Common use of Calculation Agent Clause in Contracts

Calculation Agent. The Calculation Agent is Party A; provided, however, that if an Event of Default shall have occurred with respect to Party A, Party B shall have the right to appoint as Calculation Agent a third party, reasonably acceptable to Party A, the cost for which shall be borne by Party A.

Appears in 26 contracts

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2007-Wm2), Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2007-Sl1), Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2007-Asap2)

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Calculation Agent. The Calculation Agent is Party A; provided, however, that if an Event of Default shall have occurred with respect to Party A, Party B shall have the right to appoint as Calculation Agent a third partyfinancial institution which would qualify as a Reference Market-maker, reasonably acceptable to Party A, the cost for which shall be borne by Party A.

Appears in 15 contracts

Samples: Isda Master Agreement (CNH Capital Receivables LLC), Isda Master Agreement (CNH Capital Receivables LLC), Pooling and Servicing Agreement (Charming Shoppes Inc)

Calculation Agent. The Calculation Agent is Party A; provided, provided however, that if an Event of Default shall have occurred occurs and is continuing with respect to Party A, then Party B shall have the right be entitled to appoint a financial institution which would qualify as a Reference Market-maker to act as Calculation Agent a third party, reasonably acceptable to Party AAgent, the cost for which shall be borne by Party A.

Appears in 12 contracts

Samples: Master Agreement (CWABS Asset-Backed Certificates Trust 2007-9), Master Agreement (CWABS Asset-Backed Certificates Trust 2007-5), Master Agreement (CWABS Asset-Backed Certificates Trust 2007-7)

Calculation Agent. The Calculation Agent is Party A; provided, however, provided that if an Event of Default shall have occurred with respect Party A is a Defaulting Party, Party B may, by giving written notice to Party A, Party B shall have the right to appoint as a substitute Calculation Agent a third party, reasonably acceptable to Party A, the cost for which shall be borne by Party A.Agent.

Appears in 11 contracts

Samples: Isda Schedule, Basis Rate Swap Agreement, Basis Rate Swap Agreement (Fixed and Tracker)

Calculation Agent. The Calculation Agent is Party A; provided, provided however, that if an Event of Default shall have occurred occurs with respect to Party A, then the Calculation Agent shall be Party B or Party B shall have the right be entitled to appoint a financial institution which would qualify, as a Reference Market-maker to act as Calculation Agent a third party, reasonably acceptable to Party A, the cost for which shall be borne by Party A.Agent.

Appears in 8 contracts

Samples: Master Agreement (CWABS Asset-Backed Certificates Trust 2006-Abc1), Master Agreement (CWABS Asset-Backed Certificates Trust 2006-7), Master Agreement (CWABS Asset-Backed Certificates Trust 2006-12)

Calculation Agent. The Calculation Agent is Party A; provided, however, that if an Event of Default shall have has occurred with respect to Party A, a Reference Market-maker, as designated by Party B shall have the right to appoint as Calculation Agent a third partyB, reasonably acceptable to Party A, the cost for which shall be borne by Party A.the Calculation Agent.

Appears in 7 contracts

Samples: Master Agreement (Carrington Mortgage Loan Trust, Series 2006-Nc5), Master Agreement (Carrington Mortgage Loan Trust, Series 2007-Rfc1), Master Agreement (Carrington Mortgage Loan Trust, Series 2007-Fre1)

Calculation Agent. The Calculation Agent is Party A; providedA. If Party A is the Defaulting Party, howeverParty B shall be entitled, that if an Event of Default shall have occurred with respect by notice to Party A, Party B shall have to nominate a leading independent dealer in the right relevant market reasonably selected by it to appoint as be the Calculation Agent a third partyand, reasonably acceptable to Party Aupon such nomination, such leading independent dealer shall become the cost for which shall be borne by Party A.Calculation Agent.

Appears in 5 contracts

Samples: Isda Master Agreement, Isda Master Agreement, Isda Master Agreement

Calculation Agent. The Calculation Agent is Party A; provided, provided however, that if an Event of Default shall have has occurred with respect to Party A, then Party B or a Reference Market-maker designated by Party B shall have the right to appoint as be Calculation Agent a third party, reasonably acceptable to Party A, the cost for which shall be borne by Party A.Agent.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (Nomura Home Equity Loan, Inc., Home Equity Loan Trust, Series 2006-Fm2), Pooling and Servicing Agreement (Soundview Home Loan Trust 2006-A), Pooling and Servicing Agreement (Soundview Home Loan Trust 2006-Opt2)

Calculation Agent. The Calculation Agent is Party A; provided, provided however, that if an Event of Default shall have occurred occurs with respect to Party A, then Party B shall have the right be entitled to appoint a financial institution, that would qualify as a Reference Market-maker to act as Calculation Agent a third party, reasonably acceptable to Party A, the cost for which shall be borne by Party A.Agent.

Appears in 5 contracts

Samples: Isda Master Agreement (CHL Mortgage Pass-Through Trust 2007-4), Isda Master Agreement, Isda Master Agreement (Alternative Loan Trust 2006-7cb)

Calculation Agent. The Calculation Agent is Party A; provided, however, provided that if an Event of Default shall have occurred with respect and for as long as Party A is a Defaulting Party, Party B may, by giving written notice to Party A, Party B shall have appoint a leading dealer in the right relevant market to appoint act as Calculation Agent a third party, reasonably acceptable to Party A, the cost for which shall be borne by Party A.Agent.

Appears in 5 contracts

Samples: Isda Master Agreement, Initial Basis Hedge Agreement, Isda Schedule

Calculation Agent. The Calculation Agent is Party A, unless otherwise specified in a Confirmation in relation to the relevant Transaction; provided, however, that if an Event of Default shall have occurred with respect to Party AA is the Defaulting Party, Party B shall have the right select a Reference Market Maker to appoint act as Calculation Agent a third party, reasonably acceptable to Party AAgent, the cost for of which shall be borne by Party A.A. All calculations by the Calculation Agent shall be made in good faith and through the exercise of its commercially reasonable judgment.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2006-Nc3), Master Agreement (MASTR Adjustable Rate Mortgages Trust 2007-1), Swap Schedule (MASTR Adjustable Rate Mortgages Trust 2007-1)

Calculation Agent. The Calculation Agent is will be Party A; provided, however, that if an Event of Default shall have occurred with respect to Party A, Party B shall have the right to appoint as Calculation Agent a third party, reasonably acceptable to Party A, the cost for which shall be borne by Party A.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-Amc2), Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-Opx1), Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-Amc2)

Calculation Agent. The Calculation Agent is Party A; , provided, however, that if an Event of Default shall have occurred with respect to Party A, Party B shall have the right to appoint as Calculation Agent a third party, reasonably acceptable to Party A, the cost for which shall be borne by Party A.

Appears in 3 contracts

Samples: Swap Administration Agreement (Fremont Home Loan Trust 2006-D), Pooling and Servicing Agreement (Nomura Asset Acceptance Corporation, Alternative Loan Trust, Series 2006-Ar3), Pooling and Servicing Agreement (C-Bass Mortgage Loan Asset-Backed Certificates, Series 2006-Cb8)

Calculation Agent. The Calculation Agent is Party A; provided, however, provided that if an Event of Default shall have occurred with respect Party A is a Defaulting Party, Party B may, by giving written notice to Party A, Party B shall have the right to appoint as a substitute Calculation Agent that is a third party, reasonably acceptable to Party A, leading dealer in the cost relevant market for which shall be borne by Party A.the Transactions entered into hereunder.

Appears in 3 contracts

Samples: Isda Master Agreement, Isda Master Agreement, Isda Master Agreement

Calculation Agent. The Calculation Agent is Party A; provided, however, that if unless an Event of Default shall have or Potential Event of Default has occurred and is continuing with respect to Party AA or otherwise specified in a Confirmation in relation to the relevant Transaction, Party B shall have the right to in which case both parties will negotiate in good faith and appoint a mutually acceptable third party dealer as Calculation Agent. All determinations by the Calculation Agent a third party, reasonably acceptable are subject to Party A, the cost for which shall be borne agreement by Party A.A and Party B. If the parties are unable to agree on a particular calculation, another mutually acceptable third-party Calculation Agent which is a dealer in the relevant market will be appointed.

Appears in 2 contracts

Samples: Isda Master Agreement (Conseco Inc), Isda Master Agreement (Conseco Inc)

Calculation Agent. The Calculation Agent is Party A; provided, however, that if an Event of Default shall have occurred with respect to Party A, Party B the Depositor shall have the right to appoint as Calculation Agent a third party, reasonably acceptable to Party A, the cost for which shall be borne by Party A.

Appears in 2 contracts

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

Calculation Agent. The Calculation Agent is Party A; provided, however, provided that if an Event of Default shall have occurred with respect Party A is a Defaulting Party, Party B may, by giving written notice to Party A, appoint a substitute Calculation Agent. For the purpose of making any determination or calculation hereunder, the Calculation Agent may rely on any information, report, notice or certificate delivered to it by the Issuer Cash Manager or Party B shall have (the right to appoint as “Third Party Information”) and the Calculation Agent a third partywill not be liable for any error, reasonably acceptable to incompleteness or omission regarding such Third Party A, the cost for which shall be borne by Party A.Information.

