Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transaction. It is also capable of assuming, and assumes, the risks of that Transaction.
Appears in 446 contracts
Samples: 2002 Master Agreement, 2002 Master Agreement (Verizon Master Trust), Payment Agreement
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transaction. It is also capable of assuming, and assumes, the financial and other risks of that Transaction.
Appears in 184 contracts
Samples: Currency Swap Transaction, Isda Master Agreement, Isda Master Agreement
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that the Transaction. It is also capable of assuming, and assumes, the risks of that the Transaction.
Appears in 85 contracts
Samples: Otc Equity Prepaid Forward Transaction (Aeries Technology, Inc.), Otc Equity Prepaid Forward Transaction (Atlantic Coastal Acquisition Corp. II), Otc Equity Prepaid Forward Transaction (Grafiti Holding Inc.)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that this Transaction. It is also capable of assuming, and assumes, the risks of that this Transaction.
Appears in 49 contracts
Samples: Confirmation, Confirmation, Confirmation
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transaction. It is also capable of assuming, and assumes, assumes the risks of that Transaction.
Appears in 48 contracts
Samples: Interest Rate Swap Transaction (Arcos Dorados Holdings Inc.), Interest Rate Swap Transaction (Standard Parking Corp), Partial Termination of an Interest Rate Swap Transaction (National CineMedia, Inc.)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transactionthis Agreement. It is also capable of assuming, and assumes, the risks of that Transactionthis Agreement.
Appears in 42 contracts
Samples: Limited Assignment Agreement, Isda Master Agreement (Capital One Master Trust), Isda Master Agreement (BA Credit Card Trust)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, accepts the terms, terms and conditions and risks of that Transaction. It is also capable of assuming, and assumes, the risks of that Transaction.
Appears in 26 contracts
Samples: Master Swap Agreement, Isda Master Agreement (MacroShares $100 Oil Down Trust), Isda Master Agreement (Criimi Mae Inc)
Assessment and Understanding. It is capable of assessing the merits of and evaluating and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transaction. It is also capable of assuming, and assumes, the financial and other risks of that Transaction.
Appears in 20 contracts
Samples: Distribution Agreement (PNM Resources Inc), Distribution Agreement (American Electric Power Co Inc), Confirmation (PPL Corp)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, accepts the terms, conditions and risks of that Transaction. It is also capable of assuming, and assumes, the risks of that Transaction.
Appears in 17 contracts
Samples: Loan Agreement (Quintana Shipping Ltd.), Master Agreement (Hub International LTD), Isda Master Agreement (Goal Capital Funding, LLC)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transactionthe Agreement. It is also capable of assuming, and assumes, the risks of that Transactionthe Agreement.
Appears in 11 contracts
Samples: Confirmation (Toyota Motor Credit Receivables Corp), Master Agreement (Toyota Lease Trust), Isda Master Agreement (Toyota Auto Lease Trust 1998 C)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), ) and understands and accepts, accepts the terms, conditions and risks of that Transaction. It is also capable of assuming, and assumes, the risks of that Transaction.
Appears in 11 contracts
Samples: Isda Master Agreement, Isda Master Agreement, Isda Master Agreement
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transaction. It is also capable of assuming, assuming and assumes, the risks of that Transaction.
Appears in 7 contracts
Samples: 2002 Master Agreement, Isda Master Agreement, Isda Schedule
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that the Transaction. It is also capable of assuming, and assumes, the risks of that the Transaction.
Appears in 6 contracts
Samples: Isda Master Agreement (Jetblue Airways Corp), Isda Master Agreement (Jetblue Airways Corp), Isda Schedule (Jetblue Airways Corp)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transaction. It is also capable of assuming, and assumes, the risks of that Transaction.
Appears in 5 contracts
Samples: Target Redemption Forward With European Knock in Confirmation, Fading Forward Extra Transaction Confirmation, American Accrual Option Confirmation
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, accepts the terms, conditions and risks of that this Transaction. It is also capable of assuming, and assumes, the risks of that this Transaction.
Appears in 4 contracts
Samples: Rate Cap Transaction Agreement (Patient Safety Technologies, Inc), Rate Cap Transaction Agreement (Standard Parking Corp), Rate Cap Transaction Agreement (Standard Parking Corp)
Assessment and Understanding. It is capable of assessing the merits of evaluating and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transactionthis Agreement and each Transaction hereunder. It is also capable of assuming, and assumes, the all financial and other risks of that Transaction.this Agreement and each Transaction hereunder, and
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Mastr Asset Backed Securities Trust 2006-Nc1, Mortgage Pass-Through Certificates, Series 2006-Nc1), Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust, Series 2005-Ff7), Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2005-He2)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, accepts the terms, terms and conditions and risks of that this Transaction. It is also capable of assuming, and assumes, the risks of that the Transaction.
