Common use of Non-Reliance Clause in Contracts

Non-Reliance. In the case of Party A, it is acting for its own account, and in the case of Party B, it is acting as Trustee. 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 and, with respect to Party B, as directed under the PSA. 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 20 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-Nc5), Isda Master Agreement (RALI Series 2006-Qa5 Trust), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-Nc3)

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Non-Reliance. In the case of Party A, it A is acting for its own account, and in the case of with respect to Party B, it the Trustee is acting executing this Agreement on behalf of Party B in its capacity as Trusteetrustee of the Trust. It Each party 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 and, with respect to Party B, as directed under the PSAnecessary. 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 13 contracts

Samples: Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Wm3), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2007-He1), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Wm3)

Non-Reliance. In the case of Party A, it It is acting for its own account, and account (in the case of Party B, as trustee of the Series Trust), and it is acting as Trustee. 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 in the case of Party B, also on the judgment of the Manager) and upon advice from such advisers as it has deemed necessary and, with respect to Party B, as directed under the PSAnecessary. It is not relying on any communication (written or oral) of the any 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 any 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: Isda Master Agreement (Currency Swap Agreement) (Securitisation Advisory Services Pty LTD), Isda Master Agreement (Medallion Trust Series 2007-1g), Isda Master Agreement (Securitisation Advisory Services Pty LTD)

Non-Reliance. In the case of Party A, it is acting for its own account, and in the case of Party B, it is acting as Trustee. It Party A 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 and, with respect to Party B, as directed under the PSA. 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 7 contracts

Samples: Swap Transaction Agreement (Morgan Stanley Mortgage Loan Trust 2006-7), Swap Transaction Agreement (Morgan Stanley Mortgage Loan Trust 2006-1ar), Swap Transaction Agreement (Morgan Stanley Mortgage Loan Trust 2006-5ar)

Non-Reliance. In the case of Party A, it is acting for its own account, and in the case of Party B, it the Trustee is acting as Trusteeon behalf of the Trust. 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 and, with respect to Party B, as directed under the PSA. 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 5 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2007-Nc1), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2007-He3), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2007-He4)

Non-Reliance. In the case of Party A, it is acting for its own account, and in the case of Party B, it is acting as TrusteeSecurities Administrator. 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 and, with respect to Party B, as directed under the PSA. 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: Pooling and Servicing Agreement (Morgan Stanley Capital I Inc. Trust 2006-He2), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-He8), Pooling and Servicing Agreement (Morgan Stanley Capital I Inc. Trust 2006-He2)

Non-Reliance. In the case of Party A, it is acting for its own accountaccount and, and in the case of Party B, it is acting as Trustee. It , and in the case of both parties, 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 and, with respect to Party B, as directed under the PSAnecessary. 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: Pooling and Servicing Agreement (Asset-Backed Funding Corp. ABFC Asset Backed Certificates, Series 2004-Opt4), Pooling and Servicing Agreement (Abfc Asset-Backed Certificates Series 2004-Opt2), Pooling and Servicing Agreement (Asset Backed Funding Corp Abfc Asset Back Cert Ser 2003 Opt1)

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Non-Reliance. In the case of Party A, it is acting for its own accountaccount and, and in the case of Party B, it is acting as Trustee. It , and in the case of both parties, 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 and, with respect to Party B, as directed under the PSAnecessary. 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 3 contracts

Samples: Pooling and Servicing Agreement (Credit Suisse Fist Boston Home Equity Mort Trust 2003-3), Pooling and Servicing Agreement (Financial Asset Sec Corp C Bass Mort Ln as Bk Ce Se 02-Cb6), Pooling and Servicing Agreement (Financial Asset Sec Corp C Bass Mort Ln as Bk Cert Se 03 Cb6)

Non-Reliance. In the case of Party A, it is acting for its own accountaccount and, and in the case of Party B, it is acting as Trustee. It Securities Administrator, and in the case of both parties, 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 and, with respect to Party B, as directed under the PSAnecessary. 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: Pooling and Servicing Agreement (ABFC Asset-Backed Certificates, Series 2005-He1), Pooling and Servicing Agreement (ABFC Asset-Backed Certificates, Series 2004-He1)

Non-Reliance. In the case of Party A, it A is acting for its own account, account and in the case of Party B, it is acting as Trustee. 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 andnecessary. Party B is acting not in its individual capacity but solely as Trustee on behalf of the Supplemental Interest Trust, with respect to Party B, as directed under the PSAFirst Franklin Mortgage Loan Trust 2006-FF17. 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 (First Franklin Mortgage Loan Trust 2006-Ff17), Isda Master Agreement (First Franklin Mortgage Loan Trust 2006-Ff17)

Non-Reliance. In the case of Party A, it A is acting for its own account, account and in the case of with respect to Party B, it the Trustee is acting has been directed under the PSA to execute this Agreement solely as Trusteetrustee on behalf of the Trust. It Each party 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 and, with respect to Party B, as directed under the PSAnecessary. 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 (Asset Backed Securities CORP Home Equity Loan Trust, Series AMQ 2007-He2)

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