Common use of Independent Clause in Contracts

Independent. When used with respect to any specified Person, this term means that such Person (a) is in fact independent of the Depositor or the Master Servicer and of any Affiliate of the Depositor or the Master Servicer, (b) does not have any direct financial interest or any material indirect financial interest in the Depositor or the Master Servicer or any Affiliate of the Depositor or the Master Servicer and (c) is not connected with the Depositor or the Master Servicer or any Affiliate as an officer, employee, promoter, underwriter, trustee, partner, director or person performing similar functions.

Appears in 46 contracts

Samples: Pooling and Servicing Agreement (Prime Mortgage Trust 2007-1), Pooling and Servicing Agreement (Prime Mortgage Trust 2007-3), Pooling and Servicing Agreement (Prime Mortgage Trust 2005-4)

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Independent. When used with respect to any specified Person, this term means that such a Person who (ai) is in fact independent of the Depositor or Depositor, the Master Servicer and of the Trustee, or any Affiliate of the Depositor or the Master Servicerthereof, (bii) does not have any direct financial interest or any material indirect financial interest in the Depositor or Depositor, the Master Servicer or any the Trustee or in an Affiliate of the Depositor or the Master Servicer thereof, and (ciii) is not connected with the Depositor or Depositor, the Master Servicer or any Affiliate the Trustee as an officer, employee, promoter, underwriter, trustee, partner, director or person performing similar functions.

Appears in 16 contracts

Samples: Pooling and Servicing Agreement (Phoenix Residential Securities, LLC), Pooling and Servicing Agreement (Phoenix Residential Securities, LLC), Custodial Agreement (RASC Series 2005-Ks4 Trust)

Independent. When used with respect to any specified Person, this term means that such Person (a) is in fact independent of the Depositor or the Master Servicer and of any Affiliate of the Depositor or the Master Servicer, (b) does not have any direct financial interest or any material indirect financial interest in the Depositor or the Master Servicer or any Affiliate of the Depositor or the Master Servicer and (c) is not connected with the Depositor or the Master Servicer or any Affiliate of the Depositor or the Master Servicer as an officer, employee, promoter, underwriter, trustee, partner, director or person performing similar functions.

Appears in 11 contracts

Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments Ii Trust Series 2005-Ar1), Pooling and Servicing Agreement (Structured Asset Mortgage Investments II Trust 2004-Ar6), Pooling and Servicing Agreement (Structured Asset Mortgage Investments II Trust 2005-Ar3)

Independent. When used with respect to any specified Person, this term means that such Person (a) is in fact independent of the Depositor or the Master Servicer and of any Affiliate of the Depositor or the Master Servicer, (b) does not have any direct financial interest or any material indirect financial interest in the Depositor or the Master Servicer or any Affiliate of the Depositor or the Master Servicer and (c) is not connected with the Depositor or the Master Servicer or any Affiliate as an officer, employee, promoter, underwriter, trustee, partner, director or person performing similar functions.

Appears in 8 contracts

Samples: Grantor Trust Agreement (American Home Mortgage Investment Trust 2005-4), Grantor Trust Agreement (Imh Assets Corp Impac CMB Trust Series 2005-1), Grantor Trust Agreement (Imh Assets Corp Impac CMB Trust Series 2004-9)

Independent. When used with respect to any specified Person, this term means that any such Person who (ai) is in fact independent of the Depositor or the Master Depositor, each Servicer and of any Affiliate of the Depositor or the Master Servicer, (bii) does not have any direct financial interest or any material indirect financial interest in the Depositor Depositor, either Servicer or the Master Servicer or any Affiliate of the Depositor or the Master Servicer either and (ciii) is not connected with the Depositor Depositor, either Servicer or the Master Servicer or any Affiliate as an officer, employee, promoter, underwriter, trustee, partner, director or person performing similar functions.

Appears in 7 contracts

Samples: Pooling and Servicing Agreement (Deutsche Alt a Securities Inc Mort Loan Trust Ser 2003-4xs), Pooling and Servicing Agreement (Deutsche Mort Sec Inc Mortgage Loan Trust Series 2004 2), Pooling and Servicing Agreement (Deutsche Mortgage Sec Inc Mort Loan Tr Ser 2004-1)

Independent. When used with respect to any specified Person, this term Person means that such a Person who (ai) is in fact independent of the Depositor or and the Master Servicer and of any Affiliate of the Depositor or the Master Servicer, (bii) does not have any direct financial interest or any material indirect financial interest in the Depositor or the Master Servicer or any Affiliate in an affiliate of the Depositor or the Master Servicer either of them, and (ciii) is not connected with the Depositor or the Master Servicer or any Affiliate as an officer, employee, promoter, underwriter, trustee, partner, director or person performing similar functions.

Appears in 7 contracts

Samples: Pooling and Servicing Agreement (Wachovia Mortgage Loan Trust, LLC), Pooling and Servicing Agreement (Banc of America Mortgage Securities Mortgage Pass-Through Certificates Series 2005-9 Trust), Pooling and Servicing Agreement (Banc of America Mortgage Securities Mortgage Pass-Through Certificates Series 2005-8 Trust)

Independent. When used with respect to any specified Person, this term means that such Person (a) is in fact independent of the Depositor or the Master Servicer and of any Affiliate of the Depositor or the Master ServicerDepositor, (b) does not have any direct financial interest or any material indirect financial interest in the Depositor or the Master Servicer or any Affiliate of the Depositor or the Master Servicer and (c) is not connected with the Depositor or the Master Servicer or any Affiliate of the Depositor as an officer, employee, promoter, underwriter, trustee, partner, director or person performing similar functions.

