Common use of Additional Provisions Regarding the Class Clause in Contracts

Additional Provisions Regarding the Class. A-3 Pass- -------------------------------------------------- Through Rates on the Class A-3 Certificates. ------------------------------------------- The determination of a Class A-3 Pass-Through Rate by the Auction Agent, the Trustee or any other Person pursuant to the provisions of the applicable Section of this Article 2 shall be conclusive and binding on the Certificateholders of Class A-3 Certificates to which such Class A-3 Pass-Through Rate applies, and the Trustee may rely thereon for all purposes. In no event shall the cumulative amount of interest paid or payable on the Class A-3 Certificates (including interest calculated as provided herein, plus any other amounts that constitute interest on the Class A-3 Certificates under applicable law, which are contracted for, charged, reserved, taken or received pursuant to the Class A-3 Certificates or related documents) calculated from the date of issuance of the Class A-3 Certificates through any subsequent day during the term of the Auction Rate or otherwise prior to payment in full of the Class A-3 Certificates exceed the amount permitted by applicable law. If the applicable law is ever judicially interpreted so as to render usurious any amount called for under the Class A-3 Certificates or related documents or otherwise contracted for, charged, reserved, taken or received in connection with the Class A-3 Certificates, or if the acceleration of the maturity of the Class A-3 Certificates results in payment to or receipt by the Certificateholder or any former Certificateholder of the Class A-3 Certificates of any interest in excess of that permitted by applicable law, then, notwithstanding any provision of the Class A-3 Certificates or related documents to the contrary, all excess amounts theretofore paid or received with respect to the Class A-3 Certificates shall be credited on the principal balance of the Class A-3 Certificates (or, if the Class A-3 Certificates have been paid or would thereby be paid in full, refunded by the recipient thereof), and the provisions of the Class A-3 Certificates and related documents shall automatically and immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for under the Class A-3 Certificates and under the related documents.

Additional Provisions Regarding the Class. A-3 Pass- -------------------------------------------------- II A-2 Pass-Through Rates on the -------------------------------------------------------------------------- Class A-3 II A-2 Certificates. ------------------------------------------- ------------------------- The determination of a Class A-3 II A-2 Pass-Through Rate by the Auction Agent, the Trustee or any other Person pursuant to the provisions of the applicable Section of this Article 2 shall be conclusive and binding on the Certificateholders of Class A-3 II A-2 Certificates to which such Class A-3 II A-2 Pass-Through Rate applies, and the Trustee may rely thereon for all purposes. In no event shall the cumulative amount of interest paid or payable on the Class A-3 II A-2 Certificates (including interest calculated as provided herein, plus any other amounts that constitute interest on the Class A-3 II A-2 Certificates under applicable law, which are contracted for, charged, reserved, taken or received pursuant to the Class A-3 II A-2 Certificates or related documents) calculated from the date of issuance of the Class A-3 II A-2 Certificates through any subsequent day during the term of the Auction Rate or otherwise prior to payment in full of the Class A-3 II A-2 Certificates exceed the amount permitted by applicable law. If the applicable law is ever judicially interpreted so as to render usurious any amount called for under the Class A-3 II A-2 Certificates or related documents or otherwise contracted for, charged, reserved, taken or received in connection with the Class A-3 II A-2 Certificates, or if the acceleration of the maturity of the Class A-3 II A-2 Certificates results in payment to or receipt by the Certificateholder or any former Certificateholder of the Class A-3 II A-2 Certificates of any interest in excess of that permitted by applicable law, then, notwithstanding any provision of the Class A-3 II A-2 Certificates or related documents to the contrary, all excess amounts theretofore paid or received with respect to the Class A-3 II A-2 Certificates shall be credited on the principal balance of the Class A-3 II A-2 Certificates (or, if the Class A-3 II A-2 Certificates have been paid or would thereby be paid in full, refunded by the recipient thereof), and the provisions of the Class A-3 II A-2 Certificates and related documents shall automatically and immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for under the Class A-3 II A-2 Certificates and under the related documents.. Schedule I-17

