Common use of Other Definitional Provisions Clause in Contracts

Other Definitional Provisions. (a) All terms defined in this Servicing Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement or in any such certificate or other document shall control. (c) The words "hereof," "herein," "hereunder" and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section and Exhibit references contained in this Servicing Agreement are references to Sections and Exhibits in or to this Servicing Agreement unless otherwise specified; and the term "including" shall mean "including without limitation".

Appears in 162 contracts

Samples: Servicing Agreement (Home Loan Trust 2006-Hi5), Servicing Agreement (Residential Funding Mortgage Securities Ii Inc), Servicing Agreement (American Home Mort Securities Home Mortgage Invest Tr 2004-1)

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Other Definitional Provisions. (a) All terms defined in this Servicing Trust Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Trust Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Trust Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Trust Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Trust Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Trust Agreement or in any such certificate or other document shall control. (c) The words "hereof," "herein," "hereunder" and words of similar import when used in this Servicing Trust Agreement shall refer to this Servicing Trust Agreement as a whole and not to any particular provision of this Servicing Trust Agreement; Article, Section and Exhibit references contained in this Servicing Trust Agreement are references to Articles, Sections and Exhibits in or to this Servicing Trust Agreement unless otherwise specified; and the term "including" shall mean "including without limitation".

Appears in 98 contracts

Samples: Trust Agreement (Residential Funding Mortgage Securities Ii Inc), Trust Agreement (Home Loan Trust 2006-Hi5), Trust Agreement (Imh Assets Corp)

Other Definitional Provisions. (a) All terms defined in this Servicing Trust Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Trust Agreement and in any certificate or other document documents made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Trust Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Trust Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given assigned to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Trust Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Trust Agreement or in any such certificate or other document shall control. (c) The words "hereof," "” “herein," "” and “hereunder" and words of similar import when used in this Servicing Trust Agreement shall refer to this Servicing Trust Agreement as a whole and not to any particular provision of this Servicing Trust Agreement; . Article, Section and Exhibit references contained in this Servicing Trust Agreement are references to Articles, Sections and Exhibits in or to this Servicing Trust Agreement unless otherwise specified; and the . The term "including" shall mean "including without limitation".

Appears in 68 contracts

Samples: Trust Agreement (Carmax Auto Funding LLC), Trust Agreement (CarMax Auto Owner Trust 2024-4), Trust Agreement (Carmax Auto Funding LLC)

Other Definitional Provisions. (a) All terms defined in this Servicing Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement or in any such certificate or other document shall control. (c) The words "hereof," "” “herein," "” “hereunder" and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section Article, Section, Schedule and Exhibit references contained in this Servicing Agreement are references to Sections Articles, Sections, Schedules and Exhibits in or to this Servicing Agreement unless otherwise specified; “or” shall include “and/or”; and the term "including" shall mean "including without limitation".

Appears in 60 contracts

Samples: Sale and Servicing Agreement (Hyundai Auto Receivables Trust 2023-B), Sale and Servicing Agreement (Hyundai Auto Receivables Trust 2023-B), Receivables Purchase Agreement (Hyundai Auto Receivables Trust 2024-C)

Other Definitional Provisions. (a) All terms defined in this Servicing Trust Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Trust Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Trust Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Trust Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Trust Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Trust Agreement or in any such certificate or other document shall control. (c) The words "hereof," "herein," "hereunder" and words of similar import when used in this Servicing Trust Agreement shall refer to this Servicing Trust Agreement as a whole and not to any particular provision of this Servicing Trust Agreement; Section and Exhibit references contained in this Servicing Trust Agreement are references to Sections and Exhibits in or to this Servicing Trust Agreement unless otherwise specified; and the term "including" shall mean "including without limitation"; "or" shall include "and/or"; and the term "proceeds" shall have the meaning ascribed thereto in the UCC.

Appears in 46 contracts

Samples: Trust Agreement (GMACM Home Equity Loan Trust 2007-He2), Trust Agreement (GMACM Home Equity Loan Trust 2006-He5), Trust Agreement (GMACM Home Loan Trust 2006-Hltv1)

Other Definitional Provisions. (a) All terms defined in this Servicing Agreement Indenture shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Agreement Indenture and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement Indenture or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement Indenture or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Agreement Indenture or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement Indenture or in any such certificate or other document shall control. (c) The words "hereof," "” “herein," "” “hereunder" and words of similar import when used in this Servicing Agreement Indenture shall refer to this Servicing Agreement Indenture as a whole and not to any particular provision of this Servicing AgreementIndenture; Section Article, Section, Schedule and Exhibit references contained in this Servicing Agreement Indenture are references to Sections Articles, Sections, Schedules and Exhibits in or to this Servicing Agreement Indenture unless otherwise specified; “or” shall include “and/or”; and the term "including" shall mean "including without limitation".

Appears in 44 contracts

Samples: Indenture (Hyundai Auto Receivables Trust 2024-C), Indenture (Hyundai Auto Receivables Trust 2024-C), Indenture (Hyundai Auto Receivables Trust 2024-B)

Other Definitional Provisions. (a) All terms defined in this Servicing Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement or in any such certificate or other document shall control. (c) The words "hereof," "herein," "hereunder" and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section and Exhibit references contained in this Servicing Agreement are references to Sections and Exhibits in or to this Servicing Agreement unless otherwise specified; and the term "including" shall mean "including without limitation"; "or" shall include "and/or"; and the term "proceeds" shall have the meaning ascribed thereto in the UCC.

Appears in 41 contracts

Samples: Servicing Agreement (GMACM Home Equity Loan Trust 2006-He1), Servicing Agreement (GMACM Home Equity Loan Trust 2006-He3), Servicing Agreement (GMACM Home Equity Loan Trust 2007-He2)

Other Definitional Provisions. (a) Capitalized terms used herein and not otherwise defined have the meanings assigned to them in the Sale and Servicing Agreement or, if not defined therein, in the Spread Account Agreement or in the Indenture. (b) All terms defined in this Servicing Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (bc) As used in this Servicing Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principlesprinciples as in effect on the date of this Agreement or any such certificate or other document, as applicable. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement or in any such certificate or other document shall control. (cd) The words "hereof," "herein," "hereunder" and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section and Exhibit references contained in this Servicing Agreement are references to Sections and Exhibits in or to this Servicing Agreement unless otherwise specified; and the term "including" shall mean "including without limitation.".

Appears in 25 contracts

Samples: Trust Agreement (Americredit Financial Services Inc), Trust Agreement (Americredit Financial Services Inc), Trust Agreement (Americredit Financial Services Inc)

Other Definitional Provisions. (a) All terms defined in this Servicing Trust Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Trust Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Trust Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Trust Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Trust Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Trust Agreement or in any such certificate or other document shall control. (c) The words "hereof," "herein," "hereunder" and words of similar import when used in this Servicing Trust Agreement shall refer to this Servicing Trust Agreement as a whole and not to any particular provision of this Servicing Trust Agreement; Section and Exhibit references contained in this Servicing Trust Agreement are references to Sections and Exhibits in or to this Servicing Trust Agreement unless otherwise specified; and the term "including" shall mean "including without limitation".

