Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; it being understood that information and explanations related to the terms and conditions of a Transaction shall not be considered investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that Transaction.
Appears in 155 contracts
Samples: Master Repurchase Agreement (AG Mortgage Investment Trust, Inc.), Isda Schedule, 1992 Isda Master Agreement (Multicurrency β Cross Border)
Non-Reliance. It is acting for its own account, account and it has made its own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers advisors as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; it being understood that information and explanations related to the terms and conditions of a Transaction shall not be considered investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that Transaction.
Appears in 96 contracts
Samples: Isda Master Agreement, Isda Master Agreement (Sasco 2006-S3), Master Agreement (AEGIS ASSET BACKED SECURITIES TRUST Mortgage Pass-Through Certificates, Series 2004-3)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; , it being understood that information and explanations related to the terms and conditions of a Transaction shall will not be considered investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall will be deemed to be an assurance or guarantee as to the expected results of that Transaction.
Appears in 80 contracts
Samples: 2002 Master Agreement, 2002 Master Agreement (Verizon Master Trust), Payment Agreement
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that the Transaction and as to whether that the Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that the Transaction; , it being understood that information and explanations related to the terms and conditions of a the Transaction shall will not be considered investment advice or a recommendation to enter into that the Transaction. No communication (written or oral) received from the other party shall will be deemed to be an assurance or guarantee as to the expected results of that the Transaction.
Appears in 51 contracts
Samples: Otc Equity Prepaid Forward Transaction (Aeries Technology, Inc.), Otc Equity Prepaid Forward Transaction (Atlantic Coastal Acquisition Corp. II), Otc Equity Prepaid Forward Transaction (Grafiti Holding Inc.)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of or the other party as investment advice or as a recommendation to enter into that Transaction; , it being understood that information and explanations related to the terms and conditions of a Transaction shall will not be considered investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall will be deemed to be an assurance or guarantee as to the expected results of that Transaction.
Appears in 29 contracts
Samples: Master Agreement (GE Capital Credit Card Master Note Trust), Master Agreement (RFS Holding LLC), Master Agreement (GE Capital Credit Card Master Note Trust)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; it being understood that information and explanations related to the terms and conditions of a Transaction shall not be considered to be investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that Transaction.
Appears in 13 contracts
Samples: 2002 Master Agreement (Mr. Mango LLC), Isda Master Agreement (Mmca Auto Owner Trust 2001-3), Isda Master Agreement (Ford Credit Auto Receivables Two L P)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that each Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; it being understood that information and explanations related to the terms and conditions of a Transaction shall not be considered investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that Transaction.
Appears in 13 contracts
Samples: Indenture (GSC Capital Corp. Mortgage Trust 2006-1), Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2006-Ff8), Master Agreement (CWABS Asset-Backed Certificates Trust 2006-Bc2)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that this Transaction and as to whether that this Transaction is appropriate or proper for it based upon its own judgment judgement and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that this Transaction; it being understood that information and explanations related to the terms and conditions of a this Transaction shall not be considered investment advice or a recommendation to enter into that this Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that this Transaction.
Appears in 12 contracts
Samples: Interest Rate Swap Transaction, Interest Rate Swap Transaction (Mandalay Resort Group), Novation Agreement (NovaStar Mortgage Funding Trust, Series 2005-1)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers advisors as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; it being understood that information and explanations related to the terms and conditions of a Transaction shall not be considered investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that Transaction.
Appears in 12 contracts
Samples: Master Repurchase Agreement (FS Credit Real Estate Income Trust, Inc.), Confirmation of Forward Stock Sale Transaction (Cedar Shopping Centers Inc), Master Agreement (PNC Student Loan Trust I)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers advisors as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; , it being understood that information and explanations related to the terms and conditions of a Transaction shall not be considered investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall will be deemed to be an assurance or guarantee as to the expected results of that Transaction.
Appears in 11 contracts
Samples: 2002 Master Agreement (Bel Fuse Inc /Nj), 2002 Master Agreement (Bel Fuse Inc /Nj), Isda Master Agreement (Advanced Energy Industries Inc)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment judgement and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; it being understood that information and explanations related to the terms and conditions of a Transaction shall not be considered to be investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that Transaction.
Appears in 10 contracts
Samples: Master Swap Agreement, Isda Master Agreement (MacroShares $100 Oil Down Trust), Isda Master Agreement (MacroShares $100 Oil Up Trust)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment judgement and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; it being understood that information and explanations related to the terms and conditions of a Transaction shall not be considered investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that Transaction.