Additional Provisions Regarding the Class. A-3 Pass- -------------------------------------------------- II A-2 Pass-Through ------------------------------------------------------------- Rates on the Class A-3 II A-2 Certificates. ------------------------------------------- -------------------------------------- The determination of a Class A-3 II A-2 Pass-Through Rate by the Auction Agent, the Trustee or any other Person pursuant to the provisions of the applicable Section of this Article 2 shall be conclusive and binding on the Certificateholders of Class A-3 II A-2 Certificates to which such Class A-3 II A-2 Pass-Through Rate applies, and the Trustee may rely thereon for all purposes. In no event shall the cumulative amount of interest paid or payable on the Class A-3 II A-2 Certificates (including interest calculated as provided herein, plus any other amounts that constitute interest on the Class A-3 II A-2 Certificates under applicable law, which are contracted for, charged, reserved, taken or received pursuant to the Class A-3 II A-2 Certificates or related documents) calculated from the date of issuance of the Class A-3 II A-2 Certificates through any subsequent day during the term of the Auction Rate or otherwise prior to payment in full of the Class A-3 II A-2 Certificates exceed the amount permitted by applicable law. If the applicable law is ever judicially interpreted so as to render usurious any amount called for under the Class A-3 II A-2 Certificates or related documents or otherwise contracted for, charged, reserved, taken or received in connection with the Class A-3 II A-2 Certificates, or if the acceleration of the maturity of the Class A-3 II A-2 Certificates results in payment to or receipt by the Certificateholder or any former Certificateholder of the Class A-3 II A-2 Certificates of any interest in excess of that permitted by applicable law, then, notwithstanding any provision of the Class A-3 II A-2 Certificates or related documents to the contrary, all excess amounts theretofore paid or received with respect to the Class A-3 II A-2 Certificates shall be credited on the principal balance of the Class A-3 II A-2 Certificates (or, if the Class A-3 II A-2 Certificates have been paid or would thereby be paid in full, refunded by the recipient thereof), and the provisions of the Class A-3 II A-2 Certificates and related documents shall automatically and immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for under the Class A-3 II A-2 Certificates and under the related documents.

Additional Provisions Regarding the Class. A-3 Pass- -------------------------------------------------- Pass-Through ---------------------------------------------------------- Rates on the Class A-3 Certificates. ------------------------------------------- ----------------------------------- The determination of a Class A-3 Pass-Through Rate by the Auction Agent, the Trustee or any other Person pursuant to the provisions of the applicable Section of this Article 2 shall be conclusive and binding on the Certificateholders of Class A-3 Certificates to which such Class A-3 Pass-Through Rate applies, and the Trustee may rely thereon for all purposes. In no event shall the cumulative amount of interest paid or payable on the Class A-3 Certificates (including interest calculated as provided herein, plus any other amounts that constitute interest on the Class A-3 Certificates under applicable law, which are contracted for, charged, reserved, taken or received pursuant to the Class A-3 Certificates or related documents) calculated from the date of issuance of the Class A-3 Certificates through any subsequent day during the term of the Auction Rate or otherwise prior to payment in full of the Class A-3 Certificates exceed the amount permitted by applicable law. If the applicable law is ever judicially interpreted so as to render usurious any amount called for under the Class A-3 Certificates or related documents or otherwise contracted for, charged, reserved, taken or received in connection with the Class A-3 Schedule I-16 Certificates, or if the acceleration of the maturity of the Class A-3 Certificates results in payment to or receipt by the Certificateholder or any former Certificateholder of the Class A-3 Certificates of any interest in excess of that permitted by applicable law, then, notwithstanding any provision of the Class A-3 Certificates or related documents to the contrary, all excess amounts theretofore paid or received with respect to the Class A-3 Certificates shall be credited on the principal balance of the Class A-3 Certificates (or, if the Class A-3 Certificates have been paid or would thereby be paid in full, refunded by the recipient thereof), and the provisions of the Class A-3 Certificates and related documents shall automatically and immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for under the Class A-3 Certificates and under the related documents.

Additional Provisions Regarding the Class. A-3 Pass- -------------------------------------------------- A-2 Pass-Through ---------------------------------------------------------- Rates on the Class A-3 A-2 Certificates. ------------------------------------------- ----------------------------------- The determination of a Class A-3 A-2 Pass-Through Rate by the Auction Agent, the Trustee or any other Person pursuant to the provisions of the applicable Section of this Article 2 shall be conclusive and binding on the Certificateholders of Class A-3 A-2 Certificates to which such Class A-3 A-2 Pass-Through Rate applies, and the Trustee may rely thereon for all purposes. In no event shall the cumulative amount of interest paid or payable on the Class A-3 A-2 Certificates (including interest calculated as provided herein, plus any other amounts that constitute interest on the Class A-3 A-2 Certificates under applicable law, which are contracted for, charged, reserved, taken or received pursuant to the Class A-3 A-2 Certificates or related documents) calculated from the date of issuance of the Class A-3 A-2 Certificates through any subsequent day during the term of the Auction Rate or otherwise prior to payment in full of the Class A-3 A-2 Certificates exceed the amount permitted by applicable law. If the applicable law is ever judicially interpreted so as to render usurious any amount called for under the Class A-3 A-2 Certificates or related documents or otherwise contracted for, charged, reserved, taken or received in connection with the Class A-3 A-2 Certificates, or if the acceleration of the maturity of the Class A-3 A-2 Certificates results in payment to or receipt by the Certificateholder or any former Certificateholder of the Class A-3 A-2 Certificates of any interest in excess of that permitted by applicable law, then, notwithstanding any provision of the Class A-3 A-2 Certificates or related documents to the contrary, all excess amounts theretofore paid or received with respect to the Class A-3 A-2 Certificates shall be credited on the principal balance of the Class A-3 A-2 Certificates (or, if the Class A-3 A-2 Certificates have been paid or would thereby be paid in full, refunded by the recipient thereof), and the provisions of the Class A-3 A-2 Certificates and related documents shall automatically and immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for under the Class A-3 A-2 Certificates and under the related documents.