositor for delivery of such additional or different information, to the extent that such information is available or reasonably attainable, as the Securities Administrator or the Depositor may determine in good faith is necessary to comply with the provisions of Regulation AB, which information is available to such party without unreasonable effort or expense and within such timeframe as may be reasonably requested, and (d) no amendment of this Agreement shall be required to effect any such changes in the parties’ obligations as are necessary to accommodate evolving interpretations of the provisions of Regulation AB; provided, however, that any such changes shall require the consent of each of the parties hereto. All percentages of Voting Rights referred to herein shall be deemed, with respect to matters affecting the mortgage pool and the related Certificates, to mean percentages of the Voting Rights with respect to such related Certificates.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2006-4), Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-2)

Intention of the Parties and Interpretation. Each of the parties hereto acknowledges and agrees that the purpose of Section 3.16 through Section 3.20 Sections 3.20, 3.21 and 4.06 of this Agreement is to facilitate compliance by the Securities Administrator and the Depositor with the provisions of Regulation AB promulgated by the Commission SEC under the Exchange ActAct (17 C.F.R. §§ 229.1100 - 229.1123), as such may be amended from time to time and subject to such clarification and interpretive advice as may be issued by the staff of the Commission from time to time. Therefore, each of the parties hereto agrees that (a) the obligations of the parties hereunder shall be interpreted in such a manner as to accomplish that purpose, (b) the parties’ obligations hereunder will be supplemented and modified as reasonably necessary to be consistent with any such amendments, interpretive advice or guidance, convention or consensus among active participants in the asset-backed securities markets, advice of counsel, or otherwise in respect of the requirements of Regulation AB, (c) the parties shall comply comply, to the extent practicable from a timing and information systems perspective and to the extent that the Depositor will pay any increased costs of the Trustee, the Servicer and the Trust Administrator caused by such request, with the reasonable requests made by the Securities Administrator or the Depositor for delivery of such additional or different information as the Securities Administrator or the Depositor may determine in good faith is necessary to comply with the provisions of Regulation AB, which information is available to such party without unreasonable effort or expense and within such timeframe as may be reasonably requested, and (d) no amendment of this Agreement shall be required to effect any such changes in the parties’ obligations as are necessary to accommodate evolving interpretations of the provisions of Regulation AB.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2006-Wmc3), Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2006-Wmc4)

Intention of the Parties and Interpretation. Each of the parties acknowledges and agrees that the purpose of Section 3.16 through Section 3.20 the Reg AB Provisions of this Agreement is to facilitate compliance by the Securities Administrator Wxxxx Fargo and the Depositor with the provisions of Regulation AB promulgated by the Commission SEC under the Exchange Act1934 Act (17 C.F.R. §§ 229.1100 — 229.1123), as such may be amended from time to time and subject to such clarification and interpretive advice as may be issued by the staff of the Commission SEC from time to time. Therefore, each of the parties agrees that (a) the obligations of the parties hereunder shall be interpreted in such a manner as to accomplish that purpose, (b) the parties’ obligations hereunder will be supplemented and modified as necessary to be consistent with any such amendments, interpretive advice or guidance, convention or consensus among active participants in the asset-backed securities markets, advice of counsel, or otherwise in respect of order to comply with the requirements of Regulation ABAB at all times, (c) the parties shall comply with the reasonable requests made by the Securities Administrator Wxxxx Fargo or the Depositor for delivery of such additional or different information as the Securities Administrator Wxxxx Fargo or the Depositor may determine in good faith is necessary to comply with the provisions of Regulation AB, which information is available to such party without unreasonable effort or expense and within such timeframe as may be reasonably requested, and (d) no amendment of this Agreement shall be required to effect any such changes in the parties’ obligations as are necessary to accommodate evolving interpretations of the provisions of Regulation AB.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Fremont Mortgage Securities Corp)