Appears in 10 contracts
Samples: Isda Schedule, Isda Master Agreement, Isda Master Agreement
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that this Transaction and as to whether that this Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that this Transaction; , it being understood that information and explanations related to the terms and conditions of a this Transaction shall will not be considered investment advice or a recommendation to enter into that this Transaction. No communication (written or oral) received from the other party shall will be deemed to be an assurance or guarantee as to the expected results of that this Transaction.
Appears in 10 contracts
Samples: Index and Share Swap Transaction Confirmation, Index Swap Transaction Confirmation, Index Swap Transaction Confirmation
Non-Reliance. It is acting for its own account, account and it has made its own independent decisions to enter into that the Transaction and as to whether that the Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers advisors as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that the Transaction; it being understood that information and explanations related to the terms and conditions of a the Transaction shall not be considered investment advice or a recommendation to enter into that the Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that the Transaction.
Appears in 10 contracts
Samples: Isda Master Agreement (Thornburg Mortgage Securities Trust 2007-1), Isda Master Agreement (HarborView 2007-1), Isda Master Agreement (HarborView 2007-5)
Non-Reliance. It is acting for its own account, account and it has made its own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; it being understood that information and explanations related to the terms and conditions of a Transaction shall not be considered investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that Transaction.
Appears in 10 contracts
Samples: Isda Master Agreement, Isda Master Agreement, Isda Master Agreement
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that the Transaction and as to whether that the Transaction is appropriate or proper for it based upon its own judgment judgement and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that the Transaction; : it being understood that information and explanations related to the terms and conditions of a the Transaction shall not be considered investment advice or a recommendation to enter into that the Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that the Transaction.
Appears in 10 contracts
Samples: Pooling and Servicing Agreement (Impac Secured Assets Corp), Pooling and Servicing Agreement (Impac Secured Assets Corp), Pooling and Servicing Agreement (Impac Secured Assets Corp., Mortgage Pass-Through Certificates, Series 2005-2)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it is based upon its own judgment judgement and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; it being understood that information and explanations related to the terms and conditions of a Transaction shall not be considered investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that the Transaction.
Appears in 9 contracts
Samples: 2002 Master Agreement (Mack Cali Realty L P), 2002 Master Agreement (Mack Cali Realty L P), 2002 Master Agreement (Mack Cali Realty L P)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers advisors as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; , it being understood that information and explanations related to the terms and conditions of a Transaction shall will not be considered investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall will be deemed to be an assurance or guarantee as to the expected results of that Transaction.
Appears in 9 contracts
Samples: Isda Master Agreement (CNH Capital Receivables LLC), Isda Master Agreement (CNH Capital Receivables LLC), Pooling and Servicing Agreement (ChaseFlex Trust Series 2007-M1)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that the Transaction and as to whether that the Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that the Transaction; : it being understood that information and explanations related to the terms and conditions of a the Transaction shall not be considered investment advice or a recommendation to enter into that the Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that the Transaction.
Appears in 9 contracts
Samples: Mortgage Derivatives Confirmation and Agreement (CWABS Asset-Backed Certificates Trust 2006-9), Pooling and Servicing Agreement (C-Bass Mortgage Loan Asset-Backed Certificates, Series 2006-Cb8), Assignment Agreement (CWHEQ Revolving Home Equity Loan Asset Backed Notes, Series 2006-C)
Non-Reliance. It In the case of both parties, it is acting for its own account, and it has made its own independent decisions to enter into that the Transaction and as to whether that the Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers advisors as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that the Transaction; it being understood that information and explanations related to the terms and conditions of a the Transaction shall not be considered investment advice or a recommendation to enter into that the Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that Transaction.
Appears in 9 contracts
Samples: Assignment Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2007-E), Assignment Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2007-D), Confirmation (CWABS Asset-Backed Certificates Trust 2007-4)
Non-Reliance. It Each party is acting for its own account, and it has made its own independent decisions to enter into that this Transaction and as to whether that this Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It Each party is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that this Transaction; it being understood that information and explanations related explanation relating to the terms and conditions of a this Transaction shall not be considered investment advice or a recommendation to enter into that this Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that this Transaction.
Appears in 8 contracts
Samples: Assignment Agreement (MASTR Asset Securitization Trust 2006-1), Assignment Agreement (First Horizon Asset Sec Mort Pass THR Certs Ser 2006-Fa4), Assignment Agreement (MASTR Alternative Loan Trust 2006-1)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that the Transaction and as to whether that the Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that the Transaction; it being understood that information and explanations related to the terms and conditions of a the Transaction shall not be considered investment advice or a recommendation to enter into that the Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that the Transaction.
