Determination of Material Adverse Effect. Any determination of material adverse effect on Investor Certificateholders under the Agreement or this Supplement shall be made assuming the 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 4 contracts
Samples: Pooling and Servicing Agreement (Providian National Bank), Pooling and Servicing Agreement (Providian National Bank), Pooling and Servicing Agreement (Providian National Bank)
Determination of Material Adverse Effect. Any determination of material adverse effect on Investor Certificateholders under the Agreement or this Supplement shall be made assuming the 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 2 contracts
Samples: Pooling and Servicing Agreement (Providian Master Trust), Pooling and Servicing Agreement (Providian National Bank /New/)