Intention of the Parties and Interpretation. Each of the parties acknowledges and agrees that the purpose of Section 3.16 through Section 3.20 Sections 3.13, 3.14, 3.18 and 5.17 of this Agreement is to facilitate compliance by the Securities Administrator Sponsor and the Depositor with the provisions of Regulation AB promulgated by the Commission SEC under the Exchange ActAct (17 C.F.R. §§ 229.1100 - 229.1123), as such may be amended from time to time and subject to such clarification and interpretive advice as may be issued by the staff of the Commission SEC from time to time. Therefore, each of the parties agrees that (a) the obligations of the parties hereunder shall be interpreted in such a manner as to accomplish that purpose, (b) the parties’ obligations hereunder will be supplemented and modified as necessary to be consistent with any such amendments, interpretive advice or guidance, convention or consensus among active participants in the asset-backed securities markets, advice of counsel, or otherwise in respect of the requirements of Regulation AB, (c) the parties shall comply with the reasonable requests made by the Securities Administrator Sponsor or the Depositor for delivery of such additional or different information as the Securities Administrator Sponsor or the Depositor may determine in good faith is necessary to comply with the provisions of Regulation AB, which information is available to such party without unreasonable effort or expense and within such timeframe as may be reasonably requested, AB and (d) no amendment of this Agreement shall be required to effect any such changes in the parties’ obligations as are necessary to accommodate evolving interpretations of the provisions of Regulation AB. Notwithstanding the foregoing, the Servicer shall be under no obligation to provide any information in addition to that required by Sections 3.13, 3.14, 3.18 and 5.17 of this Agreement as of the Closing Date that the Depositor deems required under Regulation AB if (i) the Servicer does not believe that such additional information is required under Regulation AB and (ii) the Servicer is not providing such additional information for its own securitizations, unless the Depositor pays all reasonable costs incurred by the Servicer in connection with the preparation and delivery of such additional information and the Servicer is given reasonable time to establish the necessary systems and procedures to produce such additional information.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Nomura Asset Acceptance Corporation, Alternative Loan Trust, Series 2006-Ar3)

Intention of the Parties and Interpretation. Each of the parties acknowledges and agrees that the purpose of Section 3.16 through Section 3.20 Article XII of this Agreement is to facilitate compliance by the Securities Administrator Administrator, the Servicer, the Master Servicer and the Depositor with the provisions of Regulation AB promulgated by the Commission SEC under the Exchange ActAct (17 C.F.R. §§ 229.1100 - 229.1123), as such may be amended from time to time and subject to such clarification and interpretive advice as may be issued by the staff of the Commission SEC from time to time. Therefore, each of the parties agrees that (a) the obligations of the parties hereunder shall be interpreted in such a manner as to accomplish that purpose, (b) the parties’ obligations hereunder will be supplemented and modified as necessary to be consistent with any such amendments, interpretive advice or guidance, convention or consensus among active participants in the asset-backed securities markets, advice of counsel, or otherwise in respect of the requirements of Regulation AB, (c) the parties shall comply (to the extent practical from a timing and information systems perspective) with the reasonable requests made by the Securities Administrator Administrator, the Servicer, the Master Servicer or the Depositor for delivery of such additional or different information as the Securities Administrator Administrator, the Servicer, the Master Servicer or the Depositor may determine in good faith is necessary to comply with the provisions of Regulation AB, which information is available to such party without unreasonable effort or expense and within such timeframe as may be reasonably requested, and (d) no amendment of this Agreement shall be required to effect any such changes in the parties’ obligations as are necessary to accommodate evolving interpretations of the provisions of Regulation AB.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Home Equity Loan Trust 2007-Fre1)

Intention of the Parties and Interpretation. Each of the parties acknowledges and agrees that the purpose of Section 3.16 8.01 through Section 3.20 8.06 of this Agreement is to facilitate compliance by the Securities Administrator and the Depositor with the provisions of Regulation AB promulgated by the Commission under the 217412 HomeBanc 2007-1 Pooling and Servicing Agreement 149 Exchange ActAct (17 C.F.R. §§ 229.1100—229.1123), as such may be amended from time to time and subject to such clarification and interpretive advice as may be issued by the staff of the Commission from time to time. Therefore, each of the parties agrees that (a) the obligations of the parties hereunder shall be interpreted in such a manner as to accomplish that purpose, (b) the parties’ obligations hereunder will be supplemented and modified as necessary to be consistent with any such amendments, interpretive advice or guidance, convention or consensus among active participants in the asset-backed securities markets, advice of counsel, or otherwise in respect of the requirements of Regulation AB, (c) the parties shall comply with the reasonable requests made by the Securities Administrator or the Depositor for delivery of such additional or different information as the Securities Administrator or the Depositor may determine in good faith is necessary to comply with the provisions of Regulation AB, which information is available to such party without unreasonable effort or expense and within such timeframe as may be reasonably requested, and (d) no amendment of this Agreement shall be required to effect any such changes in the parties’ obligations as are necessary to accommodate evolving interpretations of the provisions of Regulation AB.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Homebanc Corp)

