Evaluation and Understanding. (i) It has the capacity to evaluate (internally or through independent professional advice) the Transaction and has made its own decision to enter into the Transaction; and (ii) It understands the terms, conditions and risks of the Transaction and is willing and able to accept those terms and conditions and to assume those risks, financially and otherwise.
Appears in 89 contracts
Samples: Fixed Income Derivatives Confirmation and Agreement, Mezzanine Loan Agreement (Piedmont Office Realty Trust, Inc.), Fixed Income Confirmation and Agreement (Aegis Asset Backed Securities Trust 2005-3)
Evaluation and Understanding. It is capable of evaluating and understanding (i) It has the capacity to evaluate (internally on its own behalf or through independent professional advice) the Transaction ), and has made its own decision to enter into the Transaction; and
(ii) It understands and accepts, the terms, conditions and risks of that Transaction. It is also capable of assuming, and assumes, the Transaction financial and is willing and able to accept those terms and conditions and to assume those risks, financially and otherwiseother risks of that Transaction.
Appears in 62 contracts
Samples: Restructuring Support Agreement (Gulfport Energy Corp), Isda 2002 Master Agreement (FS Investment Corp III), Isda 2002 Master Agreement (FS Investment Corp IV)
Evaluation and Understanding. It is capable of evaluating and understanding (i) It has the capacity to evaluate (internally on its own behalf or through independent professional advice) the Transaction ), and has made its own decision to enter into the Transaction; and
(ii) It understands and accepts, the terms, conditions and risks of this Transaction. It is also capable of assuming, and assumes, the Transaction financial and is willing and able to accept those terms and conditions and to assume those risks, financially and otherwiseother risks of this Transaction.
Appears in 45 contracts
Samples: Pooling and Servicing Agreement, Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-Amc4), Master Agreement (Carrington Mortgage Loan Trust, Series 2006-Nc5)
Evaluation and Understanding. (i) It has the capacity to evaluate (internally or through independent professional advice) the Transaction and has made its own decision to enter into the Transaction; and
(ii) It understands the terms, conditions and risks of the Transaction and is willing and able to accept those terms and conditions and to assume those risks, financially and otherwise.
Appears in 23 contracts
Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2006-Nc2), Pooling and Servicing Agreement (Bankunited Trust 2005-1, Mortgage Pass-Through Certificates, Series 2005-1), Pooling and Servicing Agreement (SACO I Trust 2006-6)
Evaluation and Understanding. (i) It has the capacity to evaluate (internally or through independent professional advice) the Transaction and has made its own decision subject to Section 6(n) of this Agreement to enter into the Transaction; and
Transaction and (ii) It understands the terms, conditions and risks of the Transaction and is willing and able to accept those terms and conditions and to assume those risks, financially and otherwise.
Appears in 20 contracts
Samples: Novation Agreement, Swap Administration Agreement (Fremont Home Loan Trust 2006-D), Pooling and Servicing Agreement (Nomura Asset Acceptance Corporation, Alternative Loan Trust, Series 2006-Ar3)
Evaluation and Understanding. (i) It has the capacity to evaluate (internally or through independent professional advice) the Transaction and has made its own decision to enter into the Transaction and has been directed by the Pooling and Servicing Agreement to enter into this Transaction; and
(ii) It understands the terms, conditions and risks of the Transaction and is willing and able to accept those terms and conditions and to assume those risks, financially and otherwise.
Appears in 19 contracts
Samples: Pooling and Servicing Agreement (RASC Series 2007-Ks2 Trust), Pooling and Servicing Agreement (RASC Series 2007-Ks4 Trust), Pooling and Servicing Agreement (RASC Series 2007-Ks2 Trust)
Evaluation and Understanding. (i) It has the capacity to evaluate (internally or through independent professional advice) the Transaction and has made its own decision to enter into the Transaction; and
Transaction and (ii) It understands the terms, conditions and risks of the Transaction and is willing and able to accept those terms and conditions and to assume those risks, financially and otherwise.
