Computational Materials. (a) It is understood that the Underwriters may prepare and provide to prospective investors certain Computational Materials (as defined below) in connection with the Company's offering of the Notes, subject to the following conditions:
(i) The Underwriters shall comply with all applicable laws and regulations in connection with the use of Computational Materials including the No-Action Letter of May 20, 1994 issued by the Commission to Xxxxxx, Peabody Acceptance Corporation I, Xxxxxx, Xxxxxxx & Co. Incorporated and Xxxxxx Structured Asset Corporation, as made applicable to other issuers and underwriters by the Commission in response to the request of the Public Securities Association dated May 24, 1994, and the No-Action Letter of February 17, 1995 issued by the Commission to the Public Securities Association (collectively, the "Xxxxxx/PSA Letters").
(ii) As used herein, "Computational Materials" and the term "ABS Term Sheets" shall have the meanings given such terms in the Xxxxxx/PSA Letters, but shall include only those Computational Materials that have been prepared or delivered to prospective investors by or at the direction of an Underwriter.
Computational Materials. The Underwriter hereby represents and warrants that any information attached hereto as Exhibit 1 constitutes all "Collateral Term Sheets" (as such term is defined in the no-action letters addressed to Kidder, Peabody Acceptance Corporation I, et al. dated May 20, 1994 anx xx xhe Xxxxxx Securities Association dated February 17, 1995 (collectively, the "PSA Letters")) disseminated by it in connection with the Underwritten Certificates; all "Structural Term Sheets" and "Computational Materials" disseminated by it in connection with the Underwritten Certificates and all "Series Term Sheets" (as such term is defined in the no-action letter addressed to Greenwood Trust Company, Discover Card Master Trust I dated April 5, 1996). For purposes hereof, as to the Underwriter, the term "Derived Information" means such information, if any, in the Series Term Sheets, Collateral Term Sheets, Structural Term Sheets and/or Computational Materials that is not contained in either (i) the Prospectus Supplement or Original Prospectus taking into account information incorporated therein by reference (other than information incorporated by reference from the Series Term Sheets, Collateral Term Sheets, Structural Term Sheets and/or Computational Materials) or (ii) any computer tape furnished by the Company (the "Computer Tape"). The Underwriter agrees, assuming (i) all information provided by the Company (including the Computer Tape) is accurate and complete in all material respects and (ii) the Company's independent public accountants have determined that the Derived Information agrees with the Computer Tape, to indemnify and hold harmless the Company, each of the Company's officers and directors and each person who controls the Company within the meaning of Section 15 of the Securities Act of 1933, as amended (the "Act"), against any and all losses, claims, damages or liabilities, joint or several, to which they may become subject under the Act or otherwise, insofar as such losses, claims, damages or liabilities (or actions in respect thereof) arise out of or are based upon any untrue statement of a material fact contained in the Derived Information prepared by the Underwriter and incorporated by reference into the Registration Statement, or arise out of or are based upon the omission or alleged omission to state in such Derived Information a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which th...
Computational Materials. (a) It is understood that the Underwriters may prepare and provide to prospective investors certain Computational Materials (as defined below) in connection with the offering of the Notes, subject to the following conditions:
(i) The Underwriters shall comply with all applicable laws and regulations in connection with the use of Computational Materials including the No-Action Letter of May 20, 1994 issued by the Commission to Xxxxxx, Xxxxxxx Acceptance Corporation I, Xxxxxx, Xxxxxxx & Co. Incorporated and Xxxxxx Structured Asset Corporation, as made applicable to other issuers and underwriters by the Commission in response to the request of the Public Securities Association dated May 24, 1994, and the No-Action Letter of February 17, 1995 issued by the Commission to the Public Securities Association (collectively, the "Xxxxxx/PSA Letters").
(ii) As used herein, "Computational Materials" and the term "ABS Term Sheets" shall have the meanings given such terms in the Xxxxxx/PSA Letters, but shall include only those Computational Materials that have been prepared or delivered to prospective investors by or at the direction of an Underwriter.
(iii) Each Underwriter shall provide the Sponsor with representative forms of all Computational Materials prior to their first use, to the extent such forms have not previously been approved by the Sponsor for use by such Underwriter. Each Underwriter shall provide to the Sponsor, for filing on Form 8-K as provided in Section 9(b), copies of all Computational Materials that are to be filed with the Commission pursuant to the Xxxxxx/PSA Letters. Each Underwriter may provide copies of the foregoing in a consolidated or aggregated form. All Computational Materials described in this subsection (a)(iii) must be provided to the Sponsor not later than 10:00 a.m., New York time, one business day before filing thereof is required pursuant to the terms of this Agreement.