Appears in 2 contracts

Samples: Isda Master Agreement, 1992 Isda Master Agreement

Calculation Agent. The Calculation Agent is Party A; provided, however, that if an Event of Default shall have occurred with respect to Party A, Party B shall have the right to appoint as Calculation Agent a third party, reasonably acceptable to Party A, the cost for which shall be borne by Party A.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2007-Ar2), Master Agreement (CWABS Asset-Backed Certificates Trust 2007-2)

Calculation Agent. The Calculation Agent is Party A; provided, provided however, that if an Event of Default shall have occurred occurs with respect to Party A, then the Calculation Agent shall be Party B or Party B shall have the right be entitled to appoint a financial institution which would qualify as a Reference Market-maker to act as Calculation Agent a third party, reasonably acceptable to Party A, the cost for which shall be borne by Party A.Agent.

Appears in 2 contracts

Samples: Isda Master Agreement (Alternative Loan Trust 2006-0c5), Isda Master Agreement (Alternative Loan Trust 2006-Oc8)

Calculation Agent. The Calculation Agent is Party A; provided, however, provided that if Party A is a Defaulting Party, Party B may, by giving written notice to Party A, appoint a substitute Calculation Agent that is a leading dealer in the relevant market for the Transactions entered into hereunder. A failure by Party A to perform its obligations as Calculation Agent will not give rise to an Event of Default shall have occurred with or a Termination Event in respect to Party A, Party B shall have the right to appoint as Calculation Agent a third party, reasonably acceptable to Party A, the cost for which shall be borne by of Party A.

Appears in 2 contracts

Samples: Currency Swap Transaction, Currency Swap Transaction

Calculation Agent. The Calculation Agent is Party A; provided, however, that if unless otherwise specified in a Confirmation in relation to the relevant Transaction or unless an Event of Default shall have occurred with respect applicable to Party AA has occurred and is continuing, in which case Party B shall have the right to appoint designate a third party to act as the Calculation Agent a third party, reasonably acceptable by giving notice to Party A, A. All determinations and calculations by the cost for which Calculation Agent shall be borne by Party A.(i) made in good faith and in a commercially reasonable manner and (ii) determined, where applicable, on the basis of then prevailing market rates or prices.

Appears in 2 contracts

Samples: Isda Master Agreement (Nelnet Student Loan Trust 2006-1), Isda Master Agreement (Nelnet Student Loan Trust 2006-2)

Calculation Agent. The Calculation Agent is Party A; provided, howeverunless otherwise specified in a Confirmation in relation to the relevant Transaction, that if and unless an Event of Default shall have has occurred (and is continuing) with respect to Party A, in which case a third party shall be appointed by Party A with consent of Party B shall have the right to appoint as Calculation Agent a third party, reasonably acceptable to Party A, the cost for which shall (such consent not be borne by Party A.unreasonably withheld or delayed).

Appears in 1 contract

Samples: Series Supplement (Cendant Corp)

Calculation Agent. The Calculation Agent is Party A; provided, however, that if an Event of Default shall have occurred with respect to Party AA is a Defaulting Party, Party B shall have the right to appoint as Calculation Agent a third party, reasonably acceptable to Party A, the cost for which shall be borne any designated third party mutually agreed to by the parties until such time as Party A.A is no longer a Defaulting Party.

Appears in 1 contract

Samples: Secured Hedging Facility Agreement (Atlas Resource Partners, L.P.)

Calculation Agent. The Calculation Agent is Party A; provided, however, that if an Event of Default shall have occurred with respect to Party A, Party B shall have the right to appoint a third party as Calculation Agent a third partyAgent, reasonably acceptable to Party A, the cost for which shall be borne by Party A.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-Ahl1)

Calculation Agent. The Calculation Agent is Party A; provided, however, that if an Event of Default shall have occurred with respect to Party A, Party B shall have the right to appoint as Calculation Agent a third party, reasonably acceptable to Party A, the cost for which shall be borne by Party A.A. Global No. N594317N

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2007-Wm2)

Calculation Agent. The Calculation Agent is Party A; provided, however, that if an Event of Default shall have occurred occurs and is continuing with respect to Party A, Party B shall have the right to appoint as Calculation Agent a third party, reasonably acceptable to Party A, the cost for which shall be borne the person designated as such by Party A.B.