Appears in 14 contracts
Samples: Master Agreement (CWABS Asset-Backed Certificates Trust 2007-7), Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-Ahl1), Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2007-He1)
Evaluation and Understanding. (i) It has the capacity to evaluate (internally or through independent professional advice) the Transaction and has made its own decision to enter into the Transaction; and
Transaction and (ii) It it understands the terms, conditions and risks of the Transaction and is willing and able to accept those terms and conditions and to assume those risks, financially and otherwise.
Appears in 13 contracts
Samples: Pooling and Servicing Agreement (SACO I Trust 2007-1), Pooling and Servicing Agreement (Option One Mortgage Loan Trust 2007-2), Pooling and Servicing Agreement (SunTrust Acquisition Closed-End Seconds Trust, Series 2007-1)
Evaluation and Understanding. (i) It has the capacity to evaluate (internally or through independent professional advice) the Transaction and has made its own decision to enter into the Transaction; and
Transaction and (ii) It understands the terms, conditions and risks of the Transaction and is willing and able to accept those terms and conditions and to assume those risks, financially and otherwise.
Appears in 12 contracts
Samples: Pooling and Servicing Agreement (Soundview Home Loan Trust 2007-Opt1), Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-Ar1), Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2006-He3)
Evaluation and Understanding. (i) It has the capacity to evaluate (internally or through independent professional advice) the each Transaction and has made its own decision to enter into the Transaction; and
Transaction and (ii) It it understands the terms, conditions and risks of the Transaction and is willing and able to accept those terms and conditions and to assume those risks, financially and otherwise.
Appears in 8 contracts
Samples: Pooling and Servicing Agreement (Soundview Home Loan Trust 2007-Opt5), Pooling and Servicing Agreement (MortgageIT Securities Corp. Mortgage Loan Trust, Series 2007-2), Pooling and Servicing Agreement (Soundview Home Loan Trust 2007-Opt3)
Evaluation and Understanding. (i) It has the capacity to evaluate (internally or through independent professional advice) the each Transaction and has made its own decision to enter into the Transaction; and
Transaction and (ii) It it understands the terms, conditions and risks of the Transaction and is willing and able to accept those terms and conditions and to assume those risks, financially and otherwise.
Appears in 8 contracts
Samples: Fixed Income Derivatives Confirmation (Newcastle Mortgage Securities Trust 2007-1), Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2007-Ar5), Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2007-He5)
Evaluation and Understanding. It is capable of evaluating and understanding (i) It has the capacity to evaluate (internally on its own behalf or through independent professional advice) the Transaction ), and has made its own decision to enter into the Transaction; and
(ii) It understands and accepts the terms, conditions and risks of that Transaction. It is also capable of assuming, and assumes, the Transaction financial and is willing and able to accept those terms and conditions and to assume those risks, financially and otherwiseother risks of that Transaction.
Appears in 7 contracts
Samples: Master Agreement (New Century Financial Corp), Master Agreement (New Century Financial Corp), Schedule to the Master Agreement (Accredited Home Lenders Holding Co)
Evaluation and Understanding. (i) It has the capacity to evaluate (internally or through independent professional advice) the Transaction and has made its own decision subject to Section 6(n) of this Agreement to enter into the Transaction; and
(ii) It understands the terms, conditions and risks of the Transaction and is willing and able to accept those terms and conditions and to assume those risks, financially and otherwise.
Appears in 7 contracts
Samples: Indenture (Renaissance Home Equity Loan Trust 2006-3), Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2006-Ar1), Indenture (Renaissance Home Equity Loan Trust 2006-3)
Evaluation and Understanding. It is capable of evaluating and understanding (i) It has the capacity to evaluate (internally on its own behalf or through independent professional advice) the Transaction ), and has made its own decision to enter into the Transaction; and
(ii) It understands and accepts, the terms, conditions and risks of such Transaction. It is also capable of assuming, and assumes, the Transaction financial and is willing and able to accept those terms and conditions and to assume those risks, financially and otherwise.other risks of such Transaction;
Appears in 6 contracts
Samples: Letter Agreement (Sierra Income Corp), Letter Agreement (Sierra Income Corp), Letter Agreement (Sierra Income Corp)
Evaluation and Understanding. (i) It has the capacity to evaluate (internally or through independent professional advice) the that Transaction and has made its own decision to enter into the that Transaction; and
(ii) It understands the terms, conditions and risks of the Transaction and is willing and able to accept those terms and conditions and to assume those risks, financially and otherwise.
