Determination of Material Adverse Effect. Whenever a determination is to be made under this Agreement as to whether a given action, course of conduct, event or set of facts or circumstances could or would have a material adverse effect on the Trust or the Certificateholder (or any similar or analogous determination), such determination shall be made without giving effect to the insurance provided by the Certificate Insurance Policy.
Appears in 7 contracts
Samples: Pooling and Servicing Agreement (Aames Capital Corp), Pooling and Servicing Agreement (Aames Capital Corp), Pooling and Servicing Agreement (Aames Capital Corp)
Determination of Material Adverse Effect. Whenever a determination is to be made under this Agreement agreement as to whether a given action, course of conduct, event or set of facts or circumstances could or would have a material adverse effect on the Trust Estate, the Note Insurer or the Certificateholder any Noteholder (or any similar or analogous determination), such determination shall be made without giving effect to the insurance provided by the Certificate Note Insurance Policy.
Appears in 3 contracts
Samples: Servicing Agreement (Ace Securities Corp), Servicing Agreement (Financial Asset Securities Corp), Servicing Agreement (Ocwen Mortgage Loan Trust Ass Back Notes Ser 1998-Oac1/)
Determination of Material Adverse Effect. Whenever a determination is to be made under this Agreement as to whether a given action, course of conduct, event or set of facts or circumstances could or would have a material adverse effect on the Trust Estate[, the Bond Insurer] or the Certificateholder any Bondholder (or any similar or analogous determination), such determination shall be made without giving effect to the insurance provided by the Certificate Bond Insurance Policy.]
Appears in 2 contracts
Samples: Servicing Agreement (Union Planters Home Equity Corp), Servicing Agreement (Union Planters Mortgage Finance Corp)
Determination of Material Adverse Effect. Whenever a determination is to be made under this Agreement agreement as to whether a given action, course of conduct, event or set of facts or circumstances could or would have a material adverse effect on the Trust Estate, the Bond Insurer or the Certificateholder any Bondholder (or any similar or analogous determination), such determination shall be made without giving effect to the insurance provided by the Certificate Bond Insurance Policy.
Appears in 1 contract
Samples: Servicing Agreement (Fund America Investors Corp Ii)