Appears in 24 contracts

Samples: Trust Agreement (Household Consumer Loan Trust 1997-2), Trust Agreement (MILA Mortgage Acceptance, Inc.), Trust Agreement (MILA Mortgage Acceptance, Inc.)

Other Definitional Provisions. (a) All terms defined in this Servicing Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement or in any such certificate or other document shall control. (c) The words "hereof," "herein," "hereunder" and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section and Exhibit references contained in this Servicing Agreement are references to Sections and Exhibits in or to this Servicing Agreement unless otherwise specified; and the term "including" shall mean "including without limitation".

Appears in 14 contracts

Samples: Sale and Servicing Agreement (Structured Asset Mortgage Investments II Inc., HomeBanc Mortgage Trust 2004-2), Sale and Servicing Agreement (Merrill Lynch Mortgage Backed Securities Trust, Series 2007-2), Grantor Trust Agreement (Bear Stearns Arm Trust, Mortgage-Backed Notes, Series 2005-2)

Other Definitional Provisions. (a) Capitalized terms used herein and not otherwise defined herein have the meanings assigned to them in the Indenture, or, if not defined therein, in the Trust Agreement. (b) All terms defined in this Servicing Agreement shall have the defined meanings when used in any instrument governed hereby and in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (bc) As used in this Servicing Agreement Agreement, in any instrument governed hereby and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such instrument, certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such instrument, certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principlesprinciples as in effect on the date of this Agreement or any such instrument, certificate or other document, as applicable. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such instrument, certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement or in any such instrument, certificate or other document shall control. (cd) The words "hereof," "herein," "hereunder" and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section and Exhibit references contained in this Servicing Agreement are references to Sections and Exhibits in or to this Servicing Agreement unless otherwise specified; and the term "including" shall mean "including without limitation.".

Appears in 12 contracts

Samples: Sale and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp), Sale and Servicing Agreement (Avco Abs Receivables Corp), Sale and Servicing Agreement (Money Store Home Equity Corp)

Other Definitional Provisions. (a) All terms defined in this Servicing Agreement (including Annex A hereto) shall have the defined meanings when used in any instrument governed hereby and in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Agreement Agreement, in any instrument governed hereby and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement (including Annex A hereto) or in any such instrument, certificate or other document, and accounting terms partly defined in this Servicing Agreement (including Annex A hereto) or in any such instrument, certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principlesprinciples as in effect on the date of this Agreement or any such instrument, certificate or other document, as applicable. To the extent that the definitions of accounting terms in this Servicing Agreement (including Annex A hereto) or in any such instrument, certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement (including Annex A hereto) or in any such instrument, certificate or other document shall control. (c) The words "hereof," "herein," "hereunder" and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section Section, Schedule and Exhibit references contained in this Servicing Agreement are references to Sections Sections, Schedules and Exhibits in or to this Servicing Agreement unless otherwise specified; and the term "including" shall mean "including without limitation.".

Appears in 12 contracts

Samples: Sale and Servicing Agreement (Long Beach Acceptance Auto Receivables Trust 2005-A), Sale and Servicing Agreement (Long Beach Acceptance Corp. Auto Receivables Trust 2006-A), Sale and Servicing Agreement (Long Beach Acceptance Auto Receivables Trust 2005-B)

Other Definitional Provisions. (a) All terms defined in this Servicing Owner Trust Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Owner Trust Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Owner Trust Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Owner Trust Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Owner Trust Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Owner Trust Agreement or in any such certificate or other document shall control. (c) The words "hereof," "herein," "hereunder" and words of similar import when used in this Servicing Owner Trust Agreement shall refer to this Servicing Owner Trust Agreement as a whole and not to any particular provision of this Servicing Owner Trust Agreement; Article, Section and Exhibit references contained in this Servicing Owner Trust Agreement are references to Articles, Sections and Exhibits in or to this Servicing Owner Trust Agreement unless otherwise specified; and the term "including" shall mean "including without limitation".

Appears in 11 contracts

Samples: Owner Trust Agreement (Residential Funding Mortgage Securities Ii Inc), Owner Trust Agreement (Residential Funding Mortgage Securities Ii Inc), Owner Trust Agreement (Residential Fund Mort Sec Home Loan-BCKD NTS Ser 2004-Hi1)

Other Definitional Provisions. (a) All terms defined in this Servicing Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principlesprinciples as in effect on the date of this Agreement or any such certificate or other document, as applicable. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement or in any such certificate or other document shall control. (c) The words "hereof," "herein," "hereunder" and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section and Exhibit references contained in this Servicing Agreement are references to Sections and Exhibits in or to this Servicing Agreement unless otherwise specified; and the term "including" shall mean "including without limitation.".

Appears in 10 contracts

Samples: Trust Agreement (Greenpoint Mortgage Securities Inc/), Trust Agreement (Greenpoint Mortgage Securities Inc/), Trust Agreement (Greenpoint Home Equity Loan Trust 1999 2)

Other Definitional Provisions. (a) All terms defined in this Servicing Trust Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Trust Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Trust Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Trust Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Trust Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Trust Agreement or in any such certificate or other document shall control. (c) The words "hereof," "herein," "hereunder" and words of similar import when used in this Servicing Trust Agreement shall refer to this Servicing Trust Agreement as a whole and not to any particular provision of this Servicing Trust Agreement; Article, Section and Exhibit references contained in this Servicing Trust Agreement are references to Articles, Sections and Exhibits in or to this Servicing Trust Agreement unless otherwise specified; and the term "including" shall mean "including without limitation"; and the term "proceeds" shall have the meaning ascribed thereto in the UCC.

Appears in 10 contracts

Samples: Trust Agreement (RFMSII Series 2006-Hsa2 Trust), Trust Agreement (Home Equity Loan Trust 2007-Hsa1), Trust Agreement (Home Equity Loan Trust 2007-Hsa3)

Other Definitional Provisions. (a) Capitalized terms used herein and not otherwise defined herein have the meanings assigned to them in Annex A to the Sale and Servicing Agreement. (b) All terms defined in this Servicing Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (bc) As used in this Servicing Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principlesprinciples as in effect on the date of this Agreement or any such certificate or other document, as applicable. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement or in any such certificate or other document shall control. (cd) The words "hereof," "herein," "hereunder" and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section and Exhibit references contained in this Servicing Agreement are references to Sections and Exhibits in or to this Servicing Agreement unless otherwise specified; and the term "including" shall mean "including without limitation.".

Appears in 10 contracts

Samples: Trust Agreement (Long Beach Acceptance Auto Receivables Trust 2005-B), Trust Agreement (Long Beach Acceptance Corp), Trust Agreement (Long Beach Acceptance Auto Receivables Trust 2005-A)

Other Definitional Provisions. (a) Capitalized terms used herein and not otherwise defined herein have the meanings assigned to them in the Indenture. (b) All terms defined in this Servicing Agreement shall have the defined meanings contained herein when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (bc) As used in this Servicing Agreement and in any certificate or other document made or delivered pursuant hereto or theretohereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement or in any such certificate or other document shall control. (cd) The words "hereof," "herein," "hereunder," and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section Section, Schedule and Exhibit references contained in this Servicing Agreement are references to Sections Sections, Schedules and Exhibits in or to this Servicing Agreement unless otherwise specified; and the term "including" shall mean "including without limitation"; and the term "or" is not exclusive. Terms used herein that are defined in the New York UCC and not otherwise defined herein shall have the meanings set forth in the New York UCC, unless the contract requires otherwise.