Appears in 5 contracts
Samples: Pooling and Servicing Agreement (Impac Secured Assets Corp), Pooling and Servicing Agreement (Impac Secured Assets Corp), Pooling and Servicing Agreement (Impac Secured Assets Corp)
Evaluation and Understanding. (i) It has the capacity to evaluate (internally or through independent professional advice) the each Transaction and has made its own decision to enter into the Transaction; and
each Transaction and (ii) It understands the terms, conditions and risks of the each Transaction and is willing and able to accept those terms and conditions and to assume those risks, financially and otherwise.
Appears in 5 contracts
Samples: Master Agreement (CWABS Asset-Backed Certificates Trust 2007-11), Master Agreement (CWABS Asset-Backed Certificates Trust 2007-9), Isda Master Agreement (Alternative Loan Trust 2007-Hy8c)
Evaluation and Understanding. It is capable of evaluating and understanding (i) It has the capacity to evaluate (internally on its own behalf or through independent professional advice) advice including the Transaction Trust Manager), and has made its own decision to enter into the Transaction; and
(ii) It understands and accepts the terms, conditions and risks of that Transaction. It is also capable of assuming, and assumes, the Transaction financial and is willing and able to accept those terms and conditions and to assume those risks, financially and otherwise.other risks of that Transaction;
Appears in 4 contracts
Samples: Isda Master Agreement (Westpac Securitisation Management Pty LTD), Master Agreement (Westpac Securitisation Management Pty LTD), Isda Master Agreement (Westpac Securitisation Management Pty LTD)
Evaluation and Understanding. It is capable of evaluating and understanding (i) It has the capacity to evaluate (internally on its own behalf or through independent professional advice) advice including advice from the Transaction Trust Manager), and has made its own decision to enter into the Transaction; and
(ii) It understands and accepts the terms, conditions and risks of that Transaction. It is also capable of assuming, and assumes, the Transaction financial and is willing and able to accept those terms and conditions and to assume those risks, financially and otherwise.other risks of that Transaction;
Appears in 4 contracts
Samples: Isda Master Agreement (Westpac Securitisation Management Pty LTD), Isda Master Agreement (Westpac Securitisation MGT Pty LTD Series 2005-1g WST Trust), Isda Master Agreement (Westpac Securitisation Management Pty LTD)
Evaluation and Understanding. (i) It has the capacity to evaluate (internally or through independent professional advice) the Transaction and has made its own decision to enter into the Transaction; and
Transaction and (ii) It it understands the terms, conditions and risks of the Transaction and is willing and able to accept those terms and conditions and to assume those risks, financially and otherwise.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-Ac3), Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2007-Sl2), Isda Master Agreement (Residential Asset Securitization Trust 2007-A5)
Evaluation and Understanding. (i) It has the capacity capability to evaluate and understand (internally on its own behalf or through independent professional advice) the Transaction ), and has made its own decision to enter into the Transaction; and
(ii) It understands does understand, the terms, conditions and risks of the Transaction this transaction and is willing and able to accept those terms and conditions and to assume those risks, (financially and otherwise) those risks.