Intention of the Parties and Interpretation. Each of the parties acknowledges and agrees that the purpose of Section 3.16 through Section 3.20 Sections 3.22, 3.23 and 8.12 of this Agreement is to facilitate compliance by the Securities Administrator Sponsor and the Depositor with the provisions of Regulation AB promulgated by the Commission SEC under the Exchange Act1934 Act (17 C.F.R. ss.ss. 229.1100 - 229.1123), as such may be amended from time to time and subject axx xxbject to such clarification and interpretive advice as may be issued by the staff of the Commission SEC from time to time. Therefore, each of the parties agrees that (a) the obligations of the parties hereunder shall be interpreted in such a manner as to accomplish that purpose, (b) the parties' obligations hereunder will be supplemented and modified as necessary to be consistent with any such amendments, interpretive advice or guidance, convention or consensus among active participants in the asset-backed securities markets, advice of counsel, or otherwise in respect of the requirements of Regulation AB, (c) the parties shall comply with the reasonable requests made by the Securities Administrator Sponsor or the Depositor for delivery of such additional or different information as the Securities Administrator Sponsor or the Depositor may determine in good faith is necessary to comply with the provisions of Regulation AB, which information is available to such party without unreasonable effort or expense and within such timeframe as may be reasonably requested, and (d) no amendment of this Agreement shall be required to effect any such changes in the parties' obligations as are necessary to accommodate evolving interpretations of the provisions of Regulation AB.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (GSAMP Trust 2006-S6)

Intention of the Parties and Interpretation. Each of the parties acknowledges and agrees that the purpose of Section 3.16 through Section 3.20 Sections 3.16, 3.17 and 8.13 of this Agreement is to facilitate compliance by the Securities Administrator Seller and the Depositor with the provisions of Regulation AB promulgated by the Commission SEC under the Exchange Act1934 Act (17 C.F.R. ss.ss. 229.1100 - 229.1123), as such may be amended from time to time and subject xxx xubject to such clarification and interpretive advice as may be issued by the staff of the Commission SEC from time to time. Therefore, each of the parties agrees that (a) the obligations of the parties hereunder shall be interpreted in such a manner as to accomplish that purpose, (b) the parties' obligations hereunder will be supplemented and modified as necessary to be consistent with any such amendments, interpretive advice or guidance, convention or consensus among active participants in the asset-backed securities markets, advice of counsel, or otherwise in respect of the requirements of Regulation AB, (c) the parties shall comply with the reasonable requests made by the Securities Administrator Seller or the Depositor for delivery of such additional or different information as the Securities Administrator Seller or the Depositor may determine in good faith is necessary to comply with the provisions of Regulation AB, which information is available to such party without unreasonable effort or expense and within such timeframe as may be reasonably requested, and (d) no amendment of this Agreement shall be required to effect any such changes in the parties' obligations as are necessary to accommodate evolving interpretations of the provisions of Regulation AB.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Deutsche Alt-a Securities Inc)