Appears in 1 contract

Samples: Master Agreement (WFN Credit Co LLC)

Calculation Agent. The Calculation Agent is Party A; provided, however, that if an Event of Default shall have occurred with respect to A. Any failure by Party A, Party B shall have (as determined by the right Security Trustee, acting reasonably and in good faith), to appoint perform its role as Calculation Agent shall entitle Party B, by notice to the other parties hereto, to nominate itself or a third partyparty reasonably selected by it as Calculation Agent and, reasonably acceptable to upon such nomination, Party A, B or such third party shall become the cost for which shall be borne by Party A.Calculation Agent.

Appears in 1 contract

Samples: Covered Bond Swap Schedule

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Calculation Agent. The Calculation Agent is Party A; , provided, however, that if an Event of Default shall have occurred with respect to which Party AA is the Defaulting Party has occurred and is continuing, Party B shall have the right to appoint as Calculation Agent a third party, reasonably acceptable to Party A, the cost for which shall be borne a Reference Market-maker selected by Party A.B.

Appears in 1 contract

Samples: Isda Master Agreement

Calculation Agent. The Calculation Agent is Party A; provided, however, that if A an Event of Default shall have has occurred with respect to Party A, A in which case the Calculation Agent shall be a leading Reference Market-Maker selected by Party B shall have the right to appoint as Calculation Agent a third party, and reasonably acceptable to Party A, the cost for which shall be borne by Party A.

Appears in 1 contract

Samples: Isda Master Agreement (CNH Capital Receivables LLC)

Calculation Agent. The Calculation Agent is Party A; provided, however, that if unless otherwise specified in a Confirmation in relation to the relevant Transaction. If at any time an Event of Default shall have occurred is continuing with respect to Party A, then Party B shall have the right to appoint or an independent third party selected by Party B will act as Calculation Agent a third party, reasonably acceptable to Party A, the cost for which shall be borne by Party A.Agent.

Appears in 1 contract

Samples: 2002 Master Agreement (Samson Oil & Gas LTD)

Calculation Agent. The Calculation Agent is will be Party A; provided, however, that if it an Event of Default shall have occurred with in respect to of Party AA occurs and is continuing, Party B shall have the right to appoint as Calculation Agent will be a third party, reasonably acceptable party financial institution agreed to Party A, the cost for which shall be borne by Party A.A and Party B.

Appears in 1 contract

Samples: Isda 2002 Master Agreement (Arcos Dorados Holdings Inc.)

Calculation Agent. The Calculation Agent is Party A; provided, however, that if unless otherwise specified in a Confirmation in relation to the relevant Transaction or unless an Event of Default shall have occurred with respect applicable to Party AA has occurred and is continuing, in which case Party B shall have the right to appoint designate a third party to act as the Calculation Agent a third party, reasonably acceptable by giving notice to Party AA. All determinations and calculations by the Calculation Agent shall be (i) made in good faith and in a commercially reasonable manner and (ii) determined, where applicable, on the cost for which shall be borne by Party A.basis of then prevailing market rates or prices.

Appears in 1 contract

Samples: Isda Master Agreement (Goal Capital Funding, LLC)

Calculation Agent. The Calculation Agent is Party A; providedprovided , however, that if an Event of Default shall have occurred occurs with respect to Party A, the Party B shall have the right be entitled to appoint a financial institution that would qualify as a Reference Market-maker to act as Calculation Agent a third party, reasonably acceptable to Party A, the cost for which shall be borne by Party A.Agent.

Appears in 1 contract

Samples: Isda Master Agreement (Alternative Loan Trust 2006-0c5)

Calculation Agent. The Calculation Agent is Party A; providedA except where (i) Party A is a Defaulting Party or (ii) Party A fails to perform, howeverin the reasonable opinion of Party B, that if an obligation assumed by it as Calculation Agent for the purposes of any Transaction, in which case the Calculation Agent may be a third party selected by Party A and Party B acting reasonably. For the avoidance of doubt, failure by Party A to perform its obligations as Calculation Agent shall not constitute an Event of Default shall have occurred with respect to Party A, Party B shall have the right to appoint as Calculation Agent a third party, reasonably acceptable to Party A, the cost for which shall be borne by Party A.or Termination Event.