Appears in 6 contracts

Samples: Sale and Servicing Agreement (Caterpillar Financial Asset Trust 2006-A), Sale and Servicing Agreement (Caterpillar Financial Funding Corp), Sale and Servicing Agreement (Caterpillar Financial Funding Corp)

Other Definitional Provisions. (a) All terms defined in this Servicing Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto or thereto unless otherwise defined therein. (b) As used in this Servicing Agreement herein and in any certificate or other document made or delivered pursuant hereto or theretohereto, accounting terms not defined in this Servicing Agreement herein or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement herein or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Agreement herein or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement herein, or in any such certificate or other document shall control. (c) The words "hereof," "herein," "hereunder" and words word of similar import when used in this Servicing Agreement herein shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section Article, Section, Schedule and Exhibit references contained in this Servicing Agreement are references to Sections Articles, Sections, Schedules and Exhibits in or to this Servicing Agreement unless otherwise specifiedAgreement, respectively; and the term "including" and its variations shall mean "including without limitation".

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (Usaa Acceptance LLC), Pooling and Servicing Agreement (Deutsche Recreational Asset Funding Corp), Pooling and Servicing Agreement (Ml Asset Backed Corp)

Other Definitional Provisions. (a) All terms defined in this Servicing Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principlesprinciples as in effect on the date of this Agreement or any such certificate or other document, as applicable. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement or in any such certificate or other document shall control. (c) The words "hereof," "” “herein," "” “hereunder" and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section and Exhibit references contained in this Servicing Agreement are references to Sections and Exhibits in or to this Servicing Agreement unless otherwise specified; and the term "including" shall mean "including without limitation".” (d) The definitions contained in this Agreement are applicable to the singular as well as the plural forms of such terms and to the masculine as well as to the feminine and neuter genders of such terms.

Appears in 6 contracts

Samples: Deposit Trust Agreement (Sequoia Residential Funding Inc), Trust Agreement (Greenpoint Mortgage Securities LLC), Trust Agreement (Greenpoint Mortgage Securities LLC)

Other Definitional Provisions. (a) Capitalized terms used herein and not otherwise defined herein have the meanings assigned to them in the Indenture or, if not defined therein, in the Trust Agreement. (b) All terms defined in this Servicing Agreement shall have the defined meanings when used in any instrument governed hereby and in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (bc) As Accounting terms used but not defined or partly defined in this Servicing Agreement and Agreement, in any instrument governed hereby or in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other documenthereto, to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principlesprinciples as in effect on the date of this Agreement or any such instrument, certificate or other document, as applicable. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such instrument, certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement or in any such instrument, certificate or other document shall control. (cd) The words "hereof," "herein," "hereunder" and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section . (e) Section, Schedule and Exhibit references contained in this Servicing Agreement are references to Sections Sections, Schedules and Exhibits in or to this Servicing Agreement unless otherwise specified; and the term "including" shall mean "including without limitation.".

Appears in 6 contracts

Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc), Sale and Servicing Agreement (Consumer Portfolio Services Inc), Sale and Servicing Agreement (Consumer Portfolio Services Inc)

Other Definitional Provisions. (a) All terms defined in this Servicing Agreement shall have the defined meanings when used in any instrument governed hereby and in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Agreement Agreement, in any instrument governed hereby and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such instrument, certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such instrument, certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principlesprinciples as in effect on the date of this Agreement or any such instrument, certificate or other document, as applicable. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such instrument, certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement or in any such instrument, certificate or other document shall control. (c) The words "hereof," "herein," "hereunder" and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section Section, Schedule and Exhibit references contained in this Servicing Agreement are references to Sections Sections, Schedules and Exhibits in or to this Servicing Agreement unless otherwise specified; and the term "including" shall mean "including without limitation"; and "or" shall include "and/or".

Appears in 6 contracts

Samples: Servicing Agreement (GS Auto Loan Trust 2007-1), Purchase and Servicing Agreement (Morgan Stanley Auto Loan Trust 2003-Hb1), Flow Purchase and Servicing Agreement (Morgan Stanley Auto Loan Trust 2004-Hb2)

Other Definitional Provisions. (a) All terms defined in this Servicing Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement or in any such certificate or other document shall control. (c) The words "hereof," "” “herein," "” “hereunder" and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section and Exhibit references contained in this Servicing Agreement are references to Sections and Exhibits in or to this Servicing Agreement unless otherwise specified; and the term "including" shall mean "including without limitation";” “or” shall include “and/or;” and the term “proceeds” shall have the meaning ascribed thereto in the UCC.

Appears in 5 contracts

Samples: Servicing Agreement (Home Equity Mortgage Trust 2006-2), Servicing Agreement (Home Equity Mortgage Trust 2007-1), Servicing Agreement (CSFB Home Equity Mortgage Trust 2005-Hf1)

Other Definitional Provisions. (a) All terms defined in this Servicing Trust Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Trust Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Trust Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Trust Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Trust Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Trust Agreement or in any such certificate or other document shall control. (c) The words "hereof," "herein," "hereunder" and words of similar import when used in this Servicing Trust Agreement shall refer to this Servicing Trust Agreement as a whole and not to any particular provision pro vision of this Servicing Trust Agreement; Section and Exhibit references contained in this Servicing Trust Agreement are references to Sections and Exhibits in or to this Servicing Trust Agreement unless otherwise specified; and the term "including" shall mean "including without limitation".

Appears in 5 contracts

Samples: Trust Agreement (Long Beach Securities Corp), Trust Agreement (WaMu Asset Acceptance Corp.), Trust Agreement (WaMu Asset Acceptance Corp.)

Other Definitional Provisions. (a) Unless otherwise defined herein, all capitalized terms herein shall have the meanings ascribed thereto in the Indenture. (b) All terms defined in this Servicing Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (bc) As used in this Servicing Agreement and in any certificate or other document documents made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principlesGAAP. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principlesGAAP, the definitions contained in this Servicing Agreement or in any such certificate or other document shall control. (cd) The words "hereof," "” “herein," "” “hereunder" ,” and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Article and Section and Exhibit references contained in this Servicing Agreement are references to Articles and Sections and Exhibits in or to this Servicing Agreement unless otherwise specified; and the term "including" shall mean "including without limitation".

Appears in 5 contracts

Samples: Limited Liability Company Agreement (MP Environmental Funding LLC), Limited Liability Company Agreement (JCP&L Transition Funding II LLC), Limited Liability Company Agreement (MP Environmental Funding LLC)

Other Definitional Provisions. (a) All terms defined in this Servicing Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Agreement and in any certificate or other document made or delivered pursuant hereto or theretohereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement or in any such certificate or other document shall control. (c) The words "hereof," "herein," "hereunder" and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Article and Section and Exhibit references contained in this Servicing Agreement are references to Articles and Sections and Exhibits in or to this Servicing Agreement unless otherwise specified; and the term "including" shall mean "including without limitation".