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Intention of the Parties and Interpretation. Each of the parties acknowledges and agrees that the purpose of Section 3.16 through Section 3.20 Sections 3.20, 3.21 and 8.17 of this Agreement is to facilitate compliance by the Securities Administrator PHH Mortgage Corporation and the Depositor with the provisions of Regulation AB promulgated by the Commission SEC under the Exchange Act1934 Act (17 C.F.R. ss.ss. 229.1100 - 229.1123), as such may be amended from time to time and xxx subject to such clarification and interpretive advice as may be issued by the staff of the Commission SEC from time to time. Therefore, each of the parties agrees that (a) the obligations of the parties hereunder shall be interpreted in such a manner as to accomplish that purpose, (b) the parties' obligations hereunder will be supplemented and modified as necessary to be consistent with any such amendments, interpretive advice or guidance, convention or consensus among active participants in the asset-backed securities markets, advice of counsel, or otherwise in respect of the requirements of Regulation AB, (c) the parties shall comply with the reasonable requests made by the Securities Administrator PHH Mortgage Corporation or the Depositor for delivery of such additional or different information as the Securities Administrator PHH Mortgage Corporation or the Depositor may determine in good faith is necessary to comply with the provisions of Regulation AB, which information is available to such party without unreasonable effort or expense and within such timeframe as may be reasonably requested, and (d) no amendment of this Agreement shall be required to effect any such changes in the parties' obligations as are necessary to accommodate evolving interpretations of the provisions of Regulation AB.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (PHH Mortgage Capital LLC)

Intention of the Parties and Interpretation. Each of the parties acknowledges and agrees that the purpose of Section 3.16 through Section 3.20 Sections 3.13, 3.14, 3.18 and 5.14 of this Agreement is to facilitate compliance by the Securities Administrator Sponsor and the Depositor with the provisions of Regulation AB promulgated by the Commission SEC under the Exchange ActAct (17 C.F.R. §§ 229.1100 - 229.1123), as such may be amended from time to time and subject to such clarification and interpretive advice as may be issued by the staff of the Commission SEC from time to time. Therefore, each of the parties agrees that (a) the obligations of the parties hereunder shall be interpreted in such a manner as to accomplish that purpose, (b) the parties’ obligations hereunder will be supplemented and modified as necessary to be consistent with any such amendments, interpretive advice or guidance, convention or consensus among active participants in the asset-backed securities markets, advice of counsel, or otherwise in respect of the requirements of Regulation AB, (c) the parties shall comply with the reasonable requests made by the Securities Administrator Sponsor or the Depositor for delivery of such additional or different information as the Securities Administrator Sponsor or the Depositor may determine in good faith is necessary to comply with the provisions of Regulation AB, which information is available to such party without unreasonable effort or expense and within such timeframe as may be reasonably requested, AB and (d) no amendment of this Agreement shall be required to effect any such changes in the parties’ obligations as are necessary to accommodate evolving interpretations of the provisions of Regulation AB. Notwithstanding the foregoing, the related Servicer shall be under no obligation to provide any information in addition to that required by Sections 3.13, 3.14, 3.18 and 5.14 of this Agreement as of the Closing Date that the Depositor deems required under Regulation AB if (i) such Servicer does not believe that such additional information is required under Regulation AB and (ii) such Servicer is not providing such additional information for its own securitizations, unless the Depositor pays all reasonable costs incurred by such Servicer in connection with the preparation and delivery of such additional information and such Servicer is given reasonable time to establish the necessary systems and procedures to produce such additional information.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Nomura Home Equity Loan, Inc., Home Equity Loan Trust, Series 2006-Af1)

Intention of the Parties and Interpretation. Each of the parties acknowledges and agrees that the purpose of Section 3.16 through Section 3.20 Sections 3.20, 3.21 and 4.06 of this Agreement is to facilitate compliance by the Securities Administrator and the Depositor with the provisions of Regulation AB promulgated by the Commission under the Exchange Act1934 Act (17 C.F.R. §§ 229.1100 - 229.1123), as such may be amended from time to time and subject to such clarification and interpretive advice as may be issued by the staff of the Commission from time to time. Therefore, each of the parties agrees that (a) the obligations of the parties hereunder shall be interpreted in such a manner as to accomplish that purpose, (b) the parties’ obligations hereunder will be supplemented and modified as necessary to be consistent with any such amendments, interpretive advice or guidance, convention or consensus among active participants in the asset-backed securities markets, advice opinion of counsel, or otherwise in respect of the requirements of Regulation AB, (c) the parties shall comply with the reasonable requests made by the Securities Administrator or the Depositor for delivery of such additional or different information, to the extent that such information is available or reasonably attainable, as the Securities Administrator or the Depositor may determine in good faith is necessary to comply with the provisions of Regulation AB, which information is available to such party without unreasonable effort or expense and within such timeframe as may be reasonably requested, and (d) no amendment of this Agreement shall be required to effect any such changes in the parties’ obligations as are necessary to accommodate evolving interpretations of the provisions of Regulation AB; provided, however, that any such changes shall require the consent of each of the parties hereto. All percentages of Voting Rights referred to herein shall be deemed, with respect to matters affecting the related Certificates, to mean percentages of the Voting Rights with respect to such related Certificates.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc., Series 2007-Ar7)