Appears in 1 contract

Samples: Master Agreement (Turquoise Funding I LTD)

Calculation Agent. The Calculation Agent is Party A, unless otherwise specified in a Confirmation in relation to the relevant Transaction; provided, however, that if an Event of Default shall have occurred with respect to Party AA is the Defaulting Party, Party B shall have the right to appoint select a Reference Market Maker to act as Calculation Agent a third party, reasonably acceptable to Party AAgent, the cost for of which shall be borne by Party A.A. All calculations by the Calculation Agent shall be made in good faith and through the exercise of its commercially reasonable judgment.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (MASTR Adjustable Rate Mortgages Trust 2007-Hf2)

Calculation Agent. The Calculation Agent is Party AA unless otherwise specified in a Confirmation in relation to the relevant transaction; provided, however, that if an Event of Default shall have has occurred and is continuing with respect to Party A, then a third party will be selected to be the Calculation Agent by Party B shall have the right to appoint as Calculation Agent a third party, reasonably acceptable to Party A, the cost for which shall be borne by Party from Annex A.

Appears in 1 contract

Samples: Master Agreement (Priceline Com Inc)

Calculation Agent. The Calculation Agent is Party A; provided, howeverunless (i) otherwise specified in a Confirmation in relation to the relevant Transaction or (ii) Party A is a Defaulting Party, that if an Event of Default in which case the Calculation Agent shall have occurred with respect be a qualified third party financial institution appointed by Party B which shall reasonably satisfactory to Party A, Party B shall have the right to appoint as Calculation Agent a third party, reasonably acceptable to Party A, the cost for which shall be borne by Party A.

Appears in 1 contract

Samples: Isda Master Agreement (Newmarket Corp)

Calculation Agent. The Calculation Agent is Party A; providedprovided that, however, that if an Event of Default shall have occurred with respect to Party A, Party B shall have A has occurred and is continuing then the right to appoint as Calculation Agent shall be a third partyparty appointed by Party B, reasonably acceptable to Party A, the cost for which shall be borne by Party A.

Appears in 1 contract

Samples: Master Agreement

Calculation Agent. The Calculation Agent is Party A; provided, however, that if A unless an Event of Default shall have has occurred and is continuing with respect to Party A, A. in which case Party B shall have the right may appoint a third party to appoint act as Calculation Agent a third party, reasonably acceptable to Party A, the cost for which shall be borne by Party A.so long as such Event of Default is continuing.

Appears in 1 contract

Samples: Isda Master Agreement (Fuelcell Energy Inc)

Calculation Agent. The Calculation Agent is Party A; providedA unless Party A is a Defaulting Party, however, that if an Event of Default shall have occurred with respect to Party A, Party B shall have in which case SunTrust Bank or its designee will be the right to appoint as Calculation Agent a third party, reasonably acceptable to Party A, the cost for which shall be borne by Party A.Agent.

Appears in 1 contract

Samples: Master Agreement (Ikon Receivables LLC)

Calculation Agent. The Calculation Agent is Party A; providedA except where (i) Party A is a Defaulting Party or (ii) Party A fails to perform, howeverin the reasonable opinion of Party B, that if an Event of Default shall have occurred with respect to Party A, Party B shall have the right to appoint obligation assumed by it as Calculation Agent for the purposes of any Transaction, in which case the Calculation Agent may be a third party, reasonably acceptable to Party A, the cost for which shall be borne party selected by Party A.A and Party B acting reasonably.

Appears in 1 contract

Samples: Master Agreement (Turquoise Funding I LTD)

Calculation Agent. The Calculation Agent is Party A; providedprovided that, however, that if an Event of Default shall have occurred with respect to Party Aand be continuing, Party B shall have the right to appoint designate a third-party Reference Market-maker as the Calculation Agent a third party, reasonably acceptable to Party A, the cost for which shall be borne by Party A.Agent.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (SunTrust Acquisition Closed-End Seconds Trust, Series 2007-1)

Calculation Agent. The Calculation Agent is Party A; provided, however, that if an Event of Default shall have occurred with respect to Party AA is the Defaulting Party, Party B shall have the right to appoint as Calculation Agent a third party, reasonably acceptable to Party A, the cost for which shall be borne any designated third party mutually agreed to by the parties and the Insurer (as long as it is the Controlling Party) until such time as Party A.A is no longer a Defaulting Party.

Appears in 1 contract

Samples: Master Agreement (Triad Financial Special Purpose LLC)

Calculation Agent. The Calculation Agent is Party A; provided, however, that if an Event A. All calculations by the Calculation Agent shall be made in good faith and through the exercise of Default shall have occurred with respect to the Calculation Agent’s commercially reasonable judgment. Upon the request of Party AB, Party A shall provide Party B shall have with such information as is reasonably necessary to enable Party B to confirm the right to appoint as Calculation Agent a third party, reasonably acceptable to Party A, the cost for which shall be borne by Party A.accuracy of such calculations.

Appears in 1 contract

Samples: Schedule to the Isda Master Agreement

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