General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires: (a) The terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender; (b) Accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles; (c) References herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement; (d) A reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions; (e) The words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
Appears in 65 contracts
Samples: MSR Recapture Agreement (PennyMac Mortgage Investment Trust), MSR Recapture Agreement (PennyMac Mortgage Investment Trust), Future Spread Agreement for Non Agency Mortgage Loans
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) References references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) A a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(f) the term “include” or “including” shall mean by reason of enumeration.
Appears in 48 contracts
Samples: Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust 2005-8xs), Securitization Subservicing Agreement (Sasco 2007-Bnc1), Securitization Subservicing Agreement (Sasco Mortgage Loan Trust Series 2004-Gel2)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) References references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) A a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(f) the term “include” or “including” shall mean by reason of enumeration.
Appears in 44 contracts
Samples: Servicing Agreement (Lehman XS Trust 2006-11), Servicing Agreement (Lehman Mortgage Trust 2006-1), Servicing Agreement (Lehman XS Trust 2007-11)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) References references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) A a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(f) the term “include” or “
Appears in 39 contracts
Samples: Servicing Agreement, Servicing Agreement (Structured Asset Securities Corp Mortgage Pass-Through Certificates, Series 2005-1), Servicing Agreement (Structured Asset Securities Corp Mortgage Pass-Through Certificates, Series 2004-15)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a1) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b2) Accounting any reference in this Agreement to this Agreement or any other agreement, document, or instrument shall be a reference to this Agreement or any other such agreement, document, or instrument as the same has been amended, modified, or supplemented in accordance with the terms hereof and thereof (as applicable);
(3) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c4) References references herein to “"Articles,” “" "Sections,” “" "Subsections,” “" "Paragraphs,” " and other subdivisions without reference to a document are to designated Articlesarticles, Sectionssections, Subsectionssubsections, Paragraphs paragraphs and other subdivisions of this Agreement, unless the context shall otherwise require;
(d) A reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
Appears in 36 contracts
Samples: Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Structured Asset Sec Corp Mortgage Pas THR Cert Se 2002-27a), Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2006-Af2), Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-18a)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) References references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) A reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(f) the term “include” or “including” shall mean without limitation by reason of enumeration.
Appears in 36 contracts
Samples: Mortgage Loan Sale and Purchase Agreement (Exantas Capital Corp.), Asset Sale Agreement (ZAIS Financial Corp.), Mortgage Loan Purchase and Interim Servicing Agreement (Five Oaks Investment Corp.)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) References references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions Subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) A reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(f) the term “include” or “including” shall mean without limitation by reason of enumeration.
Appears in 26 contracts
Samples: Master Mortgage Loan Purchase and Interim Servicing Agreement, Reconstituted Servicing Agreement (Harborview 2006-7), Reconstitution Agreement (Dsla 2006-Ar2)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) The terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) References herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) A reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(f) The term “include” or “including” shall mean without limitation by reason of enumeration.
Appears in 20 contracts
Samples: MSR Recapture Agreement (PennyMac Financial Services, Inc.), Master Spread Acquisition and MSR Servicing Agreement, MSR Portfolio Defense Agreement
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) References references herein to “"Articles,” “", "Sections,” “", "Subsections,” “", "Paragraphs,” ", and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) A a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The the words “"herein,” “", "hereof,” “", "hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(f) the term "include" or "
Appears in 19 contracts
Samples: Servicing Agreement (Structured Asset Securities Corp), Servicing Agreement (Structured Asset Sec Corp Thornburg Mort Sec Trust 2003 6), Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 2002 Bc4)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) References references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) A reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(f) the terms “include” and “including” shall mean without limitation by reason of enumeration.
Appears in 19 contracts
Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-5ax), Master Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-14ar), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-8xs)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(ai) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(bii) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(ciii) References references herein to “"Articles,” “" "Sections,” “" "Subsections,” “" "Paragraphs,” " and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(div) A a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(ev) The the words “"herein,” “" "hereof,” “" "hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(vi) the term "include" or "including" shall mean without limitation by reason of enumeration.
Appears in 18 contracts
Samples: Servicing Agreement (SACO I Trust 2006-7), Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2007-3), Pooling and Servicing Agreement (Prime Mortgage Trust 2007-2)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) References references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) A reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(f) the terms “include” and “including” shall mean without limitation by reason of enumeration.
Appears in 16 contracts
Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-8xs), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-14ar), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-14ar)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(ai) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(bii) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principlesGAAP;
(ciii) References references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(div) A a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(ev) The the words “herein,” “hereof,” “hereunder,” and other words of similar import refer to this Agreement as a whole and not to any particular provision;
(vi) the term “include” or “including” shall mean without limitation by reason of enumeration; and
Appears in 15 contracts
Samples: Seller’s Purchase and Warranties Agreement (Caliber Home Loans, Inc.), Seller’s Purchase, Warranties and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-6), Seller’s Purchase, Warranties and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-11ar)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) The terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principlesGAAP;
(c) References herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) A reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
Appears in 15 contracts
Samples: Excess MSR Acquisition and Recapture Agreement (Cherry Hill Mortgage Investment Corp), Flow and Bulk Excess MSR Purchase Agreement (Cherry Hill Mortgage Investment Corp), Excess MSR Acquisition and Recapture Agreement (Cherry Hill Mortgage Investment Corp)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(ai) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(bii) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(ciii) References references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(div) A a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(ev) The the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(vi) the term “include” or “including” shall mean without limitation by reason of enumeration.