Appears in 5 contracts

Samples: Trust Agreement (Prudential Securities Secured Financing Corp), Trust Agreement (Deutsche Recreational Asset Funding Corp), Trust Agreement (Deutsche Recreational Asset Funding Corp)

Other Definitional Provisions. (a) All terms defined in this Servicing Trust Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Trust Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Trust Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Trust Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Trust Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Trust Agreement or in any such certificate or other document shall control. (c) The words "hereof," "herein," "hereunder" and words of similar import when used in this Servicing Trust Agreement shall refer to this Servicing Trust Agreement as a whole and not to any particular provision pro vision of this Servicing Trust Agreement; Section and Exhibit references contained in this Servicing Trust Agreement are references to Sections and Exhibits in or to this Servicing Trust Agreement unless otherwise specified; and the term "including" shall mean "including without limitation.".

Appears in 5 contracts

Samples: Trust Agreement (Boardwalk Mortgage Securities Inc.), Trust Agreement (Park Place Securities, Inc.), Trust Agreement (National City Mortgage Capital LLC)

Other Definitional Provisions. (a) All capitalized terms used in this Agreement and not otherwise defined herein shall have the meanings ascribed to them in the Trust Agreement, the Indenture or, with respect to any Series, the related Indenture Supplement, as applicable. (b) All terms defined in this Servicing Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (bc) As used in this Servicing Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement or in any such certificate or other document shall control. (cd) The words "hereof," ", "herein," and "hereunder" and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section Section, Schedule and Exhibit references contained in this Servicing Agreement are references to Sections Sections, Schedules and Exhibits in or to this Servicing Agreement unless otherwise specified; and the term "including" shall mean "including without limitation"; and the term "or" is not exclusive.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (Daimlerchrysler Master Owner Trust), Sale and Servicing Agreement (Daimlerchrysler Wholesale Receivables LLC), Sale and Servicing Agreement (Daimlerchrysler Master Owner Trust)

Other Definitional Provisions. (a) Capitalized terms used herein and not otherwise defined have the meanings assigned to them in the Sale and Servicing Agreement or, if not defined therein, in the Indenture, or if not defined therein, in the Trust Agreement. (b) All terms defined in this Servicing Agreement shall have the defined meanings contained herein when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (bc) As used in this Servicing Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement or in any such certificate or other document shall control. (cd) The words "hereof," "herein," "hereunder," and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section and Exhibit references contained in this Servicing Agreement are references to Sections and Exhibits in or to this Servicing Agreement unless otherwise specified; and the term "including" shall mean "including without limitation.".

Appears in 4 contracts

Samples: Purchase Agreement (Caterpillar Financial Funding Corp), Purchase Agreement (Caterpillar Financial Funding Corp), Purchase Agreement (Caterpillar Financial Funding Corp)

Other Definitional Provisions. (a) All terms defined in this Servicing Trust Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Trust Agreement and in any certificate or other document documents made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Trust Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Trust Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given assigned to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Trust Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Trust Agreement or in any such certificate or other document shall control. (c) The words "hereof," "” “herein," "” and “hereunder" and words of similar import when used in this Servicing Trust Agreement shall refer to this Servicing Trust Agreement as a whole and not to any particular provision of this Servicing Trust Agreement; . Article, Section and Exhibit references contained in this Servicing Trust Agreement are references to Articles, Sections and Exhibits in or to this Servicing Trust Agreement unless otherwise specified; and the . The term "including" shall mean "including without limitation".” Table of Contents

Appears in 4 contracts

Samples: Trust Agreement (Carmax Auto Funding LLC), Trust Agreement (Carmax Auto Funding LLC), Trust Agreement (Carmax Auto Funding LLC)

Other Definitional Provisions. (ai) All terms defined in this Servicing Agreement Indenture shall have the defined meanings when used in any instrument governed hereby and in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (bii) As Accounting terms used but not defined or partly defined in this Servicing Agreement and Indenture, in any instrument governed hereby or in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other documenthereto, to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principlesGAAP or any such instrument, certificate or other document, as applicable. To the extent that the definitions of accounting terms in this Servicing Agreement Indenture or in any such instrument, certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principlesGAAP, the definitions contained in this Servicing Agreement Indenture or in any such instrument, certificate or other document shall control. (ciii) The words "hereofHEREOF," "hereinHEREIN," "hereunderHEREUNDER" and words of similar import when used in this Servicing Agreement Indenture shall refer to this Servicing Agreement Indenture as a whole and not to any particular provision of this Servicing Agreement; Section Indenture. (iv) Section, Schedule and Exhibit references contained in this Servicing Agreement Indenture are references to Sections Sections, Schedules and Exhibits in or to this Servicing Agreement Indenture unless otherwise specified; and the term "includingINCLUDING" shall mean "including without limitationINCLUDING WITHOUT LIMITATION.".

Appears in 4 contracts

Samples: Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc)

Other Definitional Provisions. (a) All terms defined in this Servicing Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement or in any such certificate or other document shall control. (c) The words "hereof," "herein," "hereunder" and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section and Exhibit references contained in this Servicing Agreement are references to Sections and Exhibits in or to this Servicing Agreement unless otherwise specified; and the term "including" shall mean "including without limitation"; and the term "proceeds" shall have the meaning ascribed thereto in the UCC.

Appears in 4 contracts

Samples: Servicing Agreement (Residential Funding Mortgage Securities Ii Inc), Servicing Agreement (Residential Funding Mortgage Securities Ii Inc), Servicing Agreement (Residential Funding Mortgage Securities Ii Inc)

Other Definitional Provisions. (a) All terms defined in this Servicing Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto or thereto unless otherwise defined therein. (b) As used in this Servicing Agreement herein, and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement herein or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement herein or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under United States generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Agreement herein or in any such certificate or other document are inconsistent with the meanings of such terms under United States generally accepted accounting principles, the definitions contained in this Servicing Agreement herein or in any such certificate or other document shall control. (c) The words "hereof," "herein," "hereunder" and words word of similar import when used in this Servicing Agreement herein shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreementhereof; Section Article, Section, Schedule and Exhibit references contained in this Servicing Agreement herein are references to Sections Articles, Sections, Schedules and Exhibits in or to this Servicing Agreement unless otherwise specifiedherein; and the term "including" shall mean "including without limitation".

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Goldman Sachs Asset Backed Securities Corp), Pooling and Servicing Agreement (Gs Mortgage Securities Corp), Pooling and Servicing Agreement (Gs Mortgage Securities Corp)

Other Definitional Provisions. (a) All Unless otherwise specified therein, all terms defined in this Servicing Agreement shall have the defined meanings when used in the Notes, the other Loan Documents or any certificate or other document made or delivered pursuant hereto unless or thereto. Except as otherwise defined therein. provided in this Agreement, all computations and determinations as to accounting or financial matters and all financial statements to be delivered pursuant to this Agreement shall be made and prepared in accordance with GAAP (b) including principals of consolidation where appropriate). As used in this Servicing Agreement herein and in the Notes and the other Loan Documents, and any certificate or other document made or delivered pursuant hereto or thereto, accounting terms relating to the Parent and its Subsidiaries not defined in this Servicing Agreement or in any such certificate or other document, Section 1.1 and accounting terms partly defined in this Servicing Agreement or in any such certificate or other documentSection 1.1, to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement or in any such certificate or other document shall controlGAAP. (cb) The words "hereof," "”, “herein," "” and “hereunder" and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section , and Section, Subsection, Schedule and Exhibit references contained in this Servicing Agreement are references to Sections and Exhibits in or to this Servicing Agreement unless otherwise specified; . (c) The meanings given to terms defined in this Agreement shall be equally applicable to both the singular and the term "including" shall mean "including without limitation"plural forms of such terms.