(iv) If an Underwriter does not provide the Computational Materials to the Sponsor pursuant to subsection (a)(iii) above, such Underwriter shall be deemed to have represented, as of the applicable Closing Date, that it did not provide any prospective investors with any information in written or electronic form in connection with the offering of the Notes that is required to be filed with the Commission in accordance with the Xxxxxx/PSA Letters.
(v) In the event of any delay in the delivery by an Underwriter to the Sponsor of all Computational Materials required to b...
Computational Materials. (a) It is understood that the Underwriters may prepare and provide to prospective investors certain Computational Materials (as defined below) in connection with Nelnet Funding's offering of the Notes, subject to the following conditions:
(i) The Underwriters shall comply with all applicable laws and regulations in connection with the use of Computational Materials including the No-Action Letter of May 20, 1994 issued by the Commission to Kidder, Peabody Acceptance Corporation I, Kidder, Peaxxxx & Co. Incorporated and Kidder Structured Asset Xxxxxration, as made applicabxx xx other issuers and underwriters by the Commission in response to the request of the Public Securities Association dated May 24, 1994, and the No-Action Letter of February 17, 1995 issued by the Commission to the Public Securities Association (collectively, the "Kidder/PSA Letters").
(ii) As used herein, "Xxxxxxational Materials" and the term "ABS Term Sheets" shall have the meanings given such terms in the Kidder/PSA Letters, but shall include only those Compxxxxxxnal Materials that have been prepared or delivered to prospective investors by or at the direction of an Underwriter.
Computational Materials. Information Relating to the Collateral (page 3 of 8) ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- THE INFORMATION CONTAINED HEREIN WILL BE SUPERSEDED BY THE DESCRIPTION OF THE COLLATERAL CONTAINED IN THE PROSPECTUS SUPPLEMENT. ------------------------------------------------------------------------------- ADJUSTABLE RATE HOME EQUITY LOANS Preliminary characteristics of the Initial Home Equity Loans as of the Cut-Off Date 3/1/98: Combined Loan-to-Value Ratios Range of Number of Aggregate % of Aggregate Original CLTV's Home Equity Loans Loan Balance Loan Balance --------------- -------------------- ----------------------- -------------------- Up to 10.00% 1 9,991.37 0.00 10.01 - 15.00 2 108,838.79 0.02 15.01 - 20.00 3 286,489.89 0.06 20.01 - 25.00 9 303,206.51 0.07 25.01 - 30.00 11 513,099.16 0.12 30.01 - 35.00 17 832,296.21 0.19 35.01 - 40.00 27 1,493,778.75 0.34 40.01 - 45.00 46 3,266,474.95 0.74 45.01 - 50.00 75 4,666,319.52 1.06 50.01 - 55.00 77 5,618,469.32 1.27 55.01 - 60.00 161 12,684,123.12 2.88 60.01 - 65.00 371 29,630,143.37 6.72 65.01 - 70.00 510 40,429,080.64 9.17 70.01 - 75.00 812 81,555,378.47 18.50 75.01 - 80.00 1,332 136,288,070.75 30.92 80.01 - 85.00 573 58,217,379.89 13.21 85.01 - 90.00 468 56,814,777.67 12.89 90.01 - 95.00 27 3,566,229.20 0.81 95.01 - 100.00 46 4,563,401.63 1.04 -------------------- ----------------------- -------------------- Total 4,568 $ 440,847,549.21 100.00% Cut-Off Date Coupon Rates Range of Number of Aggregate % of Aggregate Coupon Rates Home Equity Loans Loan Balance Loan Balance ------------ ------------------ ----------------------- -------------------- 5.001 - 6.000% 1 78,428.36 0.02 6.001 - 7.000 17 3,154,164.17 0.72 7.001 - 8.000 105 14,828,987.25 3.36 8.001 - 9.000 475 59,248,899.34 13.44 9.001 - 10.000 1,146 121,764,555.46 27.62 10.001 - 11.000 1,390 131,948,223.91 29.93 11.001 - 12.000 855 70,423,793.64 15.97 12.001 - 13.000 364 26,236,251.69 5.95 13.001 - 14.000 143 8,826,493.21 2.00 14.001 - 15.000 61 3,822,266.38 0.87 15.001 - 16.000 7 345,653.15 0.08 16.001 - 17.000 4 169,832.65 0.04 ------------------ ----------------------- -------------------- Total 4,568 $ 440,847,549.21 100.00% ------------------------------------------------------------------------------- BEAR XXXXXXX This information should be considered only after reading Bear Xxxxxxx' Statement Regarding Assumptions as to Securitie...