Appears in 15 contracts
Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Sd3), Reconstituted Servicing Agreement (HarborView 2007-3), Servicing Agreement (Peoples Choice Home Loan Securities Trust Series 2005-3)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) References references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions Subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) A reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and;
(f) the term “include” or “
Appears in 15 contracts
Samples: Master Mortgage Loan Purchase and Servicing Agreement, Master Loan Purchase and Servicing Agreement (MASTR Adjustable Rate Mortgages Trust 2006-2), Master Mortgage Loan Purchase Agreement (GSR 2006-Ar2)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
: (a) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
; (b) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
; (c) References references herein to “Articles,” ”, “Sections,” ”, “Subsections,” ”, “Paragraphs,” ”, and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
; (d) A a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
; (e) The the words “herein,” ”, “hereof,” ”, “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and(f) the term “include” or “
Appears in 13 contracts
Samples: Master Repurchase Agreement (UWM Holdings Corp), Master Repurchase Agreement (Rocket Companies, Inc.), Master Repurchase Agreement (Finance of America Companies Inc.)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) References references herein to “"Articles,” “", "Sections,” “", "Subsections,” “", "Paragraphs,” ", and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) A a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The the words “"herein,” “", "hereof,” “", "hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
f) the term "include" or "
Appears in 12 contracts
Samples: Servicing Agreement (Greenwich Capital Acceptance Inc), Servicing Agreement (SASCO Mortgage Loan Trust Series 2005-Gel3), Seller's Warranties and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2006-Ar5)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) References references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions Subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) A reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision;
(f) the term “include” or “including” shall mean without limitation by reason of enumeration; and
Appears in 10 contracts
Samples: Participation Interest Sale and Contribution Agreement (DITECH HOLDING Corp), Mortgage Loan Purchase Agreement (DITECH HOLDING Corp), Master Mortgage Loan Purchase Agreement (GSR Mortgage Loan Trust 2006-10f)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) References references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) A reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(f) the term “include” or “including” shall mean without limitation by reason of enumeration.
Appears in 10 contracts
Samples: Mortgage Loan Purchase and Servicing Agreement, Mortgage Loan Purchase and Servicing Agreement (Five Oaks Investment Corp.), Sale and Servicing Agreement (Lehman XS Trust Series 2006-14n)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) References references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) A reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(f) the term “include” or “
Appears in 9 contracts
Samples: Servicing Agreement (Structured Asset Securities Co Mor Pass-THR Cer Ser 2002-19), Servicing Agreement (Structured Asset Securities Corp Mor Pa Th Ce Se 2002 23xs), Mortgage Loan Sale and Servicing Agreement (J.P. Morgan Alternative Loan Trust 2006-S1)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a1) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b2) Accounting any reference in this Agreement to this Agreement or any other agreement, document, or instrument shall be a reference to this Agreement or any other such agreement, document, or instrument as the same has been amended, modified, or supplemented in accordance with the terms hereof and thereof (as applicable);
(3) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c4) References references herein to “"Articles,” “" "Sections,” “" "Subsections,” “" "Paragraphs,” , " and other subdivisions without reference to a document are to designated Articlesarticles, Sectionssections, Subsectionssubsections, Paragraphs paragraphs and other subdivisions of this Agreement, unless the context shall otherwise require;
(d) A reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
Appears in 9 contracts
Samples: Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Banc of America Funding 2006-I Trust), Mortgage Loan Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series 2005-A9), Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Merrill Lynch Mortgage Investors Inc)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(ai) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(bii) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(ciii) References references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs Paragraphs, and other subdivisions of this Agreement;
(div) A a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(ev) The the words “herein,” “hereof,” “hereunder,” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(vi) the term “include” or “
Appears in 9 contracts
Samples: Servicing Agreement (GSR Mortgage Loan Trust 2006-1f), Servicing Agreement (GSR Mortgage Loan Trust 2006-Ar1), Servicing Agreement (GSR Mortgage Loan Trust 2006-2f)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) References references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions Subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) A reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(f) the term “include” or “
Appears in 8 contracts
Samples: Master Mortgage Loan Purchase and Interim Servicing Agreement (Dsla Mortgage Loan Trust 2006-Ar1), Mortgage Loan Purchase and Interim Servicing Agreement (Asset Backed Securities CORP Home Equity Loan Trust, Series AMQ 2007-He2), Mortgage Loan Purchase and Interim Servicing Agreement (Asset Backed Securities CORP Home Equity Loan Trust, Series AMQ 2007-He2)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(ai) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(bii) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(ciii) References references herein to “"Articles,” “", "Sections,” “", "Subsections,” “", "Paragraphs,” ", and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(div) A a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(ev) The the words “"herein,” “", "hereof,” “", "hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(vi) the term "include" or "including" shall mean without limitation by reason of enumeration.
Appears in 8 contracts
Samples: Servicing Agreement (Wells Fargo Real Estate Investment Corp.), Servicing Agreement (HSI Asset Securitization CORP Trust 2006-He2), Seller's Warranties and Servicing Agreement (Sequoia Mortgage Trust 2007-3)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(ai) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(bii) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(ciii) References references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(div) A a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(ev) The the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(vi) the term “include” or “
Appears in 7 contracts
Samples: Servicing Agreement, Reconstituted Servicing Agreement (HarborView Mortgage Loan Trust 2005-15), Servicing Agreement (Mortgage Loan Pass-Through Certificates Series 2003-1)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) References references herein to “Articles,” “"Sections,” “" "Subsections,” “" "Paragraphs,” " and other subdivisions Subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) A reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The the words “"herein,” “" "hereof,” “" "hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(f) the term "include" or "including" shall mean without limitation by reason of enumeration.
Appears in 7 contracts
Samples: Mortgage Loan Purchase Agreement (E Loan Inc), Assignment, Assumption and Recognition Agreement (HSI Asset Securitization CORP Trust 2007-Nc1), Assignment, Assumption and Recognition Agreement (HSI Asset Securitization CORP Trust 2006-He2)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(ai) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(bii) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principlesGAAP;
(ciii) References references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(div) A a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(ev) The the words “herein,” “hereof,” “hereunder,” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and;
(vi) the term “include” or “
Appears in 7 contracts
Samples: Master Seller’s Purchase, Warranties and Interim Servicing Agreement (MASTR Asset Securitization Trust 2006-2), Master Seller’s Purchase, Warranties and Interim Servicing Agreement (MASTR Alternative Loan Trust 2006-3), Mortgage Loan Purchase Agreement (TBW 2006-2)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principlesGAAP;
(c) References references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) A a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(f) the term “include” or “including” shall mean without limitation by reason of enumeration.
Appears in 7 contracts
Samples: Master Seller’s Warranties and Servicing Agreement (GSR Mortgage Loan Trust 2007-1f), Master Seller’s Warranties and Servicing Agreement (GSR Mortgage Loan Trust 2007-3f), Master Seller’s Warranties and Servicing Agreement (GSR Mortgage Loan Trust 2007-Ar2)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(ai) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(bii) Accounting accounting terms not otherwise defined herein have the meanings meaning assigned to them in accordance with generally accepted accounting principles;
(ciii) References references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(div) A a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(ev) The the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(vi) the term “include” or “including” shall mean without limitation by reason of enumeration.
Appears in 6 contracts
Samples: Servicing Agreement (Altisource Residential Corp), Servicing Agreement (Altisource Residential Corp), Servicing Agreement (Altisource Residential Corp)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) References references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs Paragraphs, and other subdivisions of this Agreement;
(d) A a reference to a Subsection subsection without further reference to a Section is a reference to such Subsection subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The the words “herein,” “hereof,” “hereunder,” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(f) the term “include” or “including” shall mean without limitation by reason of enumeration.
Appears in 6 contracts
Samples: Purchase and Assignment Agreement, Inducement Agreement, Purchase and Assignment Agreement (First Marblehead Corp)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) References references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions Subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) A reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(f) the term “include” or “including” shall mean without limitation by reason of enumeration.
Appears in 6 contracts
Samples: Mortgage Loan Purchase Agreement (ECC Capital CORP), Psa Subservicing Agreement (Popular ABS Mortgage Pass-Through Trust 2006-B), Psa Subservicing Agreement (Popular ABS Mortgage Pass-Through Trust 2006-D)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) References references herein to “"Articles,” “", "Sections,” “", "Subsections,” “", "Paragraphs,” ", and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) A a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The the words “"herein,” “", "hereof,” “", "hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(f) the term "include" or "including" shall mean by reason of enumeration.
Appears in 6 contracts
Samples: Servicing Agreement (Thornburg Mortgage Securities Trust 2007-2), Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-3), Servicing Agreement (Structured Asset Securities Corp Mort Pas THR Cer Se 2002-2)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) References references herein to “"Articles,” “" "Sections,” “" "Subsections,” “" "Paragraphs,” " and other subdivisions Subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) A reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The the words “"herein,” “" "hereof,” “" "hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(f) the term "include" or "including" shall mean without limitation by reason of enumeration.
Appears in 5 contracts
Samples: Mortgage Loan Purchase and Servicing Agreement (CMALT (CitiMortgage Alternative Loan Trust), Series 2007-A7), Master Mortgage Loan Purchase and Servicing Agreement (HarborView 2006-11), Master Mortgage Loan Purchase and Servicing Agreement (HarborView 2006-12)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) References references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions Subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) A reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and;
Appears in 5 contracts
Samples: Master Mortgage Loan Purchase Agreement (GSR Mortgage Loan Trust 2007-Ar1), Servicing Agreement (Thornburg Mortgage Securities Trust 2006-1), Master Mortgage Loan Purchase Agreement (GSR Mortgage Loan Trust 2007-Ar2)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(ai) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(bii) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(ciii) References references herein to “"Articles,” “" "Sections,” “" "Subsections,” “" "Paragraphs,” " and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs Paragraphs, and other subdivisions of this Agreement;
(div) A a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(ev) The the words “"herein,” “" "hereof,” “" "hereunder” ," and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(vi) the term "include" or "
Appears in 5 contracts
Samples: Servicing Agreement (Zuni 2006-Oa1), Servicing Agreement (GSR Mortgage Loan Trust 2006-2f), Servicing Agreement (GSR Mortgage Loan Trust 2006-6f)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) A. The terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) B. Accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) C. References herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions Subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) A reference D. Reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) E. The words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Master Loan Sale Agreement as a whole and not to any particular provision; and
F. The term “include” or “including” shall mean without limitation by reason of enumeration.
Appears in 5 contracts
Samples: Put Agreement, Put Agreement, Put Agreement
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(ai) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(bii) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principlesGAAP;
(ciii) References references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(div) A a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(ev) The the words “herein,” “hereof,” “hereunder,” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and;
Appears in 4 contracts
Samples: Mortgage Loan Purchase Agreement (TBW Mortgage-Backed Trust Series 2006-4), Seller’s Purchase, Warranties and Interim Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-5ax), Seller’s Purchase, Warranties and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-5ax)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(ai) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(bii) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(ciii) References references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(div) A a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(ev) The the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision;
(vi) the term “include” or “including” shall mean without limitation by reason of enumeration; and
Appears in 4 contracts
Samples: Servicing Agreement (Encore Credit Receivables Trust 2005-3), Servicing Agreement (Encore Credit Receivables Trust 2005-2), Pooling and Servicing Agreement (Opteum Mortgage Acceptance Corp. Asset-Backed Pass-Through Certificates, Series 2005-4)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(ai) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(bii) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(ciii) References references herein to “Articles,” ”, “Sections,” sections”, “Subsections,” “”, Paragraphs,” ”, and other subdivisions without reference to a document are to be designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(div) A a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(ev) The the words “herein,” ”, “hereof,” ”, “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(vi) the terms “include” or “including” shall mean without limitation by reason of enumeration.