Appears in 4 contracts

Samples: Credit Agreement (Kenexa Corp), Credit Agreement (Kenexa Corp), Credit Agreement (Kenexa Corp)

Other Definitional Provisions. (a) Capitalized terms used herein and not otherwise defined herein have meanings assigned to them in the Security Agreement or the Note Purchase Agreement. (b) All terms defined in this Servicing Agreement shall have the defined meanings when used in any instrument governed hereby and in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (bc) As used in this Servicing Agreement Agreement, in any instrument governed hereby and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such instrument, certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such instrument, certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principlesprinciples as in effect on the date of this Agreement or any such instrument, certificate or other document, as applicable. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such instrument, certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement or in any such instrument, certificate or other document shall control. (cd) The words "hereof," "herein," "hereunder" and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section Section, Schedule and Exhibit references contained in this Servicing Agreement are references to Sections Sections, Schedules and Exhibits in or to this Servicing Agreement unless otherwise specified; and the term "including" shall mean "including without limitation.".

Appears in 3 contracts

Samples: Servicing and Custodian Agreement (Americredit Corp), Servicing and Custodian Agreement (Americredit Corp), Servicing and Custodian Agreement (Americredit Corp)

Other Definitional Provisions. (a) All terms defined in this Appendix A to the Transfer and Servicing Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Agreement and in any certificate or other document made or delivered pursuant hereto or theretohereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement or in any such certificate or other document shall control. (c) The words "hereof," ", "herein," ", "hereunder" and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Article and Section and Exhibit references contained in this Servicing Agreement are references to Articles and Sections and Exhibits in or to this Servicing Agreement unless otherwise specified; and the term "including" shall mean "including without limitation".

Appears in 3 contracts

Samples: Transfer Agreement (Deutsche Recreational Asset Funding Corp), Transfer Agreement (Deutsche Recreational Asset Funding Corp), Transfer Agreement (Deutsche Recreational Asset Funding Corp)

Other Definitional Provisions. (a) All terms defined in this Servicing Agreement shall have the defined respective meanings ascribed thereto when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (bi) As Accounting terms used in this Servicing Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principlesprinciples in the United States. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principlesprinciples in the United States, the definitions contained in this Servicing Agreement or in any such certificate or other document shall control. (cii) The words "hereof," "” “herein," "” “hereunder" and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section and Exhibit references contained in this Servicing Agreement are references to Sections and Exhibits in or to this Servicing Agreement unless otherwise specified; “or” includes “and/or”; and the term "including" shall mean "” means “including without limitation".

Appears in 3 contracts

Samples: Asset Purchase Agreement (Huntington Funding, LLC), Asset Purchase Agreement (Huntington Auto Trust 2012-2), Asset Purchase Agreement (Huntington Auto Trust 2012-1)

Other Definitional Provisions. (a) Capitalized terms used and not otherwise defined herein have the meanings assigned to them in the Appendix A to the Sale and Servicing Agreement. (b) All terms defined in this Servicing Agreement shall have the defined meanings when and used in any instrument governed hereby and in any certificate or other document made or delivered pursuant hereto shall have the respective meanings ascribed thereto herein unless such terms are otherwise defined thereinin such certificate or other document. (bc) As used in this Servicing Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement or in any such certificate or other document shall control. (cd) The words "hereof," "herein," "hereunder" and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section and Exhibit references contained in this Servicing Agreement are references to Sections and Exhibits in or to this Servicing Agreement unless otherwise specified; "or" includes "and/or"; and the term "including" shall mean means "including without limitation".

Appears in 3 contracts

Samples: Trust Agreement (Ml Asset Backed Corp), Trust Agreement (Merrill Auto Trust Securitization 2005-1), Trust Agreement (Merrill Auto Trust Securitization 2007-1)

Other Definitional Provisions. (ai) All terms defined in this Servicing Agreement Indenture shall have the defined meanings when used in any instrument governed hereby and in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (bii) As Accounting terms used but not defined or partly defined in this Servicing Agreement and Indenture, in any instrument governed hereby or in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other documenthereto, to the extent not defined, shall have the respective meanings given to them under U.S. generally accepted accounting principlesprinciples as in effect on the date of this Indenture or any such instrument, certificate or other document, as applicable. To the extent that the definitions of accounting terms in this Servicing Agreement Indenture or in any such instrument, certificate or other document are inconsistent with the meanings of such terms under U.S. generally accepted accounting principles, the definitions contained in this Servicing Agreement Indenture or in any such instrument, certificate or other document shall control. (ciii) The words "hereofHEREOF," "hereinHEREIN," "hereunderHEREUNDER" and words of similar import when used in this Servicing Agreement Indenture shall refer to this Servicing Agreement Indenture as a whole and not to any particular provision of this Servicing Agreement; Section Indenture. (iv) Section, Schedule and Exhibit references contained in this Servicing Agreement Indenture are references to Sections Sections, Schedules and Exhibits in or to this Servicing Agreement Indenture unless otherwise specified; and the term "includingINCLUDING" shall mean "including without limitationINCLUDING WITHOUT LIMITATION.".

Appears in 3 contracts

Samples: Indenture (Consumer Portfolio Services Inc), Variable Funding Note (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc)

Other Definitional Provisions. (aA) All terms defined in this Servicing Trust Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (bB) As used in this Servicing Trust Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Trust Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Trust Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Trust Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Trust Agreement or in any such certificate or other document shall control. (cC) The words "hereof," "herein," "hereunder" and words of similar import when used in this Servicing Trust Agreement shall refer to this Servicing Trust Agreement as a whole and not to any particular provision of this Servicing Trust Agreement; Article, Section and Exhibit references contained in this Servicing Trust Agreement are references to Articles, Sections and Exhibits in or to this Servicing Trust Agreement unless otherwise specified; and the term "including" shall mean "including without limitation".

Appears in 3 contracts

Samples: Trust Agreement (IMPAC CMB Trust SERIES 2004-6), Trust Agreement (Imh Assets Corp Impac CMB Trust Series 2004-9), Trust Agreement (Imh Assets Corp Impac CMB Trust Series 2004-7)

Other Definitional Provisions. (a) Capitalized terms used herein that are not otherwise defined shall have the meanings ascribed thereto in the Trust Agreement. (b) All terms defined in this Servicing Agreement Indenture shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (bc) As used in this Servicing Agreement Indenture and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement Indenture or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement Indenture or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Agreement Indenture or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement Indenture or in any such certificate or other document shall control. (cd) The words "hereof," "herein," "hereunder" and words of similar import when used in this Servicing Agreement Indenture shall refer to this Servicing Agreement Indenture as a whole and not to any particular provision of this Servicing AgreementIndenture; Section Article, Section, Schedule and Exhibit references contained in this Servicing Agreement Indenture are references to Sections Articles, Sections, Schedules and Exhibits in or to this Servicing Agreement Indenture unless otherwise specified; and the term "including" shall mean "including without limitation".