Appears in 8 contracts
Samples: Isda Master Agreement (Jetblue Airways Corp), Isda Master Agreement (Continental Airlines Inc /De/), Isda Master Agreement (Jetblue Airways Corp)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it is based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; it being understood that information and explanations related to the terms and conditions of a Transaction shall not be considered investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that the Transaction.
Appears in 7 contracts
Samples: 2002 Master Agreement, 2002 Master Agreement, 2002 Master Agreement (Booz Allen Hamilton Holding Corp)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; it being understood that information and explanations related to the terms and conditions of a Transaction shall will not be considered investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall will be deemed to be an assurance or guarantee as to the expected results of that Transaction.
Appears in 7 contracts
Samples: Currency Swap Transaction, Isda Master Agreement, Currency Swap Transaction
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that the Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; it being understood that information and explanations related to the terms and conditions of a Transaction shall will not be considered investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall will be deemed to be an assurance or guarantee as to the expected results of that Transaction.
Appears in 5 contracts
Samples: Basis Rate Swap Agreement, Isda Master Agreement, Basis Rate Swap Agreement (Fixed and Tracker)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that this Transaction and as to whether that this Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that this Transaction; it being understood that information and explanations related to the terms and conditions of a this Transaction shall not be considered investment advice or a recommendation to enter into that this Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that this Transaction.
Appears in 5 contracts
Samples: Derivative Transactions Agreement, Interest Rate Swap Transaction Confirmation (Town Sports International Holdings Inc), Interest Rate Swap Transaction (Orbimage Inc)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that the Transaction and as to whether that the Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that the Transaction; it being understood that information and explanations related to the terms and conditions of a the Transaction shall not be considered investment advice or a recommendation to enter into that the Transaction. No communication communications (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that the Transaction.
Appears in 5 contracts
Samples: Master Agreement (Ikon Receivables LLC), Master Agreement (Ikon Receivables LLC), Master Agreement (Ikon Receivables LLC)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that this Transaction and as to whether that this Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that this Transaction; , it being understood that information and explanations related to the terms and conditions of a Transaction shall will not be considered investment advice or a recommendation to enter into that this Transaction. No communication (written or oral) received from the other party shall will be deemed to be an assurance or guarantee as to the expected results of that this Transaction.
Appears in 5 contracts
Samples: Confirmation, Confirmation, Confirmation
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; , it being understood that information and explanations related to the terms and conditions of a Transaction shall not be considered investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that Transaction.
Appears in 4 contracts
Samples: Isda Master Agreement (Arcos Dorados Holdings Inc.), Isda Master Agreement (Arcos Dorados Holdings Inc.), Isda Master Agreement (Arcos Dorados Holdings Inc.)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions decision to enter into that Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers advisors as it has deemed necessary. It is not relying on any communication (written or oral) of the other party Party as investment advice or as a recommendation to enter into that Transaction; it being understood that information and explanations related to the terms and conditions of a Transaction shall not be considered investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that Transaction.
Appears in 4 contracts
Samples: Master Agreement (Hub International LTD), Isda Schedule to the Master Agreement (Ministry Partners Investment Corp), Isda Schedule to the Master Agreement (Mondavi Robert Corp)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that Transaction transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; it being understood that information and explanations related to the terms and conditions of a Transaction shall not be considered investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that Transaction.
Appears in 4 contracts
Samples: Isda Master Agreement (Campbell Alternative Asset Trust), Isda Master Agreement (Campbell Strategic Allocation Fund Lp), Isda Master Agreement (Campbell Fund Trust)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; it being understood that information and explanations related to the terms and conditions of a Transaction shall not be considered investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that Transaction. U.S. Bank National Association is acting not in its individual capacity but solely as Swap Trustee and has been directed to enter into the transaction.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (ChaseFlex Trust Series 2007-3), Pooling and Servicing Agreement (ChaseFlex Trust Series 2007-2), Interest Rate Swap Transaction (J.P. Morgan Alternative Loan Trust 2006-A7)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that this Transaction and as to whether that the Transaction is appropriate or proper for it based upon its own judgment judgement and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that this Transaction; , it being understood that information and explanations related to the terms and conditions of a this Transaction shall not be considered to be investment advice or a recommendation to enter into that the Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that this Transaction.
