Common use of Certain Constructions Clause in Contracts

Certain Constructions. For purposes of this Agreement, references to the most or next most subordinate Class of Certificates outstanding at any time shall mean the most or next most subordinate Class of Certificates then outstanding as among the Class A, Class X, Class A-M, Class A-J, Class B, Class C, Class D, Class E, Class F, Class G, Class H, Class J, Class K, Class L, Class M, Class N, Class O, Class P, Class Q and Class S Certificates; provided, however, that for purposes of determining the most subordinate Class of Certificates, in the event that the Class A Certificates are the only Class of Certificates outstanding (other than the Class X, Class LR or Class R Certificates), the Class A Certificates and the Class X Certificates together will be treated as the most subordinate Class of Certificates. For purposes of this Agreement, each Class of Certificates other than the Class LR and Class R Certificates shall be deemed to be outstanding only to the extent its respective Certificate Principal Amount or Notional Amount has not been reduced to zero. For purposes of this Agreement the Class LR and the Class R Certificates shall be deemed to be outstanding so long as the Trust REMICs have not been terminated pursuant to Section 9.01.

Certain Constructions. For purposes of this Agreement, references to the most or next most subordinate Class of Certificates outstanding at any time shall mean the most or next most subordinate Class of Certificates then outstanding as among the Class [A], Class [X-A], Class A[X-MB], Class A-J[B], Class B[C], Class C[D], Class D[E], Class E, Class [F, Class G, Class H, Class J, Class K, Class L, Class M, Class N, Class O, Class P, Class Q ] and Class S [G] Certificates; provided, however, that for purposes of determining the most subordinate Class of Certificates, in the event that the Class A [A] Certificates are the only Class Classes of Sequential Pay Certificates outstanding (other than the Class X, Class LR or Class R Certificates)outstanding, the Class A [A] Certificates and the Class X [X] Certificates together will be treated as the most subordinate Class of Certificates. For purposes of this Agreement, each Class of Certificates other than the Class LR and Class R Regular Certificates shall be deemed to be outstanding only to the extent its respective Certificate Principal Amount or Notional Amount has not been reduced to zero. For purposes of this Agreement Agreement, the Class LR and the Class R [R] Certificates shall be deemed to be outstanding so long as the Trust REMICs have not been terminated pursuant to Section 9.019.01 of this Agreement.

Certain Constructions. For purposes of this Agreement, references to the most or next most subordinate Class of Certificates outstanding at any time shall mean the most or next most subordinate Class of Certificates then outstanding as among the Class A-1, Class A-2, Class A-3, Class A-4, Class X-A, Class X-B, Class A-M, Class A-JS, Class B, Class C, Class D, Class E, Class F, Class G, Class H, Class J, Class K, Class L, Class M, Class N, Class O, Class P, Class Q F and Class S G Certificates; provided, however, that for purposes of determining the most subordinate Class of Certificates, in the event that the Class A A-1, Class A-2, Class A-3 and Class A-4 Certificates are the only Class Classes of Sequential Pay Certificates outstanding (other than the Class X, Class LR or Class R Certificates)outstanding, the Class A-1, Class A-2, Class A-3, Class A-4 and Class X-A Certificates and the Class X Certificates together will be treated as the most subordinate Class of Certificates. For purposes of this Agreement, each Class of Certificates other than the Class LR and Class R Regular Certificates shall be deemed to be outstanding only to the extent its respective Certificate Principal Amount or Notional Amount has not been reduced to zero. For purposes of this Agreement the Class LR and Agreement, the Class R Certificates shall be deemed to be outstanding so long as the Trust REMICs have not been terminated pursuant to Section 9.019.01 of this Agreement.

Certain Constructions. For purposes of this AgreementSection 9.01, references to the most or next most subordinate Most Subordinate Class of Certificates as defined in Section 1.01 (or REMIC II Regular Interests) outstanding at any time shall mean the most or next most subordinate Class of Certificates (or REMIC II Regular Interests) then outstanding as among the Class AA1, Class XA2, Class A-M, Class A-JA3, Class B, Class C, Class D, Class E, Class F, Class G, Class H, Class J, Class K, Class L, Class M, Class N, Class O, Class P, Class Q K and Class S Certificates; provided, however, that for purposes L Certificates (and the Classes of determining the most subordinate Class of Certificates, in the event that the Class A Certificates are the only Class of Certificates outstanding (other than the Class X, Class LR or Class R CertificatesCorresponding REMIC II Regular Interests). For such purposes, the Class A A1, Class A2 and Class A3 Certificates (and the Class X Certificates Classes of Corresponding REMIC II Regular Interests) together will shall be treated as the most subordinate Class of Certificatesconsidered to be one Class. For purposes of this AgreementAgreement (except as specifically provided in the definition of "Certificateholder"), each Class of Certificates other than the Class LR and Class R Certificates shall be deemed to be outstanding only to the extent its respective Certificate Principal Amount or Notional Amount Class Balance has not been reduced to zero. For purposes of this Agreement Agreement, the Class LR and the Class R X Certificates shall be deemed to be outstanding so long as the Trust REMICs have not until their Notional Amount has been terminated pursuant reduced to Section 9.01zero.

Certain Constructions. For purposes of this Agreement, references to the most or next most subordinate Class of Certificates outstanding at any time shall mean the most or next most subordinate Class of Certificates then outstanding as among the Class A-1, Class A-2, Class A-3, Class A-4, Class A-AB, Class X-A, Class X-B, Class A-M, Class A-JS, Class B, Class C, Class D, Class E, Class F, Class G, Class H, Class J, Class K, Class L, Class M, Class N, Class O, Class P, Class Q F and Class S G Certificates; provided, however, that for purposes of determining the most subordinate Class of Certificates, in the event that the Class A A-1, Class A-2, Class A-3, Class A-4 and Class A-AB Certificates are the only Class Classes of Sequential Pay Certificates outstanding (other than the Class X, Class LR or Class R Certificates)outstanding, the Class A-1, Class A-2, Class A-3, Class A-4, Class A-AB and Class X-A Certificates and the Class X Certificates together will be treated as the most subordinate Class of Certificates. For purposes of this Agreement, each Class of Certificates other than the Class LR and Class R Regular Certificates shall be deemed to be outstanding only to the extent its respective Certificate Principal Amount or Notional Amount has not been reduced to zero. For purposes of this Agreement the Class LR and Agreement, the Class R Certificates shall be deemed to be outstanding so long as the Trust REMICs have not been terminated pursuant to Section 9.019.01 of this Agreement. For purposes of this Agreement, the MxXxxxxx Industrial Portfolio Subordinate Loan shall be deemed to be a mezzanine loan.

Certain Constructions. For purposes of this Agreement, references to the most or next most subordinate Class of Certificates outstanding at any time shall mean the most or next most subordinate Class of Certificates then outstanding as among the Class A-1, Class A-2, Class A-3, Class A-AB, Class X-A, Class X-B, Class A-M, Class A-JS, Class B, Class C, Class D, Class E, Class F, Class G, Class H, Class J, Class K, Class L, Class M, Class N, Class O, Class P, Class Q F and Class S G Certificates; provided, however, that for purposes of determining the most subordinate Class of Certificates, in the event that the Class A A-1, Class A-2, Class A-3 and Class A-AB Certificates are the only Class Classes of Sequential Pay Certificates outstanding (other than the Class X, Class LR or Class R Certificates)outstanding, the Class A-1, Class A-2, Class A-3, Class A-AB and Class X-A Certificates and the Class X Certificates together will be treated as the most subordinate Class of Certificates. For purposes of this Agreement, each Class of Certificates other than the Class LR and Class R Regular Certificates shall be deemed to be outstanding only to the extent its respective Certificate Principal Amount or Notional Amount has not been reduced to zero. For purposes of this Agreement the Class LR and Agreement, the Class R Certificates shall be deemed to be outstanding so long as the Trust REMICs have not been terminated pursuant to Section 9.019.01 of this Agreement.