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (GreenPoint Mortgage Funding Trust 2005-Ar1), Grantor Trust Agreement (GreenPoint MTA Trust 2005-Ar4), Grantor Trust Agreement (Structured Asset Mortgage Investments II Trust 2004-Ar6)

Independent. When used with respect to any specified Person, this term means that such a Person who (ai) is in fact independent of the Depositor or Company, the Master Servicer and of the Trustee, or any Affiliate of the Depositor or the Master Servicerthereof, (bii) does not have any direct financial interest or any material indirect financial interest in the Depositor or Company, the Master Servicer or any the Trustee or in an Affiliate of the Depositor or the Master Servicer thereof, and (ciii) is not connected with the Depositor or Company, the Master Servicer or any Affiliate the Trustee as an officer, employee, promoter, underwriter, trustee, partner, director or person performing similar functions.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Phoenix Residential Securities, LLC), Pooling and Servicing Agreement (Phoenix Residential Securities, LLC), Pooling and Servicing Agreement (Residential Accredit Loans Inc)

Independent. When used with respect to any specified Person, this term means that such a Person who (ai) is in fact independent of the Depositor or Company, the Master Servicer and of the Trustee, or any Affiliate of the Depositor or the Master Servicerthereof, (bii) does not have any direct financial interest or any material indirect financial interest in the Depositor Company, the Servicer or the Master Servicer Trustee or any in an Affiliate of the Depositor or the Master Servicer thereof, and (ciii) is not connected with the Depositor Company, the Servicer or the Master Servicer or any Affiliate Trustee as an officer, employee, promoter, underwriter, trustee, partner, director or person performing similar functions.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Gmacm Mortgage Loan Trust 2005-J1), Pooling and Servicing Agreement (GMACM Mortgage Loan Trust 2005-Ar2)

Independent. When used with respect to any specified Person, this term means that such a Person who (ai) is in fact independent of the Depositor or Depositor, the Master Servicer Servicers and of the Trustee, or any Affiliate of the Depositor or the Master Servicerthereof, (bii) does not have any direct financial interest or any material indirect financial interest in the Depositor Depositor, the Master Servicers or the Master Servicer Trustee or any in an Affiliate of the Depositor or the Master Servicer thereof, and (ciii) is not connected with the Depositor Depositor, the Master Servicers or the Master Servicer or any Affiliate Trustee as an officer, employee, promoter, underwriter, trustee, partner, director or person performing similar functions.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Ba Mortgage Securities Mortgage Pass Through Cert Ser 1997 1)

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Independent. When used with respect to any specified Person, this term Person means that such a Person who (ai) is in fact independent of the Depositor or Depositor, the Certificate Administrator, the Master Servicer and of any Affiliate of the Depositor or the Master each Servicer, (bii) does not have any direct financial interest or any material indirect financial interest in the Depositor or Depositor, the Certificate Administrator, the Master Servicer, either Servicer or in an affiliate of any Affiliate of the Depositor or the Master Servicer them, and (ciii) is not connected with the Depositor or Depositor, the Master Servicer or any Affiliate either Servicer as an officer, employee, promoter, underwriter, trustee, partner, director or person performing similar functions.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Wachovia Mortgage Loan Trust, Series 2006-A)

Independent. When used with respect to any specified Person, this term means that such Person (a) is in fact independent of the Depositor Depositor, or the applicable Master Servicer and of any Affiliate of the Depositor or the applicable Master Servicer, (b) does not have any direct financial interest or any material indirect financial interest in the Depositor or the such Master Servicer Servicer, or any Affiliate of the Depositor or the such Master Servicer Servicer, and (c) is not connected with the Depositor or the Master Servicer or any Affiliate as an officer, employee, promoter, underwriter, trustee, partner, director or person performing similar functions.or

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CMC Securities Corp Iii)

Independent. When used with respect to any specified Person, this term means that such Person (a) is in fact independent of the Depositor or the Master Servicer and of any Affiliate of the Depositor or the Master Servicer, (b) does not have any direct financial interest or any material indirect financial interest in the Depositor or the Master Servicer Servicer, or any Affiliate of the Depositor or the Master Servicer Servicer, and (c) is not connected with the Depositor or the Master Servicer Servicer, or any Affiliate as an officer, employee, promoter, underwriter, trustee, partner, director or person performing similar functions.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Trust 2003 -Abf1)

Independent. When used with respect to any specified Person, this term Person means that such a Person who (ai) is in fact independent of the Depositor or Depositor, the Master Servicer Mortgage Loan Seller and of any Affiliate of the Depositor or the Master Servicer, (bii) does not have any direct financial interest or any material indirect financial interest in the Depositor Depositor, the Mortgage Loan Seller or the Master Servicer or any in an Affiliate of the Depositor or the Master Servicer any of them, and (ciii) is not connected with the Depositor Depositor, the Mortgage Loan Seller or the Master Servicer or any Affiliate as an officer, employee, promoter, underwriter, trustee, partner, director or person performing similar functions.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (National City Mortgage Capital Trust 2008-1)

Independent. When used with respect to any specified Person, this term Person means that such a Person who (ai) is in fact independent of the Depositor or the Master Servicer and of any Affiliate of the Depositor or the Master Servicer, (bii) does not have any direct financial interest or any material indirect financial interest in the Depositor or the Master Servicer or any Affiliate in an affiliate of the Depositor or the Master Servicer either, and (ciii) is not connected with the Depositor or the Master Servicer or any Affiliate as an officer, employee, promoter, underwriter, trustee, partner, director or person performing similar functions.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Sequoia Mortgage Funding Corp)

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