Intention of the Parties and Interpretation. Each of the parties acknowledges and agrees that the purpose of Section 3.16 through Section 3.20 of this Agreement is to facilitate compliance by the Securities Administrator and the Depositor with the provisions of Regulation AB promulgated by the Commission under the Exchange Act, as such may be amended from time to time and subject to such clarification and interpretive advice as may be issued by the staff of the Commission from time to time. Therefore, each of the parties agrees that (a) the obligations of the parties hereunder shall be interpreted in such a manner as to accomplish that purpose, (b) the parties' obligations hereunder will be supplemented and modified as necessary to be consistent with any such amendments, interpretive advice or guidance, convention or consensus among active participants in the asset-backed securities markets, advice of counsel, or otherwise in respect of the requirements of Regulation AB, (c) the parties shall comply with the reasonable requests made by the Securities Administrator or the Depositor for delivery of such additional or different information as the Securities Administrator or the Depositor may determine in good faith is necessary to comply with the provisions of Regulation AB, which information is available to such party without unreasonable effort or expense and within such timeframe as may be reasonably requested, and (d) no amendment of this Agreement shall be required to effect any such changes in the parties' obligations as are necessary to accommodate evolving interpretations of the provisions of Regulation AB.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Structured Asset Mortgage Investments Ii Inc)

Intention of the Parties and Interpretation. Each of the parties acknowledges and agrees that the purpose of Section 3.16 8.01 through Section 3.20 8.06 of this Agreement is to facilitate compliance by the Securities Administrator and the Depositor with the provisions of Regulation AB promulgated by the Commission under the 201359 HomeBanc 2006-2 Transfer and Servicing Agreement Exchange ActAct (17 C.F.R. §§ 229.1100 - 229.1123), as such may be amended from time to time and subject to such clarification and interpretive advice as may be issued by the staff of the Commission from time to time. Therefore, each of the parties agrees that (a) the obligations of the parties hereunder shall be interpreted in such a manner as to accomplish that purpose, (b) the parties’ obligations hereunder will be supplemented and modified as necessary to be consistent with any such amendments, interpretive advice or guidance, convention or consensus among active participants in the asset-backed securities markets, advice of counsel, or otherwise in respect of the requirements of Regulation AB, (c) the parties shall comply with the reasonable requests made by the Securities Administrator or the Depositor for delivery of such additional or different information as the Securities Administrator or the Depositor may determine in good faith is necessary to comply with the provisions of Regulation AB, which information is available to such party without unreasonable effort or expense and within such timeframe as may be reasonably requested, and (d) no amendment of this Agreement shall be required to effect any such changes in the parties’ obligations as are necessary to accommodate evolving interpretations of the provisions of Regulation AB.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (Homebanc Corp)

Intention of the Parties and Interpretation. Each of the parties acknowledges and agrees that the purpose of Sections 3.19, 3.20, Section 3.16 through 8.11 and this Section 3.20 3.25 of this Agreement is to facilitate compliance by the Securities Administrator Seller and the Depositor with the provisions of Regulation AB promulgated by the Commission under the Exchange Act1934 Act (17 C.F.R. §§ 229.1100 - 229.1123), as such may be amended from time to time and subject to such clarification and interpretive advice as may be issued by the staff of the Commission from time to time. Therefore, each of the parties agrees that (a) the obligations of the parties hereunder shall be interpreted in such a manner as to accomplish that purpose, (b) the parties’ obligations hereunder will be supplemented and modified as necessary to be consistent with any such amendments, interpretive advice or guidance, convention or consensus among active participants in the asset-backed securities markets, advice of counsel, or otherwise in respect of the requirements of Regulation AB, (c) the parties shall comply with the reasonable requests made by the Securities Administrator Seller or the Depositor for delivery of such additional or different information as the Securities Administrator Seller or the Depositor may determine in good faith is necessary to comply with the provisions of Regulation AB, which information is available to such party without unreasonable effort or expense and within such timeframe as may be reasonably requested, and (d) no amendment of this Agreement shall be required to effect any such changes in the -52- parties’ obligations as are necessary to accommodate evolving interpretations of the provisions of Regulation AB.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Shellpoint Mortgage Acceptance LLC)

