Common use of Determination of Material Adverse Effect Clause in Contracts

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 Note Insurer or any Noteholder (or any similar or analogous determination), such determination shall be made without giving effect to the insurance provided by the Note Insurance Policy.

Appears in 3 contracts

Samples: Servicing Agreement (Financial Asset Securities Corp), Servicing Agreement (Ace Securities Corp), Servicing Agreement (Ocwen Mortgage Loan Trust Ass Back Notes Ser 1998-Oac1/)

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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, or the Note Insurer or any Noteholder Certificateholders (or any similar or analogous determination), such determination shall be made without giving effect to the insurance provided by the Note Certificate Insurance Policy.. 77

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Long Beach Sec Corp Asset Backed Cert Ser 2002 3)

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 Estate or any Noteholder Bondholder (or any similar or analogous determination), such determination shall be made without giving effect to the insurance provided by the Note Financial Guaranty Insurance Policy.

Appears in 1 contract

Samples: Servicing Agreement (Aames Capital Acceptance 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, or the Note Insurer or any Noteholder Certificateholders (or any similar or analogous determination), such determination shall be made without giving effect to the insurance provided by the Note Certificate Insurance Policy.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Long Beach Sec Corp Mortgage Loan Trust 2002-4)

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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, or the Note Insurer or any Noteholder Certificateholder (or any similar or analogous determination), such determination shall be made without giving effect to the insurance provided by the Note Insurance Policy[CERTIFICATE INSURANCE POLICY]; subject to the FHA Regulations, if applicable.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Cityscape Corp)

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