Appears in 4 contracts
Samples: Interest Rate Protection Agreement (Cheesecake Factory Inc), Interest Rate Swap Agreement (Sierra Tahoe Bancorp), Interest Rate Protection Agreement (Bedford Property Investors Inc/Md)
Evaluation and Understanding. It is capable of evaluation and understanding (i) It has the capacity to evaluate (internally on its own behalf or through independent professional advice) the Transaction ), and has made its own decision to enter into the Transaction; and
(ii) It understands and accepts, the terms, conditions and risks of that Transaction. It is also capable of assuming, and assumes, the Transaction financial and is willing and able to accept those terms and conditions and to assume those risks, financially and otherwiseother risks of that Transaction.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Cwabs Inc Asset Backed Certificates Series 2003-Bc1), Transaction Confirmation (Chesapeake Funding LLC), Confirmation (Chesapeake Funding LLC)
Evaluation and Understanding. It is capable of evaluation and understanding (i) It has the capacity to evaluate (internally on its own behalf or through Through independent professional advice) the Transaction ), and has made its own decision to enter into the Transaction; and
(ii) It understands and accepts, the terms, conditions and risks of that Transaction. It is also capable of assuming, and assumes, the Transaction financial and is willing and able to accept those terms and conditions and to assume those risks, financially and otherwiseother risks of that Transaction.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Long Beach Sec Corp Mortgage Loan Trust 2002-4), Pooling and Servicing Agreement (Long Beach Securities Corp Asset Backed Certs Series 2002-5), Pooling and Servicing Agreement (Long Beach Sec Corp Asset Backed Cert Ser 2002 3)
Evaluation and Understanding. (i) It has the capacity capability to evaluate and understand (internally on its own behalf or through independent professional advice) the Transaction ), and has made its own decision to enter into the Transaction; and
(ii) It understands does understand, the terms, conditions and risks of the this Transaction and is willing and able to accept those terms and conditions and to assume those risks, (financially and otherwise) those risks.
Appears in 3 contracts
Samples: Asset Swap and Bond Sale Transaction (St Assembly Test Services LTD), Share Option Transaction (Enpro Industries Inc), Share Option Transaction (Enpro Industries Inc)
Evaluation and Understanding. (i) It has the capacity to evaluate (internally or through independent professional advice) the that Transaction and has made its own decision to enter into the that Transaction; and
(ii) It understands the terms, conditions and risks of the that Transaction and is willing and able to accept those terms and conditions and to assume those risks, (financially and otherwise) those risks.
Appears in 2 contracts
Samples: Isda Master Agreement (HomeBanc Mortgage Trust 2005-4), Pooling and Servicing Agreement (Impac Secured Assets Corp., Mortgage Pass-Through Certificates, Series 2005-2)
Evaluation and Understanding. It is capable of evaluating and understanding (i) It has the capacity to evaluate (internally on its own behalf or through independent professional advice) the Transaction ), and has made its own decision to enter into the Transaction; and
(ii) It understands and accepts, the terms, conditions and risks (economic and otherwise) of the Transaction and is willing and able this Transaction. It has adequate expertise in financial matters to accept evaluate those terms and conditions risks and to assume those risks, is also capable of assuming (financially and otherwise), and assumes, the financial and other risks of this Transaction.
Appears in 2 contracts
Samples: Issuer Call Spread Transaction (Computer Associates International Inc), Issuer Call Spread Transaction (Computer Associates International Inc)
Evaluation and Understanding. It is capable of evaluation and understanding (i) It has the capacity to evaluate (internally on its own behalf or through independent professional advice) the Transaction ), and has made its own decision to enter into the Transaction; and
(ii) It understands and accepts, the terms, conditions and risks of that Transaction. It is also capable of assuming and assumes the Transaction financial and is willing and able to accept those terms and conditions and to assume those risks, financially and otherwiseother risks of the Transaction.
Appears in 1 contract
Samples: Master Agreement (Pure Earth, Inc.)
Evaluation and Understanding. (i) It has the capacity to evaluate (internally or through independent professional advice) the Transaction and has made its own decision to enter into the Transaction; and
(ii) It it understands the terms, conditions and risks of the Transaction and is willing and able to accept those terms and conditions and to assume those risks, financially and otherwise.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-Ac3)
Evaluation and Understanding. (i) It has the capacity to evaluate (internally or through independent professional advice) the Transaction and has made its own decision to enter into the Transaction; and
(ii) It understands the terms, conditions and risks of the Transaction and is willing and end able to accept those terms and conditions and to assume those risks, financially and otherwise.