Appears in 3 contracts

Samples: Indenture (BMW Vehicle Owner Trust 2005-A), Indenture (BMW Vehicle Owner Trust 2004-A), Indenture (BMW Vehicle Owner Trust 2006-A)

Other Definitional Provisions. (a) All terms defined in this Servicing Trust Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Trust Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Trust Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Trust Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Trust Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Trust Agreement or in any such certificate or other document shall control. (c) The words "hereof," "herein," "hereunder" and words of similar import when used in this Servicing Trust Agreement shall refer to this Servicing Trust Agreement as a whole and not to any particular provision pro vision of this Servicing Trust Agreement; Article, Section and Exhibit references contained in this Servicing Trust Agreement are references to Articles, Sections and Exhibits in or to this Servicing Trust Agreement unless otherwise specified; and the term "including" shall mean "including without limitation".

Appears in 3 contracts

Samples: Trust Agreement (Imh Assets Corp), Trust Agreement (Imh Assets Corp Collateralized Asset Backed Bonds Ser 2000 1), Trust Agreement (Imh Assets Corp)

Other Definitional Provisions. (a) All terms defined in this Servicing Note Purchase Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Agreement herein and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other documentSection 1.01, and accounting terms partly partially defined in this Servicing Agreement or in any such certificate or other document, Section 1.01 to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document herein are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement or in any such certificate or other document herein shall control. (c) The words "hereof," "” “herein," "” and “hereunder" and words of similar import when used in this Servicing Note Purchase Agreement shall refer to this Servicing Note Purchase Agreement as a whole and not to any particular provision of this Servicing Note Purchase Agreement; Section and Section, subsection, Schedule and Exhibit references contained in this Servicing Note Purchase Agreement are references to Sections Sections, subsections, and Exhibits in or to this Servicing Note Purchase Agreement unless otherwise specified. (d) Any agreement, instrument or statute defined or referred to herein or in any instrument or certificate delivered in connection herewith means such agreement, instrument or statute as from time to time amended, modified or supplemented and includes (in the case of agreements or instruments) references to all attachments thereto and instruments incorporated therein; references to a Person are also to its permitted successors and the term "including" shall mean "including without limitation"assigns.

Appears in 3 contracts

Samples: Note Purchase Agreement (H&r Block Inc), Note Purchase Agreement (H&r Block Inc), Note Purchase Agreement (H&r Block Inc)

Other Definitional Provisions. (a) All terms defined in this Servicing Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement or in any such certificate or other document shall control. 1 ( 2023-C Receivables Purchase Agreement) (c) The words "hereof," "” “herein," "” “hereunder" and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section Article, Section, Schedule and Exhibit references contained in this Servicing Agreement are references to Sections Articles, Sections, Schedules and Exhibits in or to this Servicing Agreement unless otherwise specified; “or” shall include “and/or”; and the term "including" shall mean "including without limitation".

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Hyundai Auto Receivables Trust 2023-C), Receivables Purchase Agreement (Hyundai Auto Receivables Trust 2023-C)

Other Definitional Provisions. (a) All terms defined in this HELOC Servicing Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this HELOC Servicing Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this HELOC Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this HELOC Servicing Agreement or in any such certificate or other document, to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this HELOC Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this HELOC Servicing Agreement or in any such certificate or other document shall control. (c) The words "hereof," "herein," "hereunder" and words of similar import when used in this HELOC Servicing Agreement shall refer to this HELOC Servicing Agreement as a whole and not to any particular provision of this HELOC Servicing Agreement; Section and Exhibit references contained in this HELOC Servicing Agreement are references to Sections and Exhibits in or to this HELOC Servicing Agreement unless otherwise specified; and the term "including" shall mean "including without limitation".

Appears in 2 contracts

Samples: Heloc Servicing Agreement (American Home Mortgage Investment Trust 2005-1), Heloc Servicing Agreement (American Home Mortgage Investment Trust 2005-2)

Other Definitional Provisions. (a) All terms defined in this Servicing Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement or in any such certificate or other document shall control. 1 ( 2023-A Receivables Purchase Agreement) (c) The words "hereof," "” “herein," "” “hereunder" and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section Article, Section, Schedule and Exhibit references contained in this Servicing Agreement are references to Sections Articles, Sections, Schedules and Exhibits in or to this Servicing Agreement unless otherwise specified; “or” shall include “and/or”; and the term "including" shall mean "including without limitation".

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Hyundai Auto Receivables Trust 2023-A), Receivables Purchase Agreement (Hyundai Auto Receivables Trust 2023-A)

Other Definitional Provisions. (a) Capitalized terms used herein and not otherwise defined herein have the meanings assigned to them in the Loan Agreement. (b) All terms defined in this Servicing Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (bc) As used in this Servicing Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement or in any such certificate or other document shall control. (cd) The words "hereof," ", "herein," ", "hereunder" and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section and Exhibit references contained in this Servicing Agreement are references to Sections and Exhibits in or to this Servicing Agreement unless otherwise specified; and the term "including" shall mean "including without limitation".

Appears in 2 contracts

Samples: Trust Agreement (American Business Financial Services Inc /De/), Trust Agreement (American Business Financial Services Inc /De/)

Other Definitional Provisions. (a) Capitalized terms used herein and not otherwise defined have the meanings assigned to them in the Master Sale and Servicing Agreement or, if not defined therein, in the Indenture; PROVIDED THAT, as used herein, Series means only the Series of Notes and Series of Certificates with respect to which the Trust is the Issuer and only such Series Trust Estates included in the Owner Trust Estate. (b) All terms defined in this Servicing Agreement shall have the defined meanings when used in any certificate Certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (bc) As used in this Servicing Agreement and in any certificate Certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principlesprinciples as in effect on the date of this Agreement or any such certificate or other document, as applicable. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement or in any such certificate or other document shall control. (cd) The words "hereof," "herein," "hereunder" and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section and Exhibit references contained in this Servicing Agreement are references to Sections and Exhibits in or to this Servicing Agreement unless otherwise specified; and the term "including" shall mean "including without limitation." (e) The definitions contained in this Agreement are applicable to the singular as well as the plural forms of such terms and to the masculine as well as to the feminine and neuter genders of such terms.

Appears in 2 contracts

Samples: Trust Agreement (Household Auto Receivables Corp), Trust Agreement (Household Auto Receivables Corp)

Other Definitional Provisions. (a) Unless otherwise defined herein, all capitalized terms herein shall have the meanings ascribed thereto in the Indenture. (b) All terms defined in this Servicing Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (bc) As used in this Servicing Agreement and in any certificate or other document documents made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principlesGAAP. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principlesGAAP, the definitions contained in this Servicing Agreement or in any such certificate or other document shall control. (cd) The words "hereof," "herein," "hereunder," and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Article and Section and Exhibit references contained in this Servicing Agreement are references to Articles and Sections and Exhibits in or to this Servicing Agreement unless otherwise specified; and the term "including" shall mean "including without limitation.".

