Common use of No Netting Clause in Contracts

No Netting. Notwithstanding Section 2(c) of this Agreement, in no event shall either Party A or Party B be entitled to net its payment obligations in respect of the Insured Transactions against the payment obligations of the other party in respect of other Transactions under this Agreement if such Transactions are not Insured Transactions, nor may either Party A or Party B net the payment obligations of the other party under Transactions that are not Insured Transactions against the payment obligations of such party under Insured Transactions, it being the intention of the parties that their payment obligations under Insured Transactions be treated separate and apart from all other Transactions. Section 6(e) of this Agreement shall apply to all Insured Transactions with the same effect as if the Insured Transactions constituted a single master agreement. Notwithstanding Section 6(e) of this Agreement, the amount payable under Section 6(e) of this Agreement upon the termination of any Insured Transaction shall be determined without regard to any Transactions other than the Insured Transactions, it being the intention of the parties that their payment obligations under the Insured Transactions be treated separate and apart from all other Transactions unless otherwise specified in such other Transaction and agreed to in writing by MBIA.

Appears in 3 contracts

Samples: Master Agreement (Novastar Mortgage Funding Corp), Master Agreement (Capital One Auto Receivables Trust 2001-B), Master Agreement (Novastar Mortgage Funding Corp)

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No Netting. Notwithstanding Section 2(c) of this Agreement, in no event shall either Party A or Party B be entitled to net its payment obligations in respect of the Insured Transactions against the payment obligations of the other party in respect of other Transactions under this Agreement if such Transactions are not Insured Transactions, nor may either Party A or Party B net the payment obligations of the other party under Transactions that are not Insured Transactions against the payment obligations of such party under Insured Transactions, it being the intention of the parties that their payment obligations under Insured Transactions be treated separate and apart from all other Transactions. Section 6(e) of this Agreement shall apply to all Insured Transactions with the same effect as if the Insured Transactions constituted a single master agreement. Notwithstanding Section 6(e) of this Agreement, the amount payable under Section 6(e) of this Agreement upon the termination of any Insured Transaction shall be determined without regard to any Transactions other than the Insured Transactions, it being the intention of the parties that their payment obligations under the Insured Transactions be treated separate and apart from all other Transactions unless otherwise specified in such other Transaction and agreed to in writing by MBIAInsurer.

Appears in 2 contracts

Samples: Master Agreement (Santander Drive Auto Receivables Trust 2007-2), Master Agreement (Santander Drive Auto Receivables Trust 2007-3)

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No Netting. Notwithstanding Section 2(c) of this Agreement, in no event shall either Party A or Party B be entitled to net its payment obligations in respect of the Insured Identified Transactions against the payment obligations of the other party in respect of other Transactions under this Agreement if such Transactions are not Insured Identified Transactions, nor may either Party A or Party B net the payment obligations of the other party under Transactions that are not Insured Identified Transactions against the payment obligations of such party under Insured Identified Transactions, it being the intention of the parties that their payment obligations under Insured Identified Transactions be treated separate and apart from all other Transactions. Section 6(e) 6 of this Agreement shall apply to all Insured Identified Transactions with the same effect as if the Insured Identified Transactions constituted a single master agreement. Notwithstanding Section 6(e) 6 of this Agreement, the amount payable under Section 6(e) 6 of this Agreement upon the termination of any Insured Identified Transaction shall be determined without regard to any Transactions other than the Insured Identified Transactions, it being the intention of the parties that their payment obligations under the Insured Identified Transactions be treated separate and apart from all other Transactions unless otherwise specified in such other Transaction and agreed to in writing by MBIA.

Appears in 1 contract

Samples: Master Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Ar3)

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