Computational Materials. (a) In connection with the offering of the Securitization Bonds, each Underwriter may prepare and provide to prospective investors items similar to computational materials ("Computational Materials") as defined in the no-action letter of May 20, 1994 issued by the Commission to Xxxxxx, Xxxxxxx Acceptance Corporation I, Xxxxxx, Xxxxxxx & Co. Incorporated and Xxxxxx Structured Asset Corporation, as made applicable to other issuers and underwriters by the Commission in response to the request of the Public Securities Association dated May 24, 1994, as well as the no-action letter of February 17, 1995 issued by the Commission to the Public Securities Association (collectively, the "No-Action Letters"), subject to the following conditions:
(i) All Computational Materials provided to prospective investors that are required to be filed pursuant to the No-Action Letters shall bear a legend substantially in the form attached hereto as Exhibit A. The Issuer shall have the right to require additional specific legends or notations to appear on any Computational Materials, the right to require changes regarding the use of terminology and the right to determine the types of information appearing therein. Notwithstanding the foregoing, this subsection (i) will be satisfied if all Computational Materials referred to herein bear a legend in a form previously approved in writing by the Issuer.
(ii) Such Underwriter shall provide to the Issuer, for approval by the Issuer, representative forms of all Computational Materials at least two business days prior to their first use. Such Underwriter shall provide to the Issuer, for filing on Form 8-K as provided in Section 5(m), copies (in such format as required by the Issuer) of all Computational Materials that are required to be filed with the Commission pursuant to the No-Action Letters. The Underwriter may provide copies of the foregoing in a consolidated or aggregated form including all information required to be filed if filing in such format is permitted by the No-Action Letters. All Computational Materials described in this subsection (ii) must be provided to the Issuer not later than 10:00 a.m. New York City time at least two business days before filing thereof is required pursuant to the terms of this Agreement. Such Underwriter shall not provide to any investor or prospective investor in the Securitization Bonds any Computational Materials on or after the day on which Computational Materials are required to be provided t...
Computational Materials. The Underwriter represents and warrants ----------------------- to the Bank that (a) it has not and will not use any information that constitutes "Computational Materials," as defined in the Commission's No-Action Letter, dated May 20, 1994, addressed to Xxxxxx, Xxxxxxx Acceptance Corporation I, Xxxxxx, Xxxxxxx & Co. Incorporated and Xxxxxx Structured Asset Corporation (as made generally applicable to registrants, issuers and underwriters by the Commission's response to the request of the Public Securities Association dated May 27, 1994), with respect to the offering of the Certificates, (b) it has not and will not use any information that constitutes "ABS Term Sheets," as defined in the Commission's No-Action Letter, dated February 13, 1995, addressed to the Public Securities Association, with respect to the offering of the Certificates and (c) it has not and will not use any information that constitutes "Series Term Sheets," as defined in the Commission's No-Action Letter, dated April 5, 1996, addressed to Greenwood Trust Company, with respect to the offering of the Certificates, in each case unless it has obtained the prior written consent of the Bank to such usage.
Computational Materials. The Depositor will file with the Commission a current report on Form 8-K (an "Additional Materials 8-K") setting forth all Computational Materials, ABS Term Sheets and Collateral Term Sheets provided to the Depositor by any Underwriter within the applicable time periods allotted for such filing pursuant to the No-Action Letters (as defined in Section 6).
Computational Materials. Not later than 10:30 a.m. New York City time, on the business day before the date on which the Current Report relating to the Certificates is required to be filed by the Depositor with the Commission pursuant to Section V.M hereof, each Underwriter shall deliver to the Depositor five complete copies of all materials, if any, provided by such Underwriter to prospective investors in such Certificates which constitute "Computational Materials" within the meaning of the no-action letter dated May 20, 1994, issued by the Division of Corporation Finance of the Commission to Xxxxxx, Xxxxxxx Acceptance Corporation I, Xxxxxx, Peabody & Co. Incorporated, and Xxxxxx Structured Asset Corporation, the no-action letter dated May 27, 1994, issued by the Division of Corporation Finance of the Commission to the Public Securities Association and the no-action letter of February 17, 1995 issued by the Commission to the Public Securities Association (collectively, the "Xxxxxx/PSA Letters") and the filing of which is a condition of the relief granted in such letters (such materials being the "Computational Materials"). Each delivery of Computational Materials to the Depositor pursuant to this paragraph (a) shall be effected by delivering four copies of such material to counsel for the Depositor on behalf of the Depositor and one copy of such materials to the Depositor.
Computational Materials. Preliminary Term Sheet (page 4 of 5) -------------------------------------------------------------------------------