Appears in 4 contracts
Samples: Confirmation Agreement, Forward Rate Agreement, Usd/Offshore Deliverable Cny Capped Forward
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that this Transaction and as to whether that this Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying relying, and has not relied, on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that this Transaction; it being understood that information and explanations related to the terms and conditions of a this Transaction shall not be considered investment advice or a recommendation to enter into that this Transaction. No , no communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that this Transaction.
Appears in 3 contracts
Samples: Interest Rate Swap Agreement (Kadant Inc), Novation Agreement (Novastar Mortgage Funding Corp), Usd Amortizing Interest Rate Swap (Kadant Inc)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; : it being understood that information and explanations related to the terms and conditions of a Transaction shall not be considered investment advice or a recommendation to enter into that a Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to of the expected results of that Transaction.β
Appears in 3 contracts
Samples: Isda Master Agreement, Isda Master Agreement (Barnes Group Inc), Isda Master Agreement (American Reprographics CO)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that this Transaction and as to whether that this Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers advisors as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that this Transaction; it being understood that information and explanations explanation related to the terms and conditions of a this Transaction shall not be considered investment advice or a recommendation to enter into that this Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that this Transaction.
Appears in 3 contracts
Samples: Rate Cap Transaction Agreement (Standard Parking Corp), Rate Cap Transaction Agreement (Standard Parking Corp), Rate Cap Transaction Agreement (Standard Parking Corp)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that this Transaction and as to whether that this Transaction is appropriate or proper for it based upon its own judgment judgement and upon advice from such advisers as it has deemed necessary. It is not relying relying, and has not relied, on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that this Transaction; it being understood that information and explanations related to the terms and conditions of a this Transaction shall not be considered investment advice or a recommendation to enter into that this Transaction. No , no communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that this Transaction.
Appears in 3 contracts
Samples: Novation Agreement (NovaStar Certificates Financing CORP), Novation Agreement (Novastar Mortgage Funding Corp), Novation Agreement (NovaStar Certificates Financing CORP)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; : it being understood that information and explanations related to the terms and conditions of a Transaction shall not be considered to be investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that Transaction.
Appears in 3 contracts
Samples: Isda Master Agreement (Criimi Mae Inc), Isda Master Agreement (Campbell Alternative Asset Trust), Isda Master Agreement (Campbell Strategic Allocation Fund Lp)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that this Transaction and as to whether that this Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party Party as investment advice or as a recommendation to enter into that this Transaction; it being understood that information and explanations related to the terms and conditions of a this Transaction shall not be considered investment advice or a recommendation to enter into that this Transaction. No communication (written or oral) received from the other party Party shall be deemed to be an assurance or guarantee as to the expected results performance or result of that this Transaction.
Appears in 3 contracts
Samples: Crude Oil Supply Agreement, Crude Oil Supply Agreement (Northern Tier Retail LLC), Crude Oil Supply Agreement (Northern Tier Retail LLC)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment judgement and upon advice from such advisers advisors as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; it being understood that information and explanations related to the terms and conditions of a Transaction shall not be considered investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that Transaction.
Appears in 3 contracts
Samples: Loan Agreement (Safe Bulkers, Inc.), Loan Agreement (Safe Bulkers, Inc.), Schedule to the Isda Master Agreement (Wright Express CORP)
Non-Reliance. It is acting for its own account, account and it has made its own independent decisions decision to enter into that Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers advisors as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; it being understood that information and explanations related to the terms and conditions of a Transaction shall not be considered investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that Transaction.
Appears in 3 contracts
Samples: Isda Master Agreement (Lehman XS Trust 2006-11), Isda Master Agreement (Lehman XS Trust 2006-11), Isda Master Agreement (Lehman XS Trust, Series 2006-8)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it is based upon its own judgment and upon advice from such advisers advisors as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; it being understood that information and explanations related to the terms and conditions of a Transaction shall not be considered investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that Transaction.
Appears in 3 contracts
Samples: Transaction Confirmation (Txu Corp /Tx/), Transaction Confirmation (Txu Corp /Tx/), Transaction Confirmation (Txu Corp /Tx/)
Non-Reliance. It Each party is acting for its own account, and it has made its own independent decisions to enter into that this Transaction and as to whether that this such Transaction is appropriate or proper for it based upon its own judgment judgement and upon advice from such advisers as it has deemed necessary. It Each party is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that this Transaction; it being understood that information and explanations related explanation relating to the terms and conditions of a this Transaction shall not be considered investment advice or a recommendation to enter into that this Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that this Transaction.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (MASTR Asset-Backed Securities Trust 2006-Am2), Pooling and Servicing Agreement (Mastr Asset Backed Securities Trust 2006-He1), Pooling and Servicing Agreement (Mortgage Asset Sec Trans Inc Mort Pass THR Cert Ser 2002-3)
Non-Reliance. It is acting for its own accountaccount as principal, and it has made its own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it is based upon its own judgment judgement and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; it being understood that information and explanations related to the terms and conditions of a Transaction shall not be considered investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that the Transaction.