Appears in 1 contract
Samples: Cap Transaction (CWABS Asset-Backed Certificates Trust 2006-13)
Evaluation and Understanding. It is capable of evaluating and understanding (i) It has the capacity to evaluate (internally on its own behalf or through independent professional advice) the Transaction ), and has made its own decision to enter into the Transaction; and
(ii) It understands and accepts, the terms, conditions and risks of a Transaction. It is also capable of assuming, and assumes, the Transaction financial and is willing and able to accept those terms and conditions and to assume those risks, financially and otherwiseother risks of a Transaction.
Appears in 1 contract
Samples: Prepaid Share Option Transaction (Energizer Holdings Inc)
Evaluation and Understanding. (i) It has the capacity to evaluate (internally or through independent professional advice) the Transaction and has made its own decision to enter into the Transaction; and
(ii) It understands the terms, conditions and risks of the Transaction and is willing and able to accept those terms and conditions and to assume those risks, financially and otherwise.,
Appears in 1 contract
Samples: Mezzanine Loan Agreement (Piedmont Office Realty Trust, Inc.)
Evaluation and Understanding. (i) It has the capacity to evaluate and understand (internally on its own behalf or through independent professional advice) the Transaction ), and has made its own decision to enter into the Transaction; and
(ii) It understands and accepts the terms, conditions conditions, and risks of that Transaction. It is also capable of assuming, and assumes, the Transaction financial and is willing and able to accept those terms and conditions and to assume those risks, financially and otherwised other risks of that Transaction.
Appears in 1 contract
Samples: Isda Schedule to the Master Agreement (Met Pro Corp)
Evaluation and Understanding. (i) It has the capacity to evaluate and understand (internally on its own behalf or through independent professional advice) the Transaction ), and has made its own decision to enter into the Transaction; and
(ii) It understands and accepts, the terms, conditions and risks of that Transaction. It is also capable of assuming, and assumes, the Transaction financial and is willing and able to accept those terms and conditions and to assume those risks, financially and otherwiseother risks of that Transaction.
Appears in 1 contract
Evaluation and Understanding. (i) It is acting for its own account and has the capacity to evaluate (internally or through independent professional advice) the Transaction and has made its own decision to enter into the Transaction; and;
(ii) It understands the terms, conditions and risks of the Transaction and is willing and able to accept those terms and conditions and to assume those risks, financially and otherwise.; and
Appears in 1 contract
Samples: Indenture (New Century Home Equity Loan Trust 2006-2)
Evaluation and Understanding. (i) It has the capacity to evaluate (internally or through independent professional advice) the Transaction and has made its own decision to enter into the Transaction; and
Transaction and (ii) It understands the terms, conditions and risks of the Transaction and is willing and able to accept those terms and conditions and to assume those risks, financially and otherwise.. Global No. N594309N
Appears in 1 contract
Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2007-Wm2)
Evaluation and Understanding. (i) It has the capacity to evaluate (internally or through independent professional advice) the Transaction and has made its own decision subject to Section 13 of this Agreement to enter into the Transaction; and
(ii) It understands the terms, conditions and risks of the Transaction and is willing and able to accept those terms and conditions and to assume those risks, financially and otherwise.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I LLC Trust 2006-Ec2)
Evaluation and Understanding. It is capable of evaluating and understanding (i) It has on its own behalf or with the capacity to evaluate (internally or through assistance of independent professional advice) the Transaction ), and has made its own decision to enter into the Transaction; and
(ii) It understands and accepts, the terms, conditions and risks of such Transaction. It is also capable of assuming, and assumes, the Transaction and is willing and able to accept those terms and conditions and to assume those risks, financially and otherwiserisks of such Transaction.
Appears in 1 contract
Samples: Master Agreement (Philippine Long Distance Telephone Co)
Evaluation and Understanding. (i) It has the capacity to evaluate (internally or through independent professional advice) the Transaction and has made its own decision to enter into the Transaction, subject to Section (g) of this Agreement; and
(ii) It understands the terms, conditions and risks of the Transaction and is willing and able to accept those terms and conditions and to assume those risks, financially and otherwise.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2005-He12)