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Jcp&l Transition Funding LLC), Limited Liability Company Agreement (Jcp&l Transition Funding LLC)

Other Definitional Provisions. (a) Capitalized terms used herein and not otherwise defined herein have the meanings assigned to them in the Indenture, or if not defined therein, the meanings assigned to them in the Trust Agreement. (b) All terms defined in this Servicing Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (bc) As used in this Servicing Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement or in any such certificate or other document shall control. (cd) The words "hereof," "herein," "hereunder" and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section Article, Section, Schedule and Exhibit references contained in this Servicing Agreement are references to Sections Articles, Sections, Schedules and Exhibits in or to this Servicing Agreement unless otherwise specified; , and the term "including" shall mean "including without limitation.".

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Daimler Benz Vehicle Receivables Corp), Sale and Servicing Agreement (Daimler Benz Vehicle Receivables Corp)

Other Definitional Provisions. (a) All terms defined in this Master Servicing Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Master Servicing Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Master Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Master Servicing Agreement or in any such certificate or other document, to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Master Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Master Servicing Agreement or in any such certificate or other document shall control. (c) The words "hereof," "herein," "hereunder" and words of similar import when used in this Master Servicing Agreement shall refer to this Master Servicing Agreement as a whole and not to any particular provision of this Master Servicing Agreement; Section and Exhibit references contained in this Master Servicing Agreement are references to Sections and Exhibits in or to this Master Servicing Agreement unless otherwise specified; and the term "including" shall mean "including without limitation".

Appears in 2 contracts

Samples: Master Servicing Agreement (American Home Mortgage Investment Trust 2005-2), Master Servicing Agreement (American Home Mortgage Investment Trust 2005-1)

Other Definitional Provisions. (a) All terms defined in this Servicing Agreement Indenture shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Agreement Indenture and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement Indenture or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement Indenture or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Agreement Indenture or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement Indenture or in any such certificate or other document shall control. (c) The words "hereof," "” “herein," "” “hereunder" and words of similar import when used in this Servicing Agreement Indenture shall refer to this Servicing Agreement Indenture as a whole and not to any particular provision of this Servicing AgreementIndenture; Section Article, Section, Schedule and Exhibit references contained in this Servicing Agreement Indenture are references to Sections Articles, Sections, Schedules and Exhibits in or to this Servicing Agreement Indenture unless otherwise specified; and the term "including" shall mean "including without limitation".

Appears in 2 contracts

Samples: Indenture (BMW Vehicle Owner Trust 2011-A), Indenture (BMW Vehicle Owner Trust 2011-A)

Other Definitional Provisions. (a) All Unless otherwise specified therein, all terms defined in this Servicing Agreement shall have the defined meanings when used in the Notes or any certificate or other document made or delivered pursuant hereto unless otherwise defined thereinor thereto. (b) As used in this Servicing Agreement herein and in the Notes and any certificate or other document made or delivered pursuant hereto or thereto, accounting terms relating to the Borrower and its Subsidiaries not defined in this Servicing Agreement or in any such certificate or other document, subsection 1.1 and accounting terms partly defined in this Servicing Agreement or in any such certificate or other documentsubsection 1.1, to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To GAAP, and the extent parties hereto agree that upon any change to GAAP that has the definitions effect of accounting materially altering any of the terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principlesherein, the definitions contained parties hereto will negotiate in this Servicing Agreement or good faith to amend the terms affected thereby to place the parties in any a position as nearly equivalent as possible to what existed prior to such certificate or other document shall controlchange to GAAP. (c) The words "hereof," ", "herein," and "hereunder" and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section , and Section, subsection Schedule and Exhibit references contained in this Servicing Agreement are references to Sections and Exhibits in or to this Servicing Agreement unless otherwise specified; . (d) The meanings given to terms defined herein shall be equally applicable to both the singular and the term "including" shall mean "including without limitation"plural forms of such terms.

Appears in 2 contracts

Samples: Credit Agreement (Dominion Resources Inc /Va/), Credit Agreement (Virginia Electric & Power Co)

Other Definitional Provisions. As used in this Agreement, the following terms shall, unless the context otherwise requires, have the following meanings: (a) All terms defined in this Servicing Agreement shall have the defined respective meanings ascribed thereto herein when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principlesprinciples in the United States. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principlesprinciples in the United States, the definitions contained in this Servicing Agreement or in any such certificate or other document shall control. (c) The words "hereof," "” “herein," "” “hereunder" and words of similar import import, when used in this Servicing Agreement Agreement, shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section Article, Section, Schedule and Exhibit references contained in this Servicing Agreement are references to Sections Articles, Sections, Schedules and Exhibits in or to this Servicing Agreement unless otherwise specified; “or” shall include “and/or”; and the term "including" shall mean "” means “including without limitation".” Sale and Servicing Agreement

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Huntington Auto Trust 2012-2), Sale and Servicing Agreement (Huntington Funding, LLC)

Other Definitional Provisions. (a) All terms defined in this RMBS Servicing Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this RMBS Servicing Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this RMBS Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this RMBS Servicing Agreement or in any such certificate or other document, to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this RMBS Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this RMBS Servicing Agreement or in any such certificate or other document shall control. (c) The words "hereof," "herein," "hereunder" and words of similar import when used in this RMBS Servicing Agreement shall refer to this RMBS Servicing Agreement as a whole and not to any particular provision of this RMBS Servicing Agreement; Section and Exhibit references contained in this RMBS Servicing Agreement are references to Sections and Exhibits in or to this RMBS Servicing Agreement unless otherwise specified; and the term "including" shall mean "including without limitation".

Appears in 2 contracts

Samples: RMBS Servicing Agreement (American Home Mortgage Investment Trust 2005-1), RMBS Servicing Agreement (American Home Mortgage Investment Trust 2005-2)

Other Definitional Provisions. (a) All terms defined in this Servicing Trust Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Trust Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Trust Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Trust Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Trust Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Trust Agreement or in any such certificate or other document shall control. (c) The words "hereof," "” “herein," "” “hereunder" and words of similar import when used in this Servicing Trust Agreement shall refer to this Servicing Trust Agreement as a whole and not to any particular provision of this Servicing Trust Agreement; Article, Section and Exhibit references contained in this Servicing Trust Agreement are references to Articles, Sections and Exhibits in or to this Servicing Trust Agreement unless otherwise specified; the term “including” shall mean “including without limitation;” the term “or” shall include “and/or”; and the term "including" “proceeds” shall mean "including without limitation"have the meaning ascribed thereto in the UCC.

Appears in 2 contracts

Samples: Trust Agreement (Home Equity Mortgage Trust 2007-1), Trust Agreement (Home Equity Mortgage Trust 2006-2)

Other Definitional Provisions. (a) All terms defined in this Servicing Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Agreement and in any certificate certifi- cate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement or in any such certificate or other document shall control. (c) The words "hereof," "herein," "hereunder" and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section and Exhibit references contained in this Servicing Agreement are references to Sections and Exhibits in or to this Servicing Agreement unless otherwise specified; and the term "including" shall mean "including without limitation".