Appears in 4 contracts
Samples: Master Mortgage Loan Purchase Agreement (Morgan Stanley Mortgage Loan Trust 2007-10xs), Master Mortgage Loan Purchase Agreement (Morgan Stanley Mortgage Loan Trust 2007-14ar), Master Mortgage Loan Purchase Agreement (Morgan Stanley Mortgage Loan Trust 2007-15ar)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(ai) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(bii) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(ciii) References references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs Paragraphs, and other subdivisions of this Agreement;
(div) A a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(ev) The the words “herein,” “hereof,” “hereunder,” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
Appears in 4 contracts
Samples: Servicing Agreement (GSR Mortgage Loan Trust 2006-9f), Servicing Agreement (GSR Mortgage Loan Trust 2007-4f), Servicing Agreement (GSR Mortgage Loan Trust 2006-Oa1)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) References references herein to “Articles,” “"Sections,” “" "Subsections,” “" "Paragraphs,” " and other subdivisions Subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) A reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The the words “"herein,” “" "hereof,” “" "hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(f) the term "include" or "
Appears in 3 contracts
Samples: Mortgage Loan Servicing Rights Purchase and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Ar3), Mortgage Loan Servicing Rights Purchase and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Ar2), Mortgage Loan Servicing Rights Purchase and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Ar1)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) References references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) A reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(f) the terms “include” or “including” shall mean without limitation by reason of enumeration.
Appears in 3 contracts
Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-5ax), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-15ar), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-15ar)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) The terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) References herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) A reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and;
Appears in 3 contracts
Samples: Sale and Assignment Agreement (Newcastle Investment Corp), Sale and Assignment Agreement (Nationstar Mortgage Holdings Inc.), Subservicing Agreement (Long Beach Mortgage Loan Trust 2006-Wl2)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(ai) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gendersender;
(bii) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(ciii) References references herein to “Articles,” ”, “Sections,” ”, “Subsections,” “”, Paragraphs,” and other subdivisions without reference to a document are to be designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(div) A a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(ev) The the words “herein,” ”, “hereof,” “hereunder” ”, hereunder and other words of similar import refer to this Agreement as a whole and not to any particular provision; and;
(vi) the terms “include” or “
Appears in 3 contracts
Samples: Servicing Agreement (Greenwich Capital Acceptance Thornburg Sec Tr 2003-4), Servicing Agreement (Greenwich Capital Acceptance Inc Thorn Mort Sec Tr 2003-1), Servicing Agreement (Thornburg Mortgage Sec Tr 2002-1 MRT Ln Ps THR CRT Sr 2002-1)
General Interpretive Principles. For purposes of this ------------------------------- Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) References references herein to “Articles,” “"Sections,” “" "Subsections,” “" "Paragraphs,” " and other subdivisions Subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) A reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The the words “"herein,” “" "hereof,” “" "hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
Appears in 3 contracts
Samples: Mortgage Loan Purchase and Interim Servicing Agreement (United Panam Financial Corp), Assignment, Assumption and Recognition Agreement (United Panam Financial Corp), Assignment, Assumption and Recognition Agreement (United Panam Financial Corp)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) The terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting terms not otherwise defined herein have the meanings assigned to them in accordance with United States generally accepted accounting principles;
(c) References herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) A reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
Appears in 3 contracts
Samples: Mortgage Banking Services Agreement (PennyMac Mortgage Investment Trust), Mortgage Banking Services Agreement (PennyMac Mortgage Investment Trust), Mortgage Banking Services Agreement (PennyMac Mortgage Investment Trust)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(ai) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(bii) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(ciii) References references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(div) A a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(ev) The (he words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(vi) the terms “include” or “including” shall mean without limitation by reason of enumeration.
Appears in 3 contracts
Samples: Master Servicing Agreement (Sequoia Mortgage Trust 2007-2), Master Servicing Agreement (Sequoia Mortgage Trust 2007-1), Master Servicing Agreement (Sequoia Mortgage Trust 2007-4)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(ai) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(bii) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(ciii) References references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(div) A a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(ev) The the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
Appears in 3 contracts
Samples: Subservicing Agreement (MortgageIT Mortgage Loan Trust 2006-1), Reconstitution Agreement (HarborView 2007-2), Reconstitution Agreement (HarborView 2007-7)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
, (ai) The the terms defined in Article I, Section 5.04, and elsewhere in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
genders; (bii) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
GAAP; (ciii) References references herein to “"Articles,” “" "Sections,” “Subsections" "subsections,” “Paragraphs,” " "paragraphs" and other subdivisions without reference to a document are to designated Articles, Sections, Subsectionssubsections, Paragraphs paragraphs and other subdivisions of this Agreement;
; (div) A a reference to a Subsection subsection without further reference to a Section is a reference to such Subsection subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs paragraphs and other subdivisions;
; (ev) The words “herein,” “hereof,” “hereunder” and other words of similar import refer a reference to this Agreement as a whole and not to any particular provision; andan Exhibit or a
Appears in 3 contracts
Samples: Term Loan Agreement (Goldman Sachs Group Inc), Term Loan Agreement (McNeil Real Estate Fund Xxvi Lp), Term Loan Agreement (Goldman Sachs Group Inc)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) The terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principlesprinciples in the United States of America;
(c) References herein to “Articles,” ”, “Sections,” ”, “Subsections,” ”, “Paragraphs,” ”, and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) A reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The words “herein,” ”, “hereof,” ”, “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and;
Appears in 3 contracts
Samples: Mortgage Servicing Rights Purchase and Sale Agreement (HomeStreet, Inc.), Commercial Mortgage Servicing Oversight Agreement (PennyMac Mortgage Investment Trust), Commercial Mortgage Servicing Oversight Agreement (PennyMac Mortgage Investment Trust)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) References references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) A a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(f) the term “include” or “including” shall mean without limitation by reason of enumeration.
