Bankruptcy Code. Subject to Part 5(m), without limiting the applicability if any, of any other provision of the U.S. Bankruptcy Code as amended (the “Bankruptcy Code”) (including without limitation Sections 362, 546, 556, and 560 thereof and the applicable definitions in Section 101 thereof), the parties acknowledge and agree that all Transactions entered into hereunder will constitute “forward contracts” or “swap agreements” as defined in Section 101 of the Bankruptcy Code or “commodity contracts” as defined in Section 761 of the Bankruptcy Code, that the rights of the parties under Section 6 of this Agreement will constitute contractual rights to liquidate Transactions, that any margin or collateral provided under any margin, collateral, security, pledge, or similar agreement related hereto will constitute a “margin payment” as defined in Section 101 of the Bankruptcy Code, and that the parties are entities entitled to the rights under, and protections afforded by, Sections 362, 546, 556, and 560 of the Bankruptcy Code.
Appears in 30 contracts
Samples: Pooling and Servicing Agreement (Soundview Home Loan Trust 2007-Ns1), Master Agreement (CWABS Asset-Backed Certificates Trust 2007-8), Pooling and Servicing Agreement (Soundview Home Loan Trust 2007-Opt1)
Bankruptcy Code. Subject to Part 5(m), without limiting the applicability if any, of any other provision of the U.S. Bankruptcy Code as amended (the “"Bankruptcy Code”") (including without limitation Sections 362, 546, 556, and 560 thereof and the applicable definitions in Section 101 thereof), the parties acknowledge and agree that all Transactions entered into hereunder will constitute “"forward contracts” " or “"swap agreements” " as defined in Section 101 of the Bankruptcy Code or “"commodity contracts” " as defined in Section 761 of the Bankruptcy Code, that the rights of the parties under Section 6 of this Agreement will constitute contractual rights to liquidate Transactions, that any margin or collateral provided under any margin, collateral, security, pledge, or similar agreement related hereto will constitute a “"margin payment” " as defined in Section 101 of the Bankruptcy Code, and that the parties are entities entitled to the rights under, and protections afforded by, Sections 362, 546, 556, and 560 of the Bankruptcy Code.
Appears in 11 contracts
Samples: Isda 1992 Master Agreement (ML-CFC Commercial Mortgage Trust 2006-4), Isda 1992 Master Agreement (ML-CFC Commercial Mortgage Trust 2006-4), Pooling and Servicing Agreement (C-Bass Mortgage Loan Asset Backed Certificates, Series 2007-Cb4)
Bankruptcy Code. Subject to Part 5(m), without Without limiting the applicability applicability, if any, of any other provision of the U.S. Bankruptcy Code as amended (the “"Bankruptcy Code”") (including without limitation Sections 362, 546, 556, and 560 thereof and the applicable definitions in Section 101 thereof), the parties acknowledge and agree that all Transactions entered into hereunder will constitute “"forward contracts” " or “"swap agreements” " as defined in Section 101 of the Bankruptcy Code or “"commodity contracts” " as defined in Section 761 of the Bankruptcy Code, that the rights of the parties under Section 6 of this Agreement will constitute contractual rights to liquidate Transactions, that any margin or collateral provided under any margin, collateral, security, pledge, or similar agreement related hereto will constitute a “"margin payment” " as defined in Section 101 of the Bankruptcy Code, and that the parties are entities entitled to the rights under, and protections afforded by, Sections 362, 546, 556, and 560 of the Bankruptcy Code.
Appears in 9 contracts
Samples: Master Agreement (Mmca Auto Owner Trust 2001-3), Master Agreement (Mmca Auto Owner Trust 2001 2), Isda Master Agreement (Mmca Auto Owner Trust 2002-1)
Bankruptcy Code. Subject to Part 5(m), without limiting the applicability applicability, if any, of any other provision of the U.S. Bankruptcy Code as amended (the “Bankruptcy Code”) (including without limitation Sections 362, 546, 556, 556 and 560 thereof and the applicable definitions in Section 101 thereof), the parties acknowledge and agree that all Transactions entered into hereunder will constitute “forward contracts” or “swap agreements” as defined in Section 101 of the Bankruptcy Code or “commodity contracts” as defined in Section 761 of the Bankruptcy Code, that the rights of the parties under Section 6 of this Agreement will constitute contractual rights to liquidate Transactions, that any margin or collateral provided under any margin, collateral, security, pledge, pledge or similar agreement related hereto will constitute a “margin payment” as defined in Section 101 of the Bankruptcy Code, Code and that the parties are entities entitled to the rights under, and protections afforded by, Sections 362, 546, 556, 556 and 560 of the Bankruptcy Code.