Appears in 2 contracts

Samples: Servicing Agreement (Novastar Mortgage Funding Corp), Servicing Agreement (Novastar Mortgage Funding Corp)

Other Definitional Provisions. (a) All The terms defined in this Servicing Trust Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Trust Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Trust Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Trust Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Trust Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Trust Agreement or in any such certificate or other document shall control. (c) The words "hereof," "herein," "hereunder" and words of similar import when used in this Servicing Trust Agreement shall refer to this Servicing Trust Agreement as a whole and not to any particular provision of this Servicing Trust Agreement; Article, Section and Exhibit references contained in this Servicing Trust Agreement are references to Articles, Sections and Exhibits in or to this Servicing Trust Agreement unless otherwise specified; and the term "including" shall mean "including without limitation".

Appears in 2 contracts

Samples: Trust Agreement (Impac CMB Trust Series 2005-2, Collateralized Asset-Backed Bonds, Series 2005-2), Trust Agreement (Impac CMB Trust Series 2005-3, Collateralized Asset - Backed Bonds, Series 2005-3)

Other Definitional Provisions. (a) All terms defined in this Servicing Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement or in any such certificate or other document shall control. (c) The words "hereof," "” “herein," "” “hereunder" and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section and Exhibit references contained in this Servicing Agreement are references to Sections and Exhibits in or to this Servicing Agreement unless otherwise specified; and the term "including" shall mean "including without limitation". (d) The definitions contained in this Agreement are applicable to the singular as well as the plural forms of such terms and to the masculine as well as the feminine and neuter genders of such terms. Any agreement, instrument or statute defined or referred to herein or in any instrument or certificate delivered in connection herewith means such agreement, instrument or statute as from time to time amended, modified or supplemented and includes (in the case of agreements or instruments) references to all attachments thereto and instruments incorporated therein; references to a Person are also to its permitted successors and assigns.

Appears in 2 contracts

Samples: Grantor Trust Agreement (Bear Stearns Arm Trust, Mortgage-Backed Notes, Series 2005-5), Grantor Trust Agreement (Bear Stearns Arm Trust, Mortgage-Backed Notes, Series 2005-5)

Other Definitional Provisions. (a) All terms defined in this Servicing Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement or in any such certificate or other document shall control. 1 ( 2024-A Receivables Purchase Agreement) (c) The words "hereof," "” “herein," "” “hereunder" and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section Article, Section, Schedule and Exhibit references contained in this Servicing Agreement are references to Sections Articles, Sections, Schedules and Exhibits in or to this Servicing Agreement unless otherwise specified; “or” shall include “and/or”; and the term "including" shall mean "including without limitation".

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Hyundai Auto Receivables Trust 2024-A), Receivables Purchase Agreement (Hyundai Auto Receivables Trust 2024-A)

Other Definitional Provisions. (a) All terms defined in this Servicing Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement or in any such certificate or other document shall control. 1 ( 2024-B Receivables Purchase Agreement) (c) The words "hereof," "” “herein," "” “hereunder" and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section Article, Section, Schedule and Exhibit references contained in this Servicing Agreement are references to Sections Articles, Sections, Schedules and Exhibits in or to this Servicing Agreement unless otherwise specified; “or” shall include “and/or”; and the term "including" shall mean "including without limitation".

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Hyundai Auto Receivables Trust 2024-B), Receivables Purchase Agreement (Hyundai Auto Receivables Trust 2024-B)

Other Definitional Provisions. Unless otherwise specified herein, the following provisions shall apply: (a) Capitalized terms used herein and not otherwise defined herein have the meanings assigned to them in the Indenture. (b) All terms defined in this Servicing Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (bc) As used in this Servicing Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement or in any such certificate or other document shall control. (cd) The words "hereof," "”, “herein," "”, “hereunder" and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section Article, Section, Schedule and Exhibit references contained in this Servicing Agreement are references to Sections Articles, Sections, Schedules and Exhibits in or to this Servicing Agreement unless otherwise specified; the term “including” shall mean “including without limitation”; the term “to” a given date shall mean “to but not including” such date; and the term "including" “through” a given date shall mean "including without limitation"“through and including” such date.

Appears in 2 contracts

Samples: Servicing Agreement, Servicing Agreement

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Other Definitional Provisions. Unless otherwise specified herein, the following provisions shall apply: (a) Capitalized terms used herein and not otherwise defined herein have the meanings assigned to them in the Paying Agent and Custody Agreement. (b) All terms defined in this Servicing Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (bc) As used in this Servicing Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement or in any such certificate or other document shall control. (cd) The words "hereof," "”, “herein," "”, “hereunder" and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section Article, Section, Schedule and Exhibit references contained in this Servicing Agreement are references to Sections Articles, Sections, Schedules and Exhibits in or to this Servicing Agreement unless otherwise specified; the term “including” shall mean “including without limitation”; the term “to” a given date shall mean “to but not including” such date; and the term "including" “through” a given date shall mean "including without limitation"“through and including” such date.

Appears in 2 contracts

Samples: Servicing Agreement, Servicing Agreement

Other Definitional Provisions. (a) All terms defined in this Appendix A to the Transfer and Servicing Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement or in any such certificate or other document shall control. (c) The words "hereof," ", "herein," ", "hereunder" and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section Article, Section, Schedule and Exhibit references contained in this Servicing Agreement are references to Sections Articles, Sections, Schedules and Exhibits in or to this Servicing Agreement unless otherwise specified; and the term "including" shall mean "including without limitation".

Appears in 2 contracts

Samples: Transfer and Servicing Agreement (Deutsche Recreational Asset Funding Corp), Transfer Agreement (Deutsche Recreational Asset Funding Corp)

Other Definitional Provisions. (a) All terms defined in this Servicing Agreement Indenture shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Agreement Indenture and in any certificate or other document made or delivered pursuant hereto or theretohereto, accounting terms not defined in this Servicing Agreement Indenture or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement Indenture or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principlesGAAP. To the extent that the definitions of accounting terms in this Servicing Agreement Indenture or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principlesGAAP, the definitions contained in this Servicing Agreement Indenture or in any such certificate or other document shall control. (c) The words "hereof," "” “herein," "” “hereunder" ,” and words of similar import when used in this Servicing Agreement Indenture shall refer to this Servicing Agreement Indenture as a whole and not to any particular provision of this Servicing AgreementIndenture; Section Article, Section, subsection, Exhibit and Exhibit Schedule references contained in this Servicing Agreement Indenture are references to Sections Articles, Sections, subsections, Exhibits and Exhibits Schedules in or to this Servicing Agreement Indenture unless otherwise specified; the term “including” means “including without limitation;” and the term "including" shall mean "including without limitation"“or” is not exclusive.

Appears in 1 contract

Samples: Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)

Other Definitional Provisions. (a) All terms defined in this Servicing Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement or in any such certificate or other document shall control. (c) The words "hereof," "herein," "hereunder" and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section section and Exhibit exhibit references contained in this Servicing Agreement are references to Sections sections and Exhibits exhibits in or to this Servicing Agreement unless otherwise specified; and the term "including" shall mean "including without limitation;" "or" shall include "and/or;" and the term "proceeds" shall have the meaning ascribed thereto in the UCC.

Appears in 1 contract

Samples: Mortgage Loan Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2007-Sl1)

Other Definitional Provisions. (a) All terms defined in this Servicing Agreement Indenture shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Agreement Indenture and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement Indenture or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement Indenture or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Agreement Indenture or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement Indenture or in any such certificate or