Common use of Safe Harbors Clause in Contracts

Safe Harbors. Each party to this Agreement acknowledges that: (i) This Agreement, including any Credit Support Document, is a "master netting agreement" as defined in the U.S. Bankruptcy Code (the "Code"), and this Agreement, including any Credit Support Document, and each Transaction hereunder is of a type set forth in Section 561(a)(1)-(5) of the Code; (ii) Party A is a "master netting agreement participant" and a "swap participant" as defined in the Code; (iii) The remedies provided herein, and in any Credit Support Document, are the remedies referred to in Section 561(a), Sections 362(b)(6), (7), (17) and (27), and Section 362(o) of the Code; (iv) All transfers of cash, securities or other property under or in connection with this Agreement, any Credit Support Document or any Transaction hereunder are "margin payments," "settlement payments" and/or "transfers" under Sections 546(e), (f), (g) or (j), and under Section 548(d)(2) of the Code; and (v) Each obligation under this Agreement, any Credit Support Document or any Transaction hereunder is an obligation to make a "margin payment," "settlement payment" and/or "payment" within the meaning of Sections 362, 560 and 561 of the Code. [remainder of page intentionally left blank]

Appears in 2 contracts

Sources: Isda Master Agreement (Adjustable Rate Mortgage Loan Trust 2007-2), Isda Master Agreement (Adjustable Rate Mortgage Loan Trust 2007-2)

Safe Harbors. Each party to this Agreement acknowledges that: (i) This Agreement, including any Credit Support Document, is a "master netting agreement" as defined in the U.S. Bankruptcy Code (the "Code"), and this Agreement, including any Credit Support Document, and each Transaction hereunder is of a type set forth in Section 561(a)(1)-(5) of the Code; (ii) Party A is a "master netting agreement participant" and a "swap participant" as defined in the Code; (iii) The remedies provided herein, and in any Credit Support Document, are the remedies referred to in Section 561(a), Sections 362(b)(6), (7), (17) and (27), and Section 362(o) of the Code; (iv) All transfers of cash, securities or other property under or in connection with this Agreement, any Credit Support Document or any Transaction hereunder are "margin payments," "” “settlement payments" and/or "transfers" under Sections 546(e), (f), (g) or (j), and under Section 548(d)(2) of the Code; and (v) Each obligation under this Agreement, any Credit Support Document or any Transaction hereunder is an obligation to make a "margin payment," "” “settlement payment" and/or "payment" within the meaning of Sections 362, 560 and 561 of the Code. [remainder of page intentionally left blank].

Appears in 1 contract

Sources: Swap Schedule (Asset Backed Securities CORP Home Equity Loan Trust, Series AMQ 2007-He2)

Safe Harbors. Each party to this Agreement acknowledges that: (i) This Agreement, including any Credit Support Document, is a "master netting agreement" as defined in the U.S. Bankruptcy Code Code, as amended (the "Code"), and this Agreement, including any Credit Support Document, and each Transaction hereunder is of a type set forth in Section 561(a)(1)-(5561(a)(1)-(6) of the Code; (ii) Party A is a "master netting agreement participant" and and/or a "swap participant" as defined in the Code; (iii) The remedies provided herein, and in any Credit Support Document, are the remedies referred to in Section 561(a), Sections 362(b)(6), (7), (17) and (27), and Section 362(o) of the Code; (iv) All transfers of cash, securities or other property under or in connection with this Agreement, any Credit Support Document or any Transaction hereunder are "margin payments," "settlement payments" and/or "transfers" under Sections 546(e), (f), (g) or (j), and under Section 548(d)(2) of the Code; and (v) Each obligation under this Agreement, any Credit Support Document or any Transaction hereunder is an obligation to make a "margin payment," "settlement payment" and/or "payment" within the meaning of Sections 362, 560 and 561 of the Code. [remainder of page intentionally left blank].

Appears in 1 contract

Sources: Swap Schedule (ABFC 2007-Wmc1 Trust)

Safe Harbors. Each party to this Agreement acknowledges that: (i) This Agreement, including any Credit Support Document, is a "master netting agreement" as defined in the U.S. Bankruptcy Code (the "Code"”), and a “netting contract” as defined in the netting provisions of the Federal Deposit Insurance Corporation Improvement Act of 1991 (“FDICIA”), and this Agreement, including any Credit Support Document, and each Transaction hereunder is of a type set forth in Section 561(a)(1)-(5) of the Code; (ii) Party A is a "master netting agreement participant" ,” a “financial institution,” a “financial participant,” a “forward contract merchant” and a "swap participant" as defined in the Code, and a “financial institution” as defined in the netting provisions of FDICIA; (iii) The remedies provided herein, and in any Credit Support Document, are the remedies referred to in Section 561(a), Sections 362(b)(6), (7), (17) and (27), and Section 362(o) of the Code, and in Section 11(e)(8)(A) and (C) of the Federal Deposit Insurance Act; (iv) All transfers of cash, securities or other property under or in connection with this Agreement, any Credit Support Document or any Transaction hereunder are "margin payments," "” “settlement payments" and/or "” and “transfers" under Sections 546(e), (f), (g) or (j), and under Section 548(d)(2) of the Code; and (v) Each obligation under this Agreement, any Credit Support Document or any Transaction hereunder is an obligation to make a "margin payment," "” “settlement payment" and/or "” and “payment" within the meaning of Sections 362, 560 and 561 of the Code. [remainder of page intentionally left blank].

Appears in 1 contract

Sources: 2002 Master Agreement (FSP 50 South Tenth Street Corp)