Certain Constructions. For purposes of this Agreement, references to the most or next most subordinate Class of Certificates outstanding at any time shall mean the most or next most subordinate Class of Certificates then outstanding as among the Class A-1, Class A-2, Class A-3, Class A-4, Class A-AB, Class X-A, Class X-B, Class X-C, Class A-M, Class A-JS, Class B, Class C, Class D, Class E, Class F, Class G, Class H, Class J, Class K, Class L, Class M, Class N, Class O, Class P, Class Q F and Class S G Certificates; provided, however, that for purposes of determining the most subordinate Class of Certificates, in the event that the Class A A-1, Class A-2, Class A-3, Class A-4 and Class A-AB Certificates are the only Class Classes of Sequential Pay Certificates outstanding (other than the Class X, Class LR or Class R Certificates)outstanding, the Class A-1, Class A-2, Class A-3, Class A-4, Class A-AB and Class X-A Certificates and the Class X Certificates together will be treated as the most subordinate Class of Certificates. For purposes of this Agreement, each Class of Certificates other than the Class LR and Class R Regular Certificates shall be deemed to be outstanding only to the extent its respective Certificate Principal Amount or Notional Amount has not been reduced to zero. For purposes of this Agreement the Class LR and Agreement, the Class R Certificates shall be deemed to be outstanding so long as the Trust REMICs have not been terminated pursuant to Section 9.019.01 of this Agreement.

Certain Constructions. For purposes of this Agreement, references to the most or next most subordinate Class of Certificates outstanding at any time shall mean the most or next most subordinate Class of Certificates then outstanding as among the Class [A], Class [X-A], Class A[X-MB], Class A-J[B], Class B[C], Class C[D], Class D[E], Class E, Class [F, Class G, Class H, Class J, Class K, Class L, Class M, Class N, Class O, Class P, Class Q ] and Class S [G] Certificates; provided, however, that for purposes of determining the most subordinate Class of Certificates, in the event that the Class A [A] Certificates are the only Class Classes of Sequential Pay Certificates outstanding (other than the Class X, Class LR or Class R Certificates)outstanding, the Class A [A] Certificates and the Class X [X] Certificates together will be treated as the most subordinate Class of Certificates. For purposes of this Agreement, each Class of Certificates other than the Class LR and Class R Regular Certificates shall be deemed to be outstanding only to the extent its respective Certificate Principal Amount or Notional Amount has not been reduced to zero. For purposes of this Agreement the Class LR and Agreement, the Class R Certificates shall be deemed to be outstanding so long as the Trust REMICs have not been terminated pursuant to Section 9.019.01 of this Agreement.

Certain Constructions. For purposes of this Agreement, references to the most or next most subordinate Class of Certificates [or Class PEZ Regular Interests] outstanding at any time shall mean the most or next most subordinate Class of Certificates [or Class PEZ Regular Interests] then outstanding as among the Class [A], Class [X-A], Class A[X-MB], Class A-J[B], Class B[C], Class C[D], Class D[E], Class E, Class [F, Class G, Class H, Class J, Class K, Class L, Class M, Class N, Class O, Class P, Class Q ] and Class S [G] Certificates; provided, however, that for purposes of determining the most subordinate Class of Certificates, in the event that the Class A [A] Certificates are the only Class Classes of Sequential Pay Certificates outstanding (other than the Class X, Class LR or Class R Certificates)outstanding, the Class A [A] Certificates and the Class X [X] Certificates together will be treated as the most subordinate Class of Certificates. For purposes of this Agreement, each Class of Certificates other than the Class LR and Class R Regular Certificates shall be deemed to be outstanding only to the extent its respective Certificate Principal Amount or Notional Amount has not been reduced to zero. For purposes of this Agreement Agreement, the Class LR [R] Certificates [and the Class R Certificates PEZ Regular Interests] shall be deemed to be outstanding so long as the Trust REMICs have not been terminated pursuant to Section 9.019.01 of this Agreement.

Certain Constructions. For purposes of this AgreementSection 3.10, Section 3.23, Section 3.26 and Section 4.6(c), references to the most or next most subordinate Class of Certificates outstanding at any time shall mean the most or next most subordinate Class of Certificates then outstanding as among the Class A, Class X, Class A-M, Class A-J, Class B, Class C, [Class D[EC], Class E, Class F, Class G, Class H, Class J, Class K, Class L, Class M, Class N, Class O, Class P, Class Q [PO] and Class S Certificates; provided[IO]] Certificates [(and the Class [PO] and Class [IO] Certificates shall be considered to be one Class)], however, that for purposes of determining and references to the next most subordinate Class of Certificates, in Lower-Tier Regular Interests outstanding at any time shall mean the event that the Class A Certificates are the only Class of Certificates outstanding (other than the Class X, Class LR most or Class R Certificates), the Class A Certificates and the Class X Certificates together will be treated as the next most subordinate Class of Certificates. For purposes Lower-Tier Regular Interests then outstanding as among the Class A-L, Class B-L, Class C-X and Class [PO] interests, subject in each case to the rules of construction set forth in the following sentences of this Agreement, each Section 1.3. Each Class of Certificates other than the Class LR and Class R Certificates Certificates, shall be deemed to be outstanding only to the extent its respective Certificate Principal Amount Balance has not been reduced to zero [or, with respect to the Class [EC] Certificates, to the extent that the EC Maturity Date has not occurred] [or with respect to the Class [IO] Certificates, to the extent the Class [IO] Notional Amount Balance has not been reduced to zero]. For purposes Unless the context clearly indicates otherwise, references to section numbers are to sections of this Agreement the Class LR and the Class R Certificates shall be deemed to be outstanding so long as the Trust REMICs have not been terminated pursuant to Section 9.01Agreement.

Certain Constructions. For purposes of this Agreement, references to the most or next most subordinate Class of Certificates [or Class PEZ Regular Interests] outstanding at any time shall mean the most or next most subordinate Class of Certificates [or Class PEZ Regular Interests] then outstanding as among the Class [A], Class [X-A], Class A[X-MB], Class A-J[B], Class B[C], Class C[D], Class D[E], Class E, Class [F, Class G, Class H, Class J, Class K, Class L, Class M, Class N, Class O, Class P, Class Q ] and Class S [G] Certificates; provided, however, that for purposes of determining the most subordinate Class of Certificates, in the event that the Class A [A] Certificates are the only Class Classes of Sequential Pay Certificates outstanding (other than the Class X, Class LR or Class R Certificates)outstanding, the Class A [A] Certificates and the Class X [X] Certificates together will be treated as the most subordinate Class of Certificates. For purposes of this Agreement, each Class of Certificates other than the Class LR and Class R Regular Certificates shall be deemed to be outstanding only to the extent its respective Certificate Principal Amount Balance or Notional Amount has not been reduced to zero. For purposes of this Agreement Agreement, the Class LR [R] Certificates [and the Class R Certificates PEZ Regular Interests] shall be deemed to be outstanding so long as the Trust REMICs have not been terminated pursuant to Section 9.019.01 of this Agreement.

Certain Constructions. For purposes of this Agreement, references to the most or next most subordinate Class of Certificates outstanding at any time shall mean the most or next most subordinate Class of Certificates then outstanding as among the Class [A], Class [X-A], Class A[EC,] Class [X-MB], Class A-J[B], Class B[C], Class C[D], Class D[E], Class E, Class [F, Class G, Class H, Class J, Class K, Class L, Class M, Class N, Class O, Class P, Class Q ] and Class S [G] Certificates; provided, however, that for purposes of determining the most subordinate Class of Certificates, in the event that the Class A [A] Certificates are the only Class Classes of Sequential Pay Certificates outstanding (other than the Class X, Class LR or Class R Certificates)outstanding, the Class A [A] Certificates and the Class X [X] Certificates together will be treated as the most subordinate Class of Certificates. For purposes of this Agreement, each Class of Certificates other than the Class LR and Class R Regular Certificates shall be deemed to be outstanding only to the extent its respective Certificate Principal Amount or Notional Amount has not been reduced to zero. For purposes of this Agreement Agreement, the Class LR and the Class R [R] Certificates shall be deemed to be outstanding so long as the Trust REMICs have not been terminated pursuant to Section 9.019.01 of this Agreement.