Intention of the Parties and Interpretation. Each of the parties acknowledges and agrees that the purpose of Section 3.16 through Section 3.20 Sections 3.13, 3.14, 3.18 and 5.18 of this Agreement is to facilitate compliance by the Securities Administrator Sponsor and the Depositor with the provisions of Regulation AB promulgated by the Commission SEC under the Exchange ActAct (17 C.F.R. §§ 229.1100 - 229.1123), as such may be amended from time to time and subject to such clarification and interpretive advice as may be issued by the staff of the Commission SEC from time to time. Therefore, each of the parties agrees that (a) the obligations of the parties hereunder shall be interpreted in such a manner as to accomplish that purpose, (b) the parties’ obligations hereunder will be supplemented and modified as necessary to be consistent with any such amendments, interpretive advice or guidance, convention or consensus among active participants in the asset-backed securities markets, advice of counsel, or otherwise in respect of the requirements of Regulation AB, (c) the parties shall comply with the reasonable requests made by the Securities Administrator Sponsor or the Depositor for delivery of such additional or different information as the Securities Administrator Sponsor or the Depositor may determine in good faith is necessary to comply with the provisions of Regulation AB, which information is available to such party without unreasonable effort or expense and within such timeframe as may be reasonably requested, AB and (d) no amendment of this Agreement shall be required to effect any such changes in the parties’ obligations as are necessary to accommodate evolving interpretations of the provisions of Regulation AB. Notwithstanding the foregoing, the Servicer shall be under no obligation to provide any information in addition to that required by Sections 3.13, 3.14, 3.18 and 5.18 of this Agreement as of the Closing Date that the Depositor deems required under Regulation AB if (i) the Servicer does not believe that such additional information is required under Regulation AB and (ii) the Servicer is not providing such additional information for its own securitizations, unless the Depositor pays all reasonable costs incurred by the Servicer in connection with the preparation and delivery of such additional information and the Servicer is given reasonable time to establish the necessary systems and procedures to produce such additional information.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Nomura Asset Acceptance Corporation, Alternative Loan Trust, Series 2006-Ar4)

Intention of the Parties and Interpretation. Each of the parties acknowledges and agrees that the purpose of Section 3.16 through Section 3.20 3.21 of this Agreement is to facilitate compliance by the Securities Administrator and the Depositor with the provisions of Regulation AB promulgated by the Commission under the Exchange ActAct (17 C.F.R. §§ 229.1100 - 229.1123), as such may be amended from time to time and subject to such clarification and interpretive advice as may be issued by the staff of the Commission from time to time. Therefore, each of the parties agrees that (a) the obligations of the parties hereunder shall be interpreted in such a manner as to accomplish that purpose, (b) the parties’ obligations hereunder will be supplemented and modified as necessary to be consistent with any such amendments, interpretive advice or guidance, convention or consensus among active participants in the asset-backed securities markets, advice of counsel, or otherwise in respect of the requirements of Regulation AB, (c) the parties shall comply with the reasonable requests made by the Securities Administrator or the Depositor for delivery of such additional or different information as the Securities Administrator or the Depositor may determine in good faith is necessary to comply with the provisions of Regulation AB, which information is available to such party without unreasonable effort or expense and within such timeframe as may be reasonably requested, and (d) no amendment of this Agreement shall be required to effect any such changes in the parties’ obligations as are necessary to accommodate evolving interpretations of the provisions of Regulation AB.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Thornburg 2006-2)

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