In the Agreement. 1.2.1 the singular includes the plural and vice versa;
1.2.2 references to gender include references to all genders;
1.2.3 unless otherwise stated, references to clauses are to clauses of the Agreement;
1.2.4 the clause headings are for reference only and will not affect the construction or interpretation of the Agreement; and
1.2.5 references to statutes, any statutory instrument, regulation or order will be construed as a reference to such statute, statutory instrument, regulation or order as amended or re-enacted from time to time;
In the Agreement. 1.3.1 references to Clauses, paragraphs and subparagraphs are references to clauses, paragraphs, subparagraphs of or to this Agreement;
1.3.2 the headings contained in this Agreement are for convenience only and shall not influence the interpretation of this Agreement;
1.3.3 any reference to a statute, statutory provision, subordinate legislation, code or guideline (“legislation”) is a reference to such legislation as amended and in force from time to time and to any legislation which re-enacts or consolidates (with or without modification) any such legislation.
In the Agreement. The custodian makes no representations or warranties as to the validity, legality, recordability, sufficiency, enforceability or genuineness of any of the documents contained in each Mortgage Loan or the collectability, insurability, effectiveness or suitability of any such Mortgage Loan. Capitalized words and phrases used herein shall have the respective meanings assigned to them in the above-referenced Pooling and Servicing Agreement. WELLS FARGO BANK, N.A., as Cusxxxxxn By: ------------------------------------ Name: ---------------------------------- Title: --------------------------------- EXHIBIT E-1 FORM OF TRANSFEREE'S LETTER AND AFFIDAVIT [DATE] Wells Fargo Bank, N.A. 9062 Old Annapolis Road Columbia, Maryland 21040 Xxxention: Corporate Xxxxx Xxxxxxxx - Xxxxxxx Xxxxx Xxxxxxxx Xxxxxxxxs Trust, Series 2005-HE2 Ladies and Gexxxxxxx: We propose to purchase Merrill Lynch Mortgage Investors Trust, Mortgage Loan Asset-Backed Cerxxxxxxxex, Xxries 2005-HE2, Class R, described in the Prospectus Supplement, dated August 29, 2005, and Prospectus, dated August 26, 2005.
1. We certify that (a) we are not a disqualified organization and (b) we are not purchasing such Class R Certificate on behalf of a disqualified organization; for this purpose the term "disqualified organization" means the United States, any state or political subdivision thereof, any foreign government, any international organization, any agency or instrumentality of any of the foregoing (except any entity treated as other than an instrumentality of the foregoing for purposes of Section 168(h)(2)(D) of the Internal Revenue Code of 1986, as amended (the "Code")), any organization (other than a cooperative described in Section 521 of the Code) that is exempt from taxation under the Code (unless such organization is subject to tax on excess inclusions) and any organization that is described in Section 1381(a)(2)(C) of the Code. We understand that any breach by us of this certification may cause us to be liable for an excise tax imposed upon transfers to disqualified organizations.
In the Agreement. 1.2.1 references to clauses are to the clauses of these terms;
1.2.2 the headings are for convenience only and do not affect the interpretation of the Agreement;
1.2.3 references to any gender include any other gender and the singular includes the plural and vice versa;
1.2.4 a reference to a statute or statutory provision is a reference to it as from time to time amended, consolidated, modified, extended, re-enacted or replaced and includes all statutory instruments, notices or orders made under it; and
1.2.5 “including”, “include” or “includes” shall be deemed to be followed by “without limitation” unless the context requires otherwise.
In the Agreement. 1.2.1. each reference to “include”, “includes” or “including” or “for example” shall be construed without limitation;
In the Agreement. Should the tenant and the Management mutually agree to change the accommodation, Housing Unit, and/or Term, a new Agreement will be written to reflect the change (s).
In the Agreement. Every employee who is now or hereafter becomes a member of the Union shall maintain his membership in the Union as a condition of his employment, and every new employee whose employment commences hereafter, shall, within thirty-seven (37) hours after the commencement of his employment, apply for and maintain membership in the Union as a condition of employment.
In the Agreement. References to the singular include references to the plural and vice versa; • Where it refers to one gender we include reference to the other gender; • Where it says ‘you’, ‘your’ or ‘yours’ it means the person named in the application as the account holder. If there is more than one account holder ‘you’, ‘your’ or ‘yours’ refers to each account holder individually and jointly. They also refer to anyone who takes over your legal rights or duties, including if you die and if your rights are transferred with our permission. • Where it says ‘we’, ‘our’, ‘us’ or ‘Bank’ it means The Access Bank UK Limited, our successors or anyone who takes over our legal rights and responsibilities in relation to this agreement.
In the Agreement. (a) bold terms are as defined in clause 13 and in the Work Order;
(b) the rules governing the interpretation of the Agreement are set out in clause 13.2; and
(c) if there is any inconsistency between the terms of these General Contract Terms and a Work Order, the work order will prevail to the extent of the inconsistency.
In the Agreement. Developing world access Within six (6) months of NDA/BLA equivalent approval in any Licensed Territory, Licensee shall send a written report to PHS detailing the potential Public Sector market to fulfill the public health need for the approved Licensed Product in Developing Countries, including the impact of any approved competing Licensed Product. The report shall also include Licensee’s amendment to the Commercial Development Plan, Appendix F, to satisfy said potential Public Sector market either directly with Licensee’s own resources and/or through joint ventures with third parties. Acceptance of this report and amendment is required by PHS in writing, such acceptance will not be unreasonably denied. Licensee agrees:
