Common use of Determination of Material Adverse Effect Clause in Contracts

Determination of Material Adverse Effect. Any ---------------------------------------- determination of material adverse effect on the Series 1998-1 Certificateholders under the Agreement or this Supplement shall be made assuming the Class C Invested Amount is zero and without regard to whether funds are available in the Cash Collateral Account (including, without limitation, any determination of whether a representation or warranty made therein is correct or whether a Seller or the Servicer has duly performed a covenant contained therein or herein).

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Capital One Master Trust), Pooling and Servicing Agreement (Capital One Financial Corp)

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Determination of Material Adverse Effect. Any ---------------------------------------- determination of material adverse effect on the Series 19982000-1 Certificateholders under the Agreement or this Supplement shall be made assuming the Class C Collateral Invested Amount is zero and without regard to whether funds are available in the Cash Collateral Account (including, without limitation, any determination of whether a representation or warranty made therein is correct or whether a Seller or the Servicer has duly performed a covenant contained therein or herein).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Capital One Master Trust)

Determination of Material Adverse Effect. Any ---------------------------------------- determination of material adverse effect on the Series 19982001-1 3 Certificateholders under the Agreement or this Supplement shall be made assuming the Class C Collateral Invested Amount is zero and without regard to whether funds are available in the Cash Collateral Account (including, without limitation, any determination of whether a representation or warranty made therein is correct or whether a Seller or the Servicer has duly performed a covenant contained therein or herein).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Capital One Master Trust)

Determination of Material Adverse Effect. Any ---------------------------------------- determination of material adverse effect on the Series 19982000-1 3 Certificateholders under the Agreement or this Supplement shall be made assuming the Class C Collateral Invested Amount is zero and without regard to whether funds are available in the Cash Collateral Account (including, without limitation, any determination of whether a representation or warranty made therein is correct or whether a Seller or the Servicer has duly performed a covenant contained therein or herein).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Capital One Master Trust)

Determination of Material Adverse Effect. Any ---------------------------------------- determination of material adverse effect on the Series 19982000-1 5 Certificateholders under the Agreement or this Supplement shall be made assuming the Class C Collateral Invested Amount is zero and without regard to whether funds are available in the Cash Collateral Account (including, without limitation, any determination of whether a representation or warranty made therein is correct or whether a Seller or the Servicer has duly performed a covenant contained therein or herein).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Capital One Master Trust)

Determination of Material Adverse Effect. Any ---------------------------------------- determination of material adverse effect on the Series 19982001-1 Certificateholders under the Agreement or this Supplement shall be made assuming the Class C Collateral Invested Amount is zero and without regard to whether funds are available in the Cash Collateral Account (including, without limitation, any determination of whether a representation or warranty made therein is correct or whether a Seller or the Servicer has duly performed a covenant contained therein or herein).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Capital One Master Trust)

Determination of Material Adverse Effect. Any ---------------------------------------- determination of material adverse effect on the Series 19981999-1 Certificateholders under the Agreement or this Supplement shall be made assuming the Class C Collateral Invested Amount is zero and without regard to whether funds are available in the Cash Collateral Account (including, without limitation, any determination of whether a representation or warranty made therein is correct or whether a Seller or the Servicer has duly performed a covenant contained therein or herein).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Capital One Master Trust)

Determination of Material Adverse Effect. Any determination ---------------------------------------- determination of material adverse effect on the Series 19981999-1 3 Certificateholders under the Agreement or this Supplement shall be made assuming the Class C Collateral Invested Amount is zero and without regard to whether funds are available in the Cash Collateral Account (including, without limitation, any determination of whether a representation or warranty made therein is correct or whether a Seller or the Servicer has duly performed a covenant contained therein or herein).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Capital One Master Trust)

Determination of Material Adverse Effect. Any ---------------------------------------- determination of material adverse effect on the Series 19982002-1 3 Certificateholders under the Agreement or this Supplement shall be made assuming the Class C Collateral Invested Amount is zero and without regard to whether funds are available in the Cash Collateral Account (including, without limitation, any determination of whether a representation or warranty made therein is correct or whether a Seller or the Servicer has duly performed a covenant contained therein or herein).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Capital One Master Trust)

Determination of Material Adverse Effect. Any ---------------------------------------- determination of material adverse effect on the Series 19982001-1 2 Certificateholders under the Agreement or this Supplement shall be made assuming the Class C Collateral Invested Amount is zero and without regard to whether funds are available in the Cash Collateral Account (including, without limitation, any determination of whether a representation or warranty made therein is correct or whether a Seller or the Servicer has duly performed a covenant contained therein or herein).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Capital One Master Trust)

Determination of Material Adverse Effect. Any ---------------------------------------- determination of material adverse effect on the Series 19982001-1 7 Certificateholders under the Agreement or this Supplement shall be made assuming the Class C Collateral Invested Amount is zero and without regard to whether funds are available in the Cash Collateral Account (including, without limitation, any determination of whether a representation or warranty made therein is correct or whether a Seller or the Servicer has duly performed a covenant contained therein or herein).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Capital One Master Trust)

Determination of Material Adverse Effect. Any ---------------------------------------- determination of material adverse effect on the Series 19982001-1 4 Certificateholders under the Agreement or this Supplement shall be made assuming the Class C Collateral Invested Amount is zero and without regard to whether funds are available in the Cash Collateral Account (including, without limitation, any determination of whether a representation or warranty made therein is correct or whether a Seller or the Servicer has duly performed a covenant contained therein or herein).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Capital One Master Trust)

Determination of Material Adverse Effect. Any ---------------------------------------- determination of material adverse effect on the Series 1998-1 4 Certificateholders under the Agreement or this Supplement shall be made assuming the Class C Invested Amount is zero and without regard to whether funds are available in the Cash Collateral Account (including, without limitation, any determination of whether a representation or warranty made therein is correct or whether a Seller or the Servicer has duly performed a covenant contained therein or herein).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Capital One Master Trust)

Determination of Material Adverse Effect. Any determination ---------------------------------------- determination of material adverse effect on the Series 19982001-1 8 Certificateholders under the Agreement or this Supplement shall be made assuming the Class C Collateral Invested Amount is zero and without regard to whether funds are available in the Cash Collateral Account (including, without limitation, any determination of whether a representation or warranty made therein is correct or whether a Seller or the Servicer has duly performed a covenant contained therein or herein).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Capital One Master Trust)

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Determination of Material Adverse Effect. Any ---------------------------------------- determination of material adverse effect on the Series 19981999-1 2 Certificateholders under the Agreement or this Supplement shall be made assuming the Class C Collateral Invested Amount is zero and without regard to whether funds are available in the Cash Collateral Account (including, without limitation, any determination of whether a representation or warranty made therein is correct or whether a Seller or the Servicer has duly performed a covenant contained therein or herein).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Capital One Master Trust)

Determination of Material Adverse Effect. Any ---------------------------------------- determination of material adverse effect on the Series 19982002-1 2 Certificateholders under the Agreement or this Supplement shall be made assuming the Class C Collateral Invested Amount is zero and without regard to whether funds are available in the Cash Collateral Account (including, without limitation, any determination of whether a representation or warranty made therein is correct or whether a Seller or the Servicer has duly performed a covenant contained therein or herein).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Capital One Master Trust)

Determination of Material Adverse Effect. Any ---------------------------------------- ----------------------------------------- determination of material adverse effect on the Series 1998-1 Investor Certificateholders under the Agreement or this Supplement shall be made assuming the Class C Collateral Invested Amount is and the Class D Invested Amount are zero and without regard to whether funds are available in the Cash Collateral Account (including, without limitation, including any determination of whether a representation or warranty made therein is correct or whether a the Seller or the Servicer has duly performed a covenant contained therein or herein).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Providian National Bank /New/)

Determination of Material Adverse Effect. Any ---------------------------------------- determination of material adverse effect on the Series 19982001-1 6 Certificateholders under the Agreement or this Supplement shall be made assuming the Class C Collateral Invested Amount is zero and without regard to whether funds are available in the Cash Collateral Account (including, without limitation, any determination of whether a representation or warranty made therein is correct or whether a Seller or the Servicer has duly performed a covenant contained therein or herein).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Capital One Master Trust)

Determination of Material Adverse Effect. Any determination ---------------------------------------- determination of material adverse effect on the Series 19982000-1 2 Certificateholders under the Agreement or this Supplement shall be made assuming the Class C Collateral Invested Amount is zero and without regard to whether funds are available in the Cash Collateral Account (including, without limitation, any determination of whether a representation or warranty made therein is correct or whether a Seller or the Servicer has duly performed a covenant contained therein or herein).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Capital One Master Trust)

Determination of Material Adverse Effect. Any ---------------------------------------- determination of material adverse effect on the Series 19982000-1 4 Certificateholders under the Agreement or this Supplement shall be made assuming the Class C Collateral Invested Amount is zero and without regard to whether funds are available in the Cash Collateral Account (including, without limitation, any determination of whether a representation or warranty made therein is correct or whether a Seller or the Servicer has duly performed a covenant contained therein or herein).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Capital One Master Trust)

Determination of Material Adverse Effect. Any determination ---------------------------------------- determination of material adverse effect on the Series 19982002-1 4 Certificateholders under the Agreement or this Supplement shall be made assuming the Class C Collateral Invested Amount is zero and without regard to whether funds are available in the Cash Collateral Account (including, without limitation, any determination of whether a representation or warranty made therein is correct or whether a Seller or the Servicer has duly performed a covenant contained therein or herein).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Capital One Master Trust)

Determination of Material Adverse Effect. Any ---------------------------------------- determination of material adverse effect on the Series 1998-1 199_-_ Certificateholders under the Agreement or this Supplement shall be made assuming the Class C Invested Amount is zero and without regard to whether funds are available in the Cash Collateral Account (including, without limitation, any determination of whether a representation or warranty made therein is correct or whether a Seller or the Servicer has duly performed a covenant contained therein or herein).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Capital One Master Trust)

Determination of Material Adverse Effect. Any ---------------------------------------- determination of material adverse effect on the Series 19982001-1 5 Certificateholders under the Agreement or this Supplement shall be made assuming the Class C Collateral Invested Amount is zero and without regard to whether funds are available in the Cash Collateral Account (including, without limitation, any determination of whether a representation or warranty made therein is correct or whether a Seller or the Servicer has duly performed a covenant contained therein or herein).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Capital One Master Trust)

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