Appears in 3 contracts
Samples: Servicing Agreement (Peoples Choice Home Loan Securities Trust Series 2005-4), Servicing Agreement (People's Financial Realty Mortgage Securities 2006-1), Servicing Agreement (Peoples Choice Home Loan Securities Corp)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(ai) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(bii) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(ciii) References references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(div) A a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(ev) The the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(vi) the terms “include” or “
Appears in 3 contracts
Samples: Servicing Agreement (Greenwich Capital Acceptance Thornburg Sec Tr 2003-4), Servicing Agreement (Thornburg Mortgage Sec Tr 2002-1 MRT Ln Ps THR CRT Sr 2002-1), Servicing Agreement (Greenwich Capital Acceptance Inc Thorn Mort Sec Tr 2003-1)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) References references herein to “"Articles,” “" "Sections,” “" "Subsections,” “" "Paragraphs,” " and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) A reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The the words “"herein,” “" "hereof,” “" "hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(f) the term "include" or "including" shall mean without limitation by reason of enumeration.
Appears in 2 contracts
Samples: Mortgage Loan Sale and Servicing Agreement (Sunset Financial Resources Inc), Flow Master Seller's Warranties and Servicing Agreement (Sunset Financial Resources Inc)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) References references herein to “"Articles,” “" "Sections,” “" "Subsections,” “" "Paragraphs,” " and other subdivisions Subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) A reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The the words “"herein,” “" "hereof,” “" "hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
f) the term "include" or "including" shall mean without limitation by reason of enumeration.
Appears in 2 contracts
Samples: Master Mortgage Loan Purchase and Servicing Agreement, Master Mortgage Loan Purchase and Servicing Agreement (Washington Mutual Mortgage Pass-Through Certificates, WMALT Series 2006-Ar1)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) References references herein to “"Articles,” “" "Sections,” “Subsections,” “" "Paragraphs,” " and other subdivisions Subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) A reference to a Subsection Section without further reference to a Section is a reference to such Subsection Section as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The the words “"herein,” “" "hereof,” “" "hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
Appears in 2 contracts
Samples: Mortgage Loan Purchase Agreement (Bay View Capital Corp), Mortgage Loan Purchase Agreement (Bay View Capital Corp)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) References references herein to “"Articles,” “", "Sections,” “", "Subsections,” “", "Paragraphs,” ", and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) A a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The the words “"herein,” “", "hereof,” “", "hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(f) the term "include" or "including" shall mean without limitation by reason of enumeration.
Appears in 2 contracts
Samples: Master Mortgage Loan Purchase and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-6), Master Mortgage Loan Purchase and Servicing Agreement (Citigroup Mortgage Loan Trust 2006-Ar7)
General Interpretive Principles. For purposes of this Agreement, Guaranty except as otherwise expressly provided or unless the context otherwise requires:
(a) The A. the terms defined in this Agreement Guaranty have the meanings assigned to them in this Agreement Guaranty and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting B. accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principlesGenerally Accepted Accounting Principles as in effect on the date hereof;
(c) References C. references herein to “Articles,” “Sections,” ”, “Subsections,” ”, “Paragraphs,” paragraphs”, and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs paragraphs and other subdivisions of this AgreementGuaranty;
(d) A D. a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs paragraphs and other subdivisions;
(e) The E. the words “herein,” ”, “hereof,” ’, “hereunder” and other words of similar import refer to this Agreement Guaranty as a whole and not to any particular provision; and
F. the term “include” or “including” shall mean without limitation by reason of enumeration.
Appears in 2 contracts
Samples: Guaranty (Willis Lease Finance Corp), Guaranty (Willis Lease Finance Corp)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) References references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions Subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) A reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and;
(f) the term “include” or “including” shall mean without limitation by reason of enumeration;
Appears in 2 contracts
Samples: Mortgage Loan Purchase and Sale Agreement (Home Loan Servicing Solutions, Ltd.), Mortgage Loan Purchase and Servicing Agreement (Sequoia Mortgage Trust 2006-1)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(ai) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(bii) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(ciii) References references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(div) A a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(ev) The the words “herein,” “hereofhereof ,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and;
Appears in 2 contracts
Samples: Mortgage Loan Purchase, Warranties and Servicing Agreement (GSR Mortgage Loan Trust 2007-1f), Mortgage Loan Purchase, Warranties and Servicing Agreement (GSR Mortgage Loan Trust 2007-2f)
General Interpretive Principles. For purposes of this Agreement, Agreement except as otherwise expressly provided or unless the context otherwise requires:
(a) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principlesGAAP as in effect on the date hereof;
(c) References references herein to “"Articles,” “", "Sections,” “", "Subsections,” “", "Paragraphs,” " and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) A a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The the words “"herein,” “", "hereof,” “", "hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(f) the term "include" or "including" shall mean without limitation by reason of enumeration.
Appears in 2 contracts
Samples: Servicing Agreement (California Independent Bancorp), Receivables Transfer Agreement (HPSC Inc)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) The terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) References herein to “"Articles,” “" "Sections,” “" "Subsections,” “" "Paragraphs,” " and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) A reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The words “"herein,” “" "hereof,” “" "hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(f) The term "include" or "including" shall mean without limitation by reason of enumeration.
Appears in 2 contracts
Samples: Future Spread Agreement for Non Agency Mortgage Loans (Nationstar Mortgage Holdings Inc.), Current Excess Servicing Spread Acquisition Agreement (Nationstar Mortgage Holdings Inc.)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) References references herein to “Articles,” “"Sections,” “" "Subsections,” “" "Paragraphs,” " and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) A reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The the words “"herein,” “" "hereof,” “" "hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
Appears in 2 contracts
Samples: Purchase Agreement (Life Financial Corp), Pooling and Servicing Agreement (Sabr Trust 2005-Fr2)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) References references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) A a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and;
(f) the term “include” or “including” shall mean without limitation by reason of enumeration;
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Elevate Credit, Inc.), Participation Interest Purchase and Sale Agreement (Elevate Credit, Inc.)
General Interpretive Principles. For purposes of this Agreement, Indenture except as otherwise expressly provided or unless the context otherwise requires:
(a) The the defined terms defined in this Agreement have the meanings assigned to them in this Agreement and Indenture shall include the plural as well as the singular, singular and the use of any gender herein shall be deemed to include the any other gender;
(b) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principlesprinciples as in effect on the date hereof;
(c) References references herein to “Articles,” “Sections,” “Subsections,” “Paragraphsparagraphs,” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs paragraphs and other subdivisions of this AgreementIndenture;
(d) A a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs paragraphs and other subdivisions;
(e) The the words “herein,” “hereof,” ’, “hereunder” and other words of similar import refer to this Agreement Indenture as a whole and not to any particular provision; and
Appears in 2 contracts
Samples: Indenture (Seacastle Inc.), Indenture (Seacastle Inc.)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) References references herein to “Articles,” ”, “Sections,” ”, “Subsections,” ”, “Paragraphs,” ”, and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) A a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The the words “herein,” ”, “hereof,” ”, “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(f) the term “include” or “including” shall mean by reason of enumeration.
Appears in 2 contracts
Samples: Servicing Agreement (Thornburg Mortgage Securities Trust 2007-4), Securitization Servicing Agreement (Structured Asset Investment Loan Trust 2006-1)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
: (a) The the terms defined in this Agreement have the meanings meaning assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
; (b) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
; (c) References references herein to “"Articles,” “", "Sections,” “", "Subsections,” “", "Paragraphs,” ", and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
; (d) A a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
; (e) The the words “"herein,” “", "hereof,” “", "hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular provisionprovisions; andand (f) the term "include" or "including" shall mean without limitation by reason of enumeration.
Appears in 1 contract
Samples: Servicing Rights Purchase Agreement
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
: (a) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
; (b) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
; (c) References references herein to “Articles,” ”, “Sections,” ”, “Subsections,” ”, “Paragraphs,” ”, and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
; (d) A a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
; (e) The the words “herein,” ”, “hereof,” ”, “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; andLEGAL02/40558019v11
Appears in 1 contract
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
: (a) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
; (b) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
; (c) References references herein to “"Articles,” “" "Sections,” “" "Subsections,” “" "Paragraphs,” " and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
; (d) A reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
; (e) The the words “"herein,” “" "hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and" "
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Gs Mortgage Securities Corp Mort Pa Th Ce Se 2002-He)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(ai) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(bii) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(ciii) References references herein to “"Articles,” “", "Sections,” “", "Subsections,” “", "Paragraphs,” ", and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(div) A a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(ev) The the words “"herein,” “", "hereof,” “", "hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(vi) the terms "include" or "including" shall mean without limitation by reason of enumeration.
Appears in 1 contract
Samples: Master Servicing Agreement (Sunset Financial Resources Inc)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) The a. the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting b. accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) References c. references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) A d. a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The e. the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and;
f. the term “include” or “including” shall mean without limitation by reason of enumeration;
Appears in 1 contract
General Interpretive Principles. For purposes of this ------------------------------- Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) References references herein to “Articles,” “"Sections,” “" "Subsections,” “" "Paragraphs,” " and other subdivisions Subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) A reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The the words “"herein,” “hereof,” “" "hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
Appears in 1 contract
Samples: Assignment, Assumption and Recognition Agreement (United Panam Financial Corp)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) References references herein to “"Articles,” “" "Sections,” “" "Subsections,” “" "Paragraphs,” " and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) A reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The the words “"herein,” “" "hereof,” “" "hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(f) the term "include" or "including" shall mean without limitation by reason of enumeration.
Appears in 1 contract
Samples: Servicing Agreement (GSR Mortgage Loan Trust 2006-8f)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
: (a) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
; (b) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
; (c) References references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
; (d) A reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
; (e) The the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; andand (f) the terms “include” and “including” shall mean without limitation by reason of enumeration.
Appears in 1 contract
Samples: Mortgage Loan Purchase Agreement
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principlesGAAP;
(c) References references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) A a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision;
(f) reference to and the definition of any document (including this Agreement) shall be deemed a reference to such document as it may be amended or modified from time to time; and
(g) the term “include” or “including” shall mean without limitation by reason of enumeration.
Appears in 1 contract
Samples: Reference Spread Payment Agreement (GlassBridge Enterprises, Inc.)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) References references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions Subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) A reference to a Subsection Section without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision;
(f) the term “include” or “including” shall mean without limitation by reason of enumeration; and
Appears in 1 contract
Samples: Assignment, Assumption and Recognition Agreement (HSI Asset Securitization CORP Trust 2006-He1)
General Interpretive Principles. For purposes of this AgreementLease, except as otherwise expressly provided or unless the context otherwise requires:
, (ai) The the terms defined in this Agreement Section have the meanings assigned to them in this Agreement Section and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
genders; (bii) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
; (ciii) References references herein to “Articles,” “Sections,” “Subsectionssubsections,” “Paragraphs,paragraphs” and other subdivisions without reference to a document are to designated Articles, Sections, Subsectionssubsections, Paragraphs paragraphs and other subdivisions of this Agreement;
Lease; (div) A a reference to a Subsection subsection without further reference to a Section is a reference to such Subsection subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs paragraphs and other subdivisions;
; (ev) The the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement Lease as a whole and not to any particular provision; andand (vi) the word “including” means “including, but not limited to.”
Appears in 1 contract
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(ai) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(bii) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(ciii) References references herein to “"Articles,” “" "Sections,” “" "Subsections,” “" "Paragraphs,” " and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(div) A a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(ev) The the words “"herein,” “" "hereof,” “" "hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(vi) the terms "include" or "including" shall mean without limitation by reason of enumeration.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Mortgage Investments Inc)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(ai) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(bii) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(ciii) References references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs Paragraphs, and other subdivisions of this Agreement;
(div) A a reference to a Subsection subsection without further reference to a Section is a reference to such Subsection subsection as contained in the same Section in which the reference appears, and this rule Rule shall also apply to Paragraphs and other subdivisions;
(ev) The the words “herein,” “hereof,” “hereunder,” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
Appears in 1 contract
Samples: Asset Purchase Agreement (Jacksonville Bancorp Inc /Fl/)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) References references herein to “"Articles,” “" "Sections,” “" "Subsections,” “" "Paragraphs,” " and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs Paragraphs, and other subdivisions of this Agreement;
(d) A a reference to a Subsection subsection without further reference to a Section is a reference to such Subsection subsection as contained in the same Section in which the reference appears, and this rule Rule shall also apply to Paragraphs and other subdivisions;
(e) The the words “"herein,” “" "hereof,” “" "hereunder” ," and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(f) the term "include" or "including" shall mean without limitation by reason of enumeration.
Appears in 1 contract
Samples: Assignment, Assumption and Recognition Agreement (Bear Stearns Asset Backed Securities Inc)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(ai) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(bii) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(ciii) References references herein to “Articles,” “Sections,” “SubsectionsSections,” “Paragraphs,” and other subdivisions Subdivisions without reference to a document are to designated Articles, Sections, SubsectionsSections, Paragraphs and other subdivisions of this Agreement;
(div) A reference to a Subsection Section without further reference to a Section is a reference to such Subsection Section as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(ev) The the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(vi) the term “include” or “including” shall mean without limitation by reason of enumeration.
Appears in 1 contract
Samples: Servicing Agreement (Citigroup HELOC Trust 2006-Ncb1)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) References references herein to “Articles,” “"Sections,” “" "Subsections,” “" "Paragraphs,” " and other subdivisions without reference to a document are to designated Articlessections, Sectionssubsections, Subsections, Paragraphs paragraphs and other subdivisions of this Agreement;
(d) A reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The the words “"herein,” “" "hereof,” “" "hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(f) the term "include" or "including" shall mean without limitation by reason of enumeration.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Mortgage Investments Inc)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
: (a) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
; (b) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
; (c) References references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions Subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
; (d) A reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
; (e) The the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and(f) the term “include” or “including” shall mean without limitation by reason of enumeration; and (g) reference to any other document referenced herein shall include all amendments and modifications thereto and any exhibits, schedules or other supplements thereto.
Appears in 1 contract
Samples: Servicing Rights Purchase and Sale Agreement (HomeStreet, Inc.)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(ai) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(bii) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(ciii) References references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(div) A reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(ev) The the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(vi) the term “include” or “including” shall mean without limitation by reason of enumeration.
Appears in 1 contract
Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-7ax)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) References references herein to “"Articles,” “" "Sections,” “" "Subsections,” “" "Paragraphs,” " and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) A a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The the words “"herein,” “" "hereof,” “" "hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(f) the term "include" or "including" shall mean without limitation by reason of enumeration.
Appears in 1 contract
Samples: Servicing Rights Purchase Agreement (Metropolitan Mortgage & Securities Co Inc)
General Interpretive Principles. For purposes of this AgreementLease, except as ------------------------------- otherwise expressly provided herein or unless the context otherwise requires:
, (ai) The the terms defined in this Agreement Section have the meanings assigned to them in this Agreement Section and include the plural as well as the singular, and the use of any gender herein shall be deemed to include includes the other gender;
; (bii) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
; (ciii) References references herein to “Articles,” “"Sections,” “Subsections,” “Paragraphs,” ", "subsections", "paragraphs" and other subdivisions without reference to a document are to designated Articles, Sections, Subsectionssubsections, Paragraphs paragraphs and other subdivisions of this Agreement;
Lease; (div) A a reference to a Subsection subsection without further reference to a Section is a reference to such Subsection subsection as contained in the same Section in which the reference appears, and this rule shall also apply applies to Paragraphs paragraphs and other subdivisions;
; (ev) The the words “"herein,” “", "hereof,” “', "hereunder” " and other words of similar import refer to this Agreement as Lease a whole and not to any particular provision; andand (vi) the word "including" means "including, but not limited to."
Appears in 1 contract
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) References references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) A reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(f) the terms “include” and “
Appears in 1 contract
Samples: Mortgage Loan Sale and Servicing Agreement (GSR Mortgage Loan Trust 2006-Ar1)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) References references herein to “Articles,” “"Sections,” “" "Subsections,” “" "Paragraphs,” " and other subdivisions without reference to a document are to designated Articlessections, Sectionssubsections, Subsections, Paragraphs paragraphs and other subdivisions of this Agreement;
(d) A reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The the words “"herein,” “" "hereof,” “" "hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(f) the term "include" or "
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp Thorn Mort Sec Tr 2003-3)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
, (ai) The the terms defined in this Agreement Article 2 have the meanings assigned to them in this Agreement Article 2 and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
genders; (bii) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
GAAP, as defined in Section 2.2, below; (ciii) References herein references in this Agreement to “Articles,” ”, “Sections,” “Subsections,” ”, “Paragraphs,” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
; (div) A a reference to a Subsection Paragraph without further reference to a Section is a reference to such Subsection Paragraph as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
; (ev) The the words “hereto,” “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and(vi) the word “
Appears in 1 contract
Samples: Limited Partnership Agreement (CNL Income Properties Inc)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) References references herein to “"Articles,” “", "Sections,” “", "Subsections,” “", "Paragraphs,” ", and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) A a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The the words “"herein,” “", "hereof,” “', "hereunder” " and other words of similar .similar import refer to this Agreement as a whole and not to any particular provision; and
f) the term "include" or "
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Sec Corp Pass THR Cert Ser 2002 Bc3)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) References references herein to “Articles,” ”, “Sections,” ”, “Subsections,” ”, “Paragraphs,” ”, and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) A a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The the words “herein,” ”, “hereof,” ”, “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(f) the term “include” or “including” shall mean without limitation by reason of enumeration.
Appears in 1 contract
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting ; accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(cb) References references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(dc) A reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(ed) The the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(e) the term “include” or “including” shall mean without limitation by reason of enumeration.
Appears in 1 contract
Samples: Servicing Agreement (Hartford Schroders Opportunistic Income Fund)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:requires:
(a) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;gender;
(b) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) References references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions Subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) A reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(f) the term “include” or “including” shall mean without limitation by reason of enumeration.
Appears in 1 contract
Samples: Master Mortgage Loan Purchase and Interim Servicing Agreement
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a1) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b2) Accounting any reference in this Agreement to this Agreement or any other agreement, document, or instrument shall be a reference to this Agreement or any other such agreement, document, or instrument as the same has been amended, modified, or supplemented in accordance with the terms hereof and thereof (as applicable);
(3) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c4) References references herein to “to" Articles,” “" "Sections,” “" "Subsections,” “" "Paragraphs,” " and other subdivisions without reference to a document are to designated Articlesarticles, Sectionssections, Subsectionssubsections, Paragraphs paragraphs and other subdivisions of this Agreement, unless the context shall otherwise require;
(d) A reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
Appears in 1 contract
Samples: Servicing Agreement (Cendant Mortgage Corp Mort Pass Through Cert Series 2001-6)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) References references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) A a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision;
(f) the term “include” or “including” shall mean without limitation by reason of enumeration; and
Appears in 1 contract
Samples: Bulk Servicing Rights Purchase and Sale Agreement (Banc of California, Inc.)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(ai) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(bii) Accounting accounting terms not otherwise defined herein have the meanings meaning assigned to them in accordance with generally accepted accounting principles;
(ciii) References references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(div) A a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(ev) The the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(vi) the term “include” or “
Appears in 1 contract
Samples: Servicing Rights Purchase Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Ar3)
General Interpretive Principles. For purposes of this AgreementLease, except as otherwise expressly provided or unless the context otherwise requires:
, (ai) The the terms defined in this Agreement Section have the meanings assigned to them in this Agreement Section and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
genders; (bii) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
; (ciii) References references herein to “Articles,” “"Sections,” “Subsections" "subsections,” “Paragraphs,” " "paragraphs" and other subdivisions without reference to a document are to designated Articles, Sections, Subsectionssubsections, Paragraphs paragraphs and other subdivisions of this Agreement;
Lease; (div) A a reference to a Subsection sub-section without further reference to a Section is a reference to such Subsection subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs paragraphs and other subdivisions;
; (ev) The the words “"herein,” “" "hereof,” “" "hereunder” " and other words of similar import refer to this Agreement Lease as a whole and not to any particular provision; andand (vi) the word "including" means "including, but not limited to."
Appears in 1 contract
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) The a. the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting b. accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) References c. references herein to “Articles,” ”, “Sections,” ”, “Subsections,” ”, “Paragraphs,” ”, and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) A d. a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The e. the words “herein,” ”, “hereof,” ”, “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision;
f. the term “include” or “including” shall mean without limitation by reason of enumeration; and
Appears in 1 contract
Samples: Master Repurchase Agreement (Fieldstone Investment Corp)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) Accounting accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) References references herein to “"Articles,” “" "Sections,” “" "Subsections,” “" "Paragraphs,” " and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) A reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(e) The the words “"herein,” “" "hereof,” “" "hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(f) the terms "include" and "including" shall mean without limitation by reason of enumeration.
Appears in 1 contract
Samples: Mortgage Loan Sale and Servicing Agreement (Sunset Financial Resources Inc)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(ai) The the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(bii) Accounting accounting terms not otherwise defined herein have the meanings meaning assigned to them in accordance with generally accepted accounting principles;
(ciii) References references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(div) A a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(ev) The the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
Appears in 1 contract
Samples: Interim Servicing and Servicing Rights Purchase Agreement (First NLC Financial Services Inc)