Appears in 4 contracts
Samples: Confirmation Agreement, Forward Rate Agreement, Usd/Offshore Deliverable Cny Capped Forward
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that this Transaction. It is also capable of assuming, and assumes, assumes the risks of that this Transaction.
Appears in 4 contracts
Samples: Isda Schedule to the Master Agreement for Interest Rate Swap (Crusade Global Trust No. 2 of 2006), Isda Schedule to the Master Agreement for Basis Swap (Crusade Global Trust No. 1 of 2007), Isda Schedule to the Master Agreement for Basis Swap (Crusade Global Trust No. 2 of 2006)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transaction. It is also capable of assuming, and assumes, the risks of that Transaction., and
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Nomura Asset Acceptance Corporation, Alternative Loan Trust, Series 2006-Wf1), Pooling and Servicing Agreement (Nomura Home Equity Loan, Inc., Home Equity Loan Trust, Series 2006-Af1), Pooling and Servicing Agreement (Nomura Asset Acceptance Corporation, Alternative Loan Trust, Series 2006-Wf1)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, accepts the terms, conditions and risks of that Transactionthis Agreement and each Transaction hereunder. It is also capable of assuming, and assumes, the risks of that Transactionthis Agreement and each Transaction hereunder.β
Appears in 3 contracts
Samples: Isda Master Agreement, Isda Master Agreement (Barnes Group Inc), Isda Master Agreement (American Reprographics CO)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transaction. It is also capable of assuming, and and, assumes, the risks of that Transaction.
Appears in 2 contracts
Samples: Transaction Confirmation (Txu Corp /Tx/), Transaction Confirmation (Txu Corp /Tx/)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transaction. It is also capable of assuming, and assumes, the financial and other risks of that Transaction.. 38
Appears in 2 contracts
Samples: Isda Master Agreement (Granite Finance Trustees LTD), Isda Master Agreement (Granite Finance Trustees LTD)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and indeed it understands and accepts, accepts the terms, conditions and risks of that TransactionDerivatives Transactions. It is also capable of assuming, and assumes, β as indeed it does - the risks of that Derivatives Transaction.;
Appears in 2 contracts
Samples: Master Derivatives Agreement (Cosan S.A.), Master Derivatives Agreement (Cosan S.A.)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transaction. It is also capable of assuming, assuming and assumes, the risks risk of that Transaction.
Appears in 2 contracts
Samples: Interest Rate Swap Transaction (Trizec Properties Inc), Interest Rate Swap Transaction (Apria Healthcare Group Inc)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transaction. It is also capable of assuming, and assumes, the risks of that Transaction.; and
Appears in 2 contracts
Samples: Credit Agreement (Sunpower Corp), Isda 2002 Master Agreement (Arcos Dorados Holdings Inc.)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transaction. It is also capable of assuming, and assumes, the risks of that Transaction.
Appears in 1 contract
Samples: Master Repurchase Agreement (FS Investment Corp II)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that this Transaction. It is also capable of assuming, and assumes, the tile risks of that this Transaction.,
Appears in 1 contract
Samples: Interest Rate Swap Transaction (Town Sports International Holdings Inc)
Assessment and Understanding. It it is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that this Transaction. It is also capable of assuming, and assumes, the risks of that this Transaction.; and
Appears in 1 contract
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transaction. It is also capable of assuming, and assumes, the risks of that Transaction.,
Appears in 1 contract
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transaction. It is also capable of assuming, and and, assumes, the risks of that Transaction. .
Appears in 1 contract
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or of through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transaction. It is also capable of assuming, and assumes, the risks of that Transaction.
Appears in 1 contract
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transaction. It is also capable of assuming, and assumes, the risks of that Transaction. Notwithstanding the foregoing, the parties understand that the Trustee has been directed to enter into that Transaction.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Charming Shoppes Inc)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, accepts the terms, terms and conditions and risks of that Transaction. It is also capable of assuming, and assumes, the risks of that Transaction.
Appears in 1 contract
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through though independent professional advice), and understands and accepts, the terms, conditions and risks of that Transaction. It is also capable of assuming, and assumes, the risks of that Transaction.
Appears in 1 contract
Assessment and Understanding. It is capable of to assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that this Transaction. It is also capable of assuming, and assumes, the risks of that this Transaction.
Appears in 1 contract
Samples: Interest Rate Cap Transaction Confirmation (Franklin Credit Management Corp/De/)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that this Transaction. It is also capable of assuming, and assumes, the risks of that this Transaction.. (iii)
Appears in 1 contract
Samples: Derivative Transactions Agreement
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its it own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that this Transaction. It is also capable of assuming, and assumes, the risks of that this Transaction.
Appears in 1 contract
Samples: Novation Agreement (NovaStar Mortgage Funding Trust, Series 2005-1)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transaction. It is also capable of assuming, assuming and assumes, assumes the risks of that Transaction.
Appears in 1 contract
Samples: Interest Rate Swap Transaction (Waddell & Reed Financial Inc)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that this Transaction. It is also capable of assuming, and assumes, the financial and other risks of that this Transaction.
Appears in 1 contract
Samples: Forward Rate Agreement
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, accepts the terms, conditions and risks of that Transaction. It is also capable of assuming, and assumes, the financial and other risks of that Transaction.
Appears in 1 contract
Samples: Hedging Agreement
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of associated with that Transaction. It is also capable of assuming, and assumes, the risks of that Transaction.
Appears in 1 contract
Samples: Master Repurchase Agreement (FS Credit Real Estate Income Trust, Inc.)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Buy/Sell Transaction. It is also capable of assuming, and assumes, the risks of that Buy/Sell Transaction.
Appears in 1 contract
Samples: First Lien Isda Schedule (Par Pacific Holdings, Inc.)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that this Transaction. It is also capable of assuming, and assumes, the risks of that this Transaction.
Appears in 1 contract
Samples: Novation Agreement (NovaStar Certificates Financing CORP)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transaction. It is also capable of assuming, and assumes, the risks of that Transaction.
Appears in 1 contract
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that the Transaction. It is also capable of assuming, and assumes, the risks of that the Transaction.. c.
Appears in 1 contract
Samples: Otc Equity Prepaid Forward Transaction (PROOF Acquisition Corp I)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transaction. this Transaction It is also capable of assuming, and assumesassumed, the risks of that this Transaction.
Appears in 1 contract
Samples: Interest Rate Swap Transaction (Town Sports International Holdings Inc)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, accepts the terms, terms and conditions and risks of that Transactionthe Assigned Transactions. It is also capable of assuming, and assumes, the risks of that Transactionthe Assigned Transactions.
Appears in 1 contract
Samples: Transfer, Consent and Assignment Agreement (Golden State Water CO)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that this Transaction. It is also capable of assuming, and assumes, the risks of that this Transaction.
Appears in 1 contract
Samples: Assignment Agreement (CWHEQ Home Equity Loan Trust, Series 2006-S9)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transaction. Transaction It is also capable of assuming, and assumes, the risks of that Transaction.
Appears in 1 contract
Samples: Isda Master Agreement (Banco Santander Central Hispano Sa)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transaction. It is also capable of assuming, and assumes, assumes the risks of that Transaction.
Appears in 1 contract
Samples: Loan Agreement (Tiffany & Co)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, terms conditions and risks of that this Transaction. It is also capable of assuming, and assumes, the risks of that this Transaction.
Appears in 1 contract
Samples: Interest Rate Swap Transaction Confirmation (Corporate Office Properties Trust)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transaction. It is also capable of assuming, and assumes, the financial and other risks of that Transaction.
Appears in 1 contract
Samples: Isda Master Agreement (Tsakos Energy Navigation LTD)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, accepts the terms, terms and conditions and risks of that such Transaction. It is also capable of assuming, and assumes, the risks of that the Transaction.
Appears in 1 contract
Samples: Master Agreement Addendum for Non Deliverable Forwards
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transactionthis Agreement and the Assignment Agreement. It is also capable of assuming, and assumes, the risks of that Transactionthis Agreement and the Assignment Agreement.
Appears in 1 contract
Samples: Limited Assignment Agreement
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transactionthis Agreement and the Assignment Agreements. It is also capable of assuming, and assumes, the risks of that Transactionthis Agreement and the Assignment Agreements.
Appears in 1 contract
Samples: Prepay Limited Assignment Agreements
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transaction. It is also capable of assuming, and assumes, assumes the risks of that Transaction.
Appears in 1 contract
Samples: Cap/Floor Collar Transaction (Cheesecake Factory Inc)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that the Transaction. It is also capable of assuming, and assumes, the risks of that the Transaction.;
Appears in 1 contract
Samples: Loan and Security Agreement (Bloomin' Brands, Inc.)
Assessment and Understanding. It is capable of assessing the merits of and understanding (on its own behalf or through independent professional adviceadvise), and understands and accepts, the terms, conditions and risks of that this Transaction. It is also capable of assuming, assuming and assumes, assumes the risks risk of that this Transaction.
Appears in 1 contract
Samples: Cross Currency Swap Transaction (Allied Nevada Gold Corp.)
