Common use of Financial Guaranty Insurer's Use of Information Clause in Contracts

Financial Guaranty Insurer's Use of Information. The Company and the Trustee on behalf of Certificateholders and the Trust (the "Trust Parties") hereby authorize the Financial Guaranty Insurer to include the information contained in reports provided to the Certificate Insurer hereunder (the "Information") on Bloomberg, or in other electronic or print information services. The Trust Parties agree not to commence any actions or proceedings, or otherwise assert any claims, against the Financial Guaranty Insurer or its Affiliates or any of the Financial Guaranty Insurer Parties, arising out of, or related to or in connection with the dissemination and/or use of any information by the Certificate Insurer as contemplated in this Section, including, but not limited to, claims based on allegations of inaccurate, incomplete or erroneous transfer of information by the Financial Guaranty Insurer to Bloomberg or otherwise (other than in connection with the Financial Guaranty Insurer's gross negligence or willful misconduct). The Trust Parties waive their rights to assert any such claims against the Financial Guaranty Insurer Parties and fully and finally release the Financial Guaranty Insurer Parties from any and all such claims, demands, obligations, actions and liabilities (other than in connection with the Financial Guaranty Insurer's gross negligence or willful misconduct). The Financial Guaranty Insurer makes no representations or warranties, expressed or implied, of any kind whatsoever with respect to the accuracy, adequacy, timeliness, completeness, merchantability or fitness for any particular purpose of any Information in any form or manner. The Financial Guaranty Insurer reserves the right at any time to withdraw or suspend the dissemination of the Information by the Financial Guaranty Insurer. The authorizations, covenants and obligations of the Trust Parties under this section shall be irrevocable and shall survive the termination of this Agreement. 95 101 ARTICLE SIX THE CERTIFICATES

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Aames Capital Acceptance Corp)

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Financial Guaranty Insurer's Use of Information. The Company and the Trustee on behalf of Certificateholders and the Trust (the "Trust Parties") hereby authorize the Financial Guaranty Insurer to include the information contained in reports provided to the Certificate Insurer hereunder (the "Information") on Bloomberg, or in other electronic or print information services. The Trust Parties agree not to commence any actions or proceedings, or otherwise assert any claims, against the Financial Guaranty Insurer or its Affiliates or any of the Financial Guaranty Insurer Parties, arising out of, or related to or in connection with the dissemination and/or use of any information by the Certificate Insurer as contemplated in this Section, including, but not limited to, claims based on allegations of inaccurate, incomplete or erroneous transfer of information by the Financial Guaranty Insurer to Bloomberg or otherwise (other than in connection with the Financial Guaranty Insurer's gross negligence or willful misconduct). The Trust Parties waive their rights to assert any such claims against the Financial Guaranty Insurer Parties and fully and finally release the Financial Guaranty Insurer Parties from any and all such claims, demands, obligations, actions and liabilities (other than in connection with the Financial Guaranty Insurer's gross negligence or willful misconduct). The Financial Guaranty Insurer makes no representations or warranties, expressed or implied, of any kind whatsoever with respect to the accuracy, adequacy, timeliness, completeness, merchantability or fitness for any particular purpose of any Information in any form or manner. The Financial Guaranty Insurer reserves the right at any time to withdraw or suspend the dissemination of the Information by the Financial Guaranty Insurer. The authorizations, covenants and obligations of the Trust Parties under this section shall be irrevocable and shall survive the termination of this Agreement. 95 101 ARTICLE SIX THE CERTIFICATES101

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Aames Capital Corp)

Financial Guaranty Insurer's Use of Information. The Company Transferor, the Servicer and the Trustee on behalf of Certificateholders and the Trust (the "Trust Parties") hereby authorize the Financial Guaranty Insurer to include the information contained in reports provided to the Certificate Financial Guaranty Insurer hereunder (the "Information") on Bloomberg, or in other electronic or print information services. The Trust Parties agree not to commence any actions or proceedings, or otherwise assert any claims, against the Financial Guaranty Insurer or its Affiliates or any of the Financial Guaranty Insurer Parties, arising out of, or related to or in connection with the dissemination and/or use of any information by the Certificate Financial Guaranty Insurer as contemplated in this Section, including, but not limited to, claims based on allegations of inaccurate, incomplete or erroneous transfer of information by the Financial Guaranty Insurer to Bloomberg or otherwise (other than in connection with the Financial Guaranty Insurer's gross negligence or willful misconduct). The Trust Parties waive their rights to assert any such claims against the Financial Guaranty Insurer Parties and fully and finally release the Financial Guaranty Insurer Parties from any and all such claims, demands, obligations, actions and liabilities (other than in connection with the Financial Guaranty Insurer's gross negligence or willful misconduct). The Financial Guaranty Insurer makes no representations or warranties, expressed or implied, of any kind whatsoever with respect to the accuracy, adequacy, timeliness, completeness, merchantability or fitness for any particular purpose of any Information in any form or manner. The Financial Guaranty Insurer reserves the right at any time to withdraw or suspend the dissemination of the Information by the Financial Guaranty Insurer. The authorizations, covenants and obligations of the Trust Parties under this section shall be irrevocable and shall survive the termination of this Agreement. 95 101 ARTICLE SIX THE CERTIFICATES.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Aames Capital Acceptance Corp)

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Financial Guaranty Insurer's Use of Information. The Company and the Trustee on behalf of Certificateholders and the Trust (the "Trust Parties") hereby authorize the Financial Guaranty Insurer to include the information contained in reports provided to the Certificate Financial Guaranty Insurer hereunder (the "Information") on Bloomberg, or in other electronic or print information services. The Trust Parties agree not to commence any actions or proceedings, or otherwise assert any claims, against the Financial Guaranty Insurer or its Affiliates or any of the Financial Guaranty Insurer Parties, arising out of, or related to or in connection with the dissemination and/or use of any information by the Certificate Financial Guaranty Insurer as contemplated in this Section, including, but not limited to, claims based on allegations of inaccurate, incomplete or erroneous transfer of information by the Financial Guaranty Insurer to Bloomberg or otherwise (other than in connection with the Financial Guaranty Insurer's gross negligence or willful misconduct). The Trust Parties waive their rights to assert any such claims against the Financial Guaranty Insurer Parties and fully and finally release the Financial Guaranty Insurer Parties from any and all such claims, demands, obligations, actions and liabilities (other than in connection with the Financial Guaranty Insurer's gross negligence or willful misconduct). The Financial Guaranty Insurer makes no representations or warranties, expressed or implied, of any kind whatsoever with respect to the accuracy, adequacy, timeliness, completeness, merchantability or fitness for any particular purpose of any Information in any form or manner. The Financial Guaranty Insurer reserves the right at any time to withdraw or suspend the dissemination of the Information by the Financial Guaranty Insurer. The authorizations, covenants and obligations of the Trust Parties under this section shall be irrevocable and shall survive the termination of this Agreement. 95 101 ARTICLE SIX THE CERTIFICATES91 97

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Aames Capital Corp)

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