Appears in 2 contracts
Samples: 2002 Master Agreement (Mack Cali Realty L P), 2002 Master Agreement (Mack Cali Realty L P)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; : it being understood that information and explanations related to the terms and conditions of a Transaction shall not be considered investment advice or a recommendation to enter into that a Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to of the expected results of that Transaction."
Appears in 2 contracts
Samples: Isda Master Agreement (Lindsay Manufacturing Co), Isda Master Agreement (Dune Energy Inc)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; it being understood that information and explanations related to the terms and conditions of a Transaction shall not be considered investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that Transaction. Xxxxx Fargo Bank, N.A. is acting not in its individual capacity but solely as Swap Trustee and has been directed to enter into the transaction.
Appears in 2 contracts
Samples: Master Agreement (J.P. Morgan Alternative Loan Trust 2006-A6), Interest Rate Swap Transaction (J.P. Morgan Alternative Loan Trust 2007-S1)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that Transaction the Transactions and as to whether that Transaction is the Transactions are appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transactionthe Transactions; it being understood that information and explanations related to the terms and conditions of a Transaction the Transactions shall not be considered investment advice or a recommendation to enter into that Transactionthe Transactions. No communication communications (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that Transactionthe Transactions.
Appears in 2 contracts
Samples: Isda Master Agreement (Cit Equipment Collateral 2003-Ef1), Isda Master Agreement (Cit Equipment Collateral 2003-Vt1)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the any other party as partyβs investment advice or as a recommendation to enter into that Transaction; it being understood that information and explanations related to the terms and conditions of a Transaction shall not be considered investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the any other party shall be deemed to be an assurance or guarantee as to the expected results of that Transaction.
Appears in 2 contracts
Samples: Isda Master Agreement (Paxson Communications Corp), Isda Master Agreement (Paxson Communications Corp)
Non-Reliance. It is acting cting for its own account, and it has made its own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; it being understood that information and explanations related to the terms and conditions of a Transaction shall not be considered investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that Transaction.
Appears in 2 contracts
Samples: Isda Master Agreement (Conseco Inc), Isda Master Agreement (Conseco Inc)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; it being understood that information and explanations related to the terms and conditions of a Transaction shall not be considered investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that Transaction. LaSalle Bank National Association is acting not in its individual capacity but solely as Supplemental Interest Trust Trustee and has been directed to enter into the transaction.
Appears in 2 contracts
Samples: Interest Rate Cap Transaction (C-Bass 2007-Cb5 Trust), Interest Rate Swap Transaction (C-Bass 2007-Cb5 Trust)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers advisors as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; it being understood that information and explanations related to the terms and conditions of a Transaction shall will not be considered investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall will be deemed to be an assurance or guarantee as to the expected results of that Transaction.
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that the Transaction and as to whether that the Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers advisors as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that the Transaction; , it being understood that information and explanations related to the terms and conditions of a the Transaction shall will not be considered investment advice or a recommendation to enter into that the Transaction. No communication (written or oral) received from the other party shall will be deemed to be an assurance or guarantee as to the expected results of that the Transaction.
Appears in 2 contracts
Samples: Otc Equity Prepaid Forward Transaction (Graf Acquisition Corp. IV), Otc Equity Prepaid Forward Transaction (Graf Acquisition Corp. IV)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that this Transaction and as to whether that this Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that this Transaction; it being understood that information and explanations related to the terms and conditions of a this Transaction shall not be considered investment advice or a recommendation to enter into that this Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that this Transaction.
Appears in 1 contract
Samples: Non Deliverable Interest Rate Swap (Arcos Dorados Holdings Inc.)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that the Transaction and as to whether that the Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that the Transaction; , it being understood that information and explanations related to the terms and conditions of a the Transaction shall will not be considered investment advice or a recommendation to enter into that the Transaction. No communication (written or oral) received from the other party shall will be deemed to be an assurance or guarantee as to the expected results of that the Transaction. Counterparty has total assets of at least USD 50,000,000 as of the date hereof.
Appears in 1 contract
Samples: Otc Equity Prepaid Forward Transaction (GigCapital, Inc.)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that each Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers advisors as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; it being understood that information and explanations related to the terms and conditions of a Transaction shall not be considered investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that Transaction.
Appears in 1 contract
Samples: Swap Schedule (ABFC 2007-Wmc1 Trust)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers advisors as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; it being understood that information and explanations related to the terms and conditions of a Transaction shall not be considered investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that Transaction.
Appears in 1 contract
Samples: Isda Master Agreement (Tsakos Energy Navigation LTD)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that this Transaction and as to whether that this Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that this Transaction; it being understood that information and explanations related to the terms and conditions of a or this Transaction shall not be considered investment advice or a recommendation to enter into that this Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that this Transaction.
Appears in 1 contract
Samples: Non Deliverable Interest Rate Swap (Arcos Dorados Holdings Inc.)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that this Transaction and as to whether that Transaction transaction is appropriate or proper for it based upon its own judgment judgement and upon advice from such advisers advisors as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that this Transaction; it being understood that information and explanations related to the terms and conditions of a Transaction shall transaction will not be considered investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall will be deemed to be an assurance or guarantee as to the expected results of that this Transaction.
Appears in 1 contract
Samples: Forward Rate Agreement
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that Transaction transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment judgement and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; it being understood that information and explanations related to the terms and conditions of a Transaction shall not be considered investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that Transaction.
Appears in 1 contract
Samples: Master Agreement (UBS Managed Futures LLC (Aspect Series))
Non-Reliance. It is acting for its own account, and it has made its it own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; it being understood that information and explanations related to the terms and conditions of a Transaction shall not be considered investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that Transaction.
Appears in 1 contract
Samples: Master Agreement (Priceline Com Inc)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment judgement and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; it being understood that information and explanations explanation related to the terms and conditions of a Transaction shall not be considered investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that Transaction.
Appears in 1 contract
Non-Reliance. It is acting for its own account, account and it has made its own independent decisions decision to enter into that the Transaction and as to whether that the Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers advisors as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that the Transaction; it being understood that information and explanations related to the terms and conditions of a the Transaction shall not be considered investment advice or a recommendation to enter into that the Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that the Transaction.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Centex Home Equity Loan Trust 2003-B)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers advisors as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; , it being understood that information and explanations related to the terms and conditions of a Transaction shall will not be considered investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall will be deemed to be an assurance or guarantee as to the expected results of that Transaction. Notwithstanding the foregoing, the parties understand that the Trustee has been directed to enter into that Transaction.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Charming Shoppes Inc)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that the Sole Transaction and as to whether that the Sole Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that the Sole Transaction; it being understood that information and explanations related to the terms and conditions of a the Sole Transaction shall not be considered investment advice or a recommendation to enter into that the Sole Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that the Sole Transaction.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Long Beach Securities Corp Asset Backed Cert Ser 2002 2)
Non-Reliance. It is acting for its own account, account and it has made its own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; , it being understood that information and explanations related to the terms and conditions of a Transaction shall will not be considered investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall will be deemed to be an assurance or guarantee as to the expected results of that Transaction.
Appears in 1 contract
Samples: 2002 Master Agreement (Cross Country Healthcare Inc)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that Transaction and as to whether that this Transaction is appropriate or proper for it based upon its own judgment judgement and upon advice from such advisers as it has deemed necessary. It is not relying relying, and has not relied, on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that this Transaction; it being understood that information and explanations related to the terms and conditions of a this Transaction shall not be considered investment advice or a recommendation to enter into that this Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that this Transaction.
Appears in 1 contract
Samples: Interest Rate Cap Transaction Confirmation (Franklin Credit Management Corp/De/)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that this Transaction and as to whether that this Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that this Transaction; it being understood that information and explanations related to the terms and conditions of a this Transaction shall not be considered investment advice or a recommendation to enter into that this Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that this Transaction.
Appears in 1 contract
Samples: Interest Rate Swap Transaction (Town Sports International Holdings Inc)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; , it being understood that information and explanations related to the terms and conditions of a Transaction shall will not be considered investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall will be deemed to be an assurance or guarantee as to the expected results of that Transaction.. Deal# XXXXXX / Xxxx# XXXXXX
Appears in 1 contract
Samples: Confirmation
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; it being understood that information and explanations related to the terms and conditions of a Transaction shall not be considered investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that Transaction.. * Delete as applicable
Appears in 1 contract
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that this Transaction and as to whether that this Transaction is appropriate or proper for it based upon its own judgment judgement and upon advice from such advisers as it has deemed necessary. It is not relying on any such communication (written or oral) of the other party as investment advice or as a recommendation to enter into that this Transaction; it being understood that information and explanations related to the terms and conditions of a this Transaction shall not be considered investment advice or a recommendation to enter into that this Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that this Transaction.
Appears in 1 contract
Samples: Assignment Agreement (CWHEQ Home Equity Loan Trust, Series 2006-S9)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment judgement and upon advice from such advisers advisors as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; , it being understood that information and explanations related to the terms and conditions of a Transaction shall not be considered investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that Transaction.
Appears in 1 contract
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; it being understood that information and explanations related to the terms and conditions of a Transaction shall not be considered investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that Transaction. U.S. Bank National Association is acting not in its individual capacity but solely as Supplemental Interest Trust Trustee and has been directed to enter into the transaction.
Appears in 1 contract
Non-Reliance. It is acting for its own account, and it has made its own independent decisions independentdecisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment judgement and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; it being understood that information and explanations related to the terms and conditions of a Transaction shall not be considered investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that Transaction.
Appears in 1 contract
Samples: Interest Rate Swap Confirmation (Maverick Tube Corporation)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; : it being understood that information and explanations related to the terms and conditions of a Transaction shall not be considered investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that Transaction.
Appears in 1 contract
Samples: Interest Rate Swap Confirmation (OVERSTOCK.COM, Inc)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into in to that Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; it being understood that information and explanations related to the terms and conditions of a Transaction shall not be considered investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that Transaction.
Appears in 1 contract
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any communication communications (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; it being understood that information and explanations related to the terms and conditions of a Transaction shall not be considered investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that Transaction.
Appears in 1 contract
Samples: Master Agreement (National Steel Co)
Non-Reliance. It is acting for its own accountacco unt, and it has made its own independent decisions to enter into that Transaction this Agreement and as to whether that Transaction this Agreement is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; this Agreement, it being understood that information and explanations related to the terms and conditions of a Transaction shall this Agreement will not be considered consid ered investment advice or a recommendation to enter into that Transactionthis Agreement. No communication (written or oral) received from the other party shall will be deemed to be an assurance or guarantee as to the expected results of that Transactionthis Agreement.
Appears in 1 contract
Samples: Em Ir Portfolio Reconciliation, Dispute Resolution and Disclosure Agreement
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment judgement and upon advice from such advisers advisors as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; it being understood that information and explanations related to the terms and conditions of a the Transaction shall will not be considered investment advice or a recommendation to enter into that Transaction. No communication confirmation (written or oral) received from the other party shall will be deemed to be an assurance or guarantee as to the expected results of that Transaction.
Appears in 1 contract
Samples: Master Agreement (Access Integrated Technologies Inc)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers advisors as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; it being understood that information and explanations related to the terms and conditions of a Transaction shall not be considered investment advice or as a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that Transaction.
Appears in 1 contract
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; , it being understood that information and explanations related to the terms and conditions of a Transaction shall will not be considered investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall Party will be deemed to be an assurance or guarantee as to the expected results of that Transaction.
Appears in 1 contract
Samples: 2002 Master Agreement (Cinedigm Digital Cinema Corp.)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that the Transaction and as to whether that the Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers advisors as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that the Transaction; it being understood that information and explanations related to the terms and conditions of a Transaction shall not be considered investment advice or a recommendation to enter into that the Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that the Transaction.;
Appears in 1 contract
Samples: Loan and Security Agreement (Bloomin' Brands, Inc.)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment judgement and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; it being understood that information and explanations related to the terms and conditions of a Transaction shall will not be considered investment advice or a recommendation to enter into that Transaction. No communication (whether written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that Transaction.
Appears in 1 contract
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that this Transaction and as to whether that this Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers advisors as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that this Transaction; it being understood that information and explanations related to the terms and conditions of a this Transaction shall not be considered investment advice or a recommendation to enter into that this Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that this Transaction.
Appears in 1 contract
Samples: Supplemental Constituting Instrument
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; it being understood that information and explanations related to the terms and conditions of a Transaction shall not be considered to be investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that Transaction.that
Appears in 1 contract
Samples: Isda Master Agreement (Mmca Auto Owner Trust 2001-1)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that this Transaction and as to whether that this Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that this Transaction; , it being understood that information and explanations related to the terms and conditions of a this Transaction shall not be considered investment advice or a recommendation to enter into that Transaction. this Transaction No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that this Transaction.
Appears in 1 contract
Samples: Interest Rate Swap Transaction Confirmation (Town Sports International Holdings Inc)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that this Transaction and as to whether that this Transaction is appropriate or proper for it based upon its own judgment judgement and upon advice from such advisers as it has deemed necessary. necessary It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that this Transaction; , it being understood that information and explanations related to the terms and conditions of a this Transaction shall not be considered investment advice or a recommendation to enter into that Transaction. this Transaction No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that this Transaction.
Appears in 1 contract
Samples: Interest Rate Swap Transaction (Town Sports International Holdings Inc)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; it being understood that information and explanations related to the terms and conditions of a Transaction shall not be considered investment advice or a recommendation to enter into that Transaction. No communication communications (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that Transaction.
Appears in 1 contract
Samples: Master Agreement (Capital One Auto Receivables Trust 2001-B)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that this Transaction and as to whether that this Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that this Transaction; it being understood that information and explanations related to the terms and conditions of a this Transaction shall not be considered investment advice or a recommendation to enter into that this Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that this Transaction.
Appears in 1 contract
Samples: Interest Rate Swap Transaction Confirmation (Corporate Office Properties Trust)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; it being understood that information and explanations related to the terms and conditions of a Transaction shall will not be considered investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall will be deemed to be an assurance or guarantee as to the expected results of that Transaction.
Appears in 1 contract
Samples: Isda Master Agreement
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; it being understood that information and explanations related to the terms and conditions of a Transaction shall not be considered investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee guaranty as to the expected results of that Transaction.
Appears in 1 contract
Samples: Master Agreement
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment judgement and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; it being understood that information and explanations related to the terms and conditions of a Transaction shall not be considered investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that Transactiontransaction.
Appears in 1 contract
Samples: Loan Agreement (Tiffany & Co)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment judgement and upon advice from such advisers advisors as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; it being understood that information and explanations related to the terms and conditions of a Transaction shall not be considered investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that Transaction.
Appears in 1 contract
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that this Transaction and as to whether that this Transaction is appropriate or proper for it based upon its own judgment judgement and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that this Transaction; it being understood that information and explanations related to the terms and conditions of a this Transaction shall not be he considered investment advice or a recommendation to enter into that this Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that this Transaction.
Appears in 1 contract
Samples: Novation Agreement (NovaStar Certificates Financing CORP)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers advisors as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; it being understood that information and explanations related to the terms and conditions of a the Transaction shall will not be considered investment advice or a recommendation to enter into that Transaction. No communication confirmation (written or oral) received from the other party shall will be deemed to be an assurance or guarantee as to the expected results of that Transaction.
Appears in 1 contract
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that such Transaction and as to whether that the Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that such Transaction; , it being understood that information and explanations related to the terms and conditions of a such Transaction shall not be considered to be investment advice or a recommendation to enter into that the Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that such Transaction.
Appears in 1 contract
Samples: Master Agreement Addendum for Non Deliverable Forwards
Non-Reliance. It Each party is acting for its own account, and it has made its own independent decisions to enter into that this Transaction and as to whether that this such Transaction is appropriate or proper for it based upon its own judgment judgement and upon advice from such advisers as it has deemed necessary. It Each party is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that this Transaction; it being understood that information and explanations related explanation relating to the terms and conditions of a this Transaction shall not be considered investment advice or a recommendation to enter into that this Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that this Transaction...
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Mastr Asset Backed Securities Trust 2006-He1)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; it being understood that information and explanations related to the terms and conditions of a Transaction shall not be considered investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that Transaction.;
Appears in 1 contract
Samples: Credit Agreement (Sunpower Corp)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that Transaction the transaction evidenced by this letter agreement and as to whether that Transaction such transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transactionsuch transaction; it being understood that information and explanations related to the terms and conditions of a Transaction such transaction shall not be considered investment advice or a recommendation to enter into that Transactionsuch transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to the expected results of that Transactionthe transaction.
Appears in 1 contract
Samples: Rate Cap Transaction (Niagara Corp)
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction; , it being understood that information and explanations related to the terms and conditions of a Transaction shall will not be -30- considered investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall will be deemed to be an assurance or guarantee as to the expected results of that Transaction.
Appears in 1 contract
Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers advisors as it has deemed necessary. It is not relying on any communication (written or oral) of the other party Party as investment advice or as a recommendation to enter into that Transaction; , it being understood that information and explanations related to the terms and conditions of a Transaction shall not be considered investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall Party will be deemed to be an assurance or guarantee as to the expected results of that Transaction.
Appears in 1 contract
Samples: Schedule to the 2002 Master Agreement (World Currency Gold Trust)