Appears in 5 contracts
Samples: Master Agreement (CWABS Asset-Backed Certificates Trust 2007-9), Isda Master Agreement (Alternative Loan Trust 2007-Hy8c), Master Agreement (CWABS Asset-Backed Certificates Trust 2007-11)
Bankruptcy Code. Subject to Part 5(m), without Without limiting the applicability if any, of any other provision of the U.S. Bankruptcy Code as amended (the “"Bankruptcy Code”") (including without limitation Sections 362, 546, 556, and 560 thereof and the applicable definitions in Section 101 thereof), the parties acknowledge and agree that all Transactions entered into hereunder will constitute “"forward contracts” " or “"swap agreements” " as defined in Section 101 of the Bankruptcy Code or “"commodity contracts” " as defined in Section 761 of the Bankruptcy Code, that the rights of the parties under Section 6 of this Agreement will constitute contractual rights to liquidate Transactions, that any margin or collateral provided under any margin, collateral, security, pledge, or similar agreement related hereto will constitute a “"margin payment” " as defined in Section 101 of the Bankruptcy Code, and that the parties are entities entitled to the rights under, and protections afforded by, Sections 362, 546, 556, and 560 of the Bankruptcy Code.
Appears in 5 contracts
Samples: Master Agreement (Ford Credit Auto Receivables Two LLC), Master Agreement (Ford Credit Auto Receivables Two L P), Master Agreement (Ford Credit Auto Receivables Two L P)
Bankruptcy Code. Subject to Part 5(m5(n), without limiting the applicability if any, of any other provision of the U.S. Bankruptcy Code as amended (the “"Bankruptcy Code”") (including without limitation Sections 362, 546, 556, and 560 thereof and the applicable definitions in Section 101 thereof), the parties acknowledge and agree that all Transactions entered into hereunder will constitute “"forward contracts” " or “"swap agreements” " as defined in Section 101 of the Bankruptcy Code or “"commodity contracts” " as defined in Section 761 of the Bankruptcy Code, that the rights of the parties under Section 6 of this Agreement will constitute contractual rights to liquidate Transactions, that any margin or collateral provided under any margin, collateral, security, pledge, or similar agreement related hereto will constitute a “"margin payment” " as defined in Section 101 of the Bankruptcy Code, and that the parties are entities entitled to the rights under, and protections afforded by, Sections 362, 546, 556, and 560 of the Bankruptcy Code.
Appears in 3 contracts
Samples: Administration Agreement (CWABS Asset-Backed Certificates Trust 2006-26), Pooling and Servicing Agreement (CWABS Asset-Backed Certificates Trust 2006-22), Master Agreement (Alternative Loan Trust 2006-Oc10)
Bankruptcy Code. Subject to Part 5(m), without Without limiting the applicability if any, of any other provision of the U.S. Bankruptcy Code as amended from time to time (the “Bankruptcy Code”) (including without limitation Sections 362, 546, 556, and 560 thereof and the applicable definitions in Section 101 thereof), the parties acknowledge and agree that all Transactions entered into hereunder will constitute “forward contracts” or “swap agreements” as defined in Section 101 of the Bankruptcy Code or “commodity contracts” as defined in Section 761 of the Bankruptcy Code, that the rights of the parties under Section 6 of this Agreement will constitute contractual rights to liquidate Transactions, that any margin or collateral provided under any margin, collateral, security, pledge, or similar agreement related hereto will constitute a “margin payment” as defined in Section 101 of the Bankruptcy Code, and that the parties are entities entitled to the rights under, and protections afforded by, Sections 362, 546, 556, and 560 of the Bankruptcy Code.
Appears in 2 contracts
Samples: Isda Master Agreement, Master Agreement
Bankruptcy Code. Subject to Part 5(m), without Without limiting the applicability applicability, if any, of any other provision of the U.S. Bankruptcy Code as amended (the “Bankruptcy Code”"BANKRUPTCY CODE") (including without limitation Sections 362, 546, 556, and 560 thereof and the applicable definitions in Section 101 thereof), the parties acknowledge and agree that all Transactions entered into hereunder will constitute “"forward contracts” " or “"swap agreements” " as defined in Section 101 of the Bankruptcy Code or “"commodity contracts” " as defined in Section 761 of the Bankruptcy Code, that the rights of the parties under Section 6 of this Agreement will constitute contractual rights to liquidate Transactions, that any margin or collateral provided under any margin, collateral, security, pledge, or similar agreement related hereto will constitute a “"margin payment” " as defined in Section 101 of the Bankruptcy Code, and that the parties are entities entitled to the rights under, and protections afforded by, Sections 362, 546, 556, and 560 of the Bankruptcy Code.
Appears in 1 contract
Bankruptcy Code. Subject to Part 5(m), without Without limiting the applicability if any, of any other provision of the U.S. Bankruptcy Code as amended (the “Bankruptcy Code”) (including without limitation Sections 362, 546, 556, and 560 thereof and the applicable definitions in Section 101 thereof), the parties acknowledge and agree that all Transactions entered into hereunder will constitute “forward contracts” or “swap agreements” as defined in Section 101 of the Bankruptcy Code or “commodity contracts” as defined in Section 761 of the Bankruptcy Code, that the rights of the parties under Section 6 of this Agreement will constitute contractual rights to liquidate Transactions, that any margin or collateral provided under any margin, collateral, security, pledge, or similar agreement related hereto will constitute a “margin payment” as defined in Section 101 of the Bankruptcy Code, and that the parties are entities entitled to the rights under, and protections afforded by, Sections 362, 546, 556, and 560 of the Bankruptcy Code.
Appears in 1 contract
Bankruptcy Code. Subject to Part 5(m), without limiting the applicability if any, of any other provision of the U.S. Bankruptcy Code as amended (the “"Bankruptcy Code”") (including without limitation Sections 362, 546, 556, and 560 thereof and the applicable definitions in Section 101 thereof), the parties acknowledge and agree that all Transactions entered into hereunder will constitute “"forward contracts” " or “"swap agreements” " as defined in Section 101 of the Bankruptcy Code or “"commodity contracts” " as defined in Section 761 of the Bankruptcy Code, that the rights of the parties INDX 2007-FLX3 Schedule 16 under Section 6 of this Agreement will constitute contractual rights to liquidate Transactions, that any margin or collateral provided under any margin, collateral, security, pledge, or similar agreement related hereto will constitute a “"margin payment” " as defined in Section 101 of the Bankruptcy Code, and that the parties are entities entitled to the rights under, and protections afforded by, Sections 362, 546, 556, and 560 of the Bankruptcy Code.
Appears in 1 contract
Bankruptcy Code. Subject to Part 5(m), without limiting the applicability if any, of any other provision of the U.S. Bankruptcy Code as amended (the “"Bankruptcy Code”") (including without limitation Sections 362, 546, 556, and 560 thereof and the applicable definitions in Section 101 thereof), the parties acknowledge and agree that all Transactions entered into hereunder will constitute “"forward contracts” " or “"swap agreements” " as defined in Section 101 of the Bankruptcy Code or “"commodity contracts” " as defined in Section 761 of the Bankruptcy Code, that the rights of the parties under Section 6 of this Agreement will constitute contractual rights to liquidate Transactions, that any Indy Mac INDX Mortgage Loan Trust 2006-AR41 Schedule margin or collateral provided under any margin, collateral, security, pledge, or similar agreement related hereto will constitute a “"margin payment” " as defined in Section 101 of the Bankruptcy Code, and that the parties are entities entitled to the rights under, and protections afforded by, Sections 362, 546, 556, and 560 of the Bankruptcy Code.
Appears in 1 contract
Samples: Master Agreement (IndyMac INDX Mortgage Loan Trust 2006-Ar41)
Bankruptcy Code. Subject to Part 5(m), without limiting the applicability if any, of any other provision of the U.S. Bankruptcy Code as amended (the “"Bankruptcy Code”") (including without limitation Sections 362, 546, 556, and 560 thereof and the applicable definitions in Section 101 thereof), the parties acknowledge and agree that all Transactions entered into hereunder will constitute “"forward contracts” " or “"swap agreements” " as defined in Section 101 of the Bankruptcy Code or “"commodity contracts” " as defined in Section 761 of the Bankruptcy Code, that the rights of the parties Reference Number: 1143052 under Section 6 of this Agreement will constitute contractual rights to liquidate Transactions, that any margin or collateral provided under any margin, collateral, security, pledge, or similar agreement related hereto will constitute a “"margin payment” " as defined in Section 101 of the Bankruptcy Code, and that the parties are entities entitled to the rights under, and protections afforded by, Sections 362, 546, 556, and 560 of the Bankruptcy Code.
Appears in 1 contract
Samples: Assignment Agreement (CWHEQ Home Equity Loan Trust, Series 2006-S7)
Bankruptcy Code. Subject to Part 5(m5(l), without limiting the applicability if any, of any other provision of the U.S. Bankruptcy Code as amended (the “Bankruptcy Code”) (including without limitation Sections 362, 546, 556, and 560 thereof and the applicable definitions in Section 101 thereof), the parties acknowledge and agree that all Transactions entered into hereunder will constitute “forward contracts” or “swap agreements” as defined in Section 101 of the Bankruptcy Code or “commodity contracts” as defined in Section 761 of the Bankruptcy Code, that the rights of the parties under Section 6 of this Agreement will constitute contractual rights to liquidate Transactions, that any margin or collateral provided under any margin, collateral, security, pledge, or similar agreement related hereto will constitute a “margin payment” as defined in Section 101 of the Bankruptcy Code, and that the parties are entities entitled to the rights under, and protections afforded by, Sections 362, 546, 556, and 560 of the Bankruptcy Code.
Appears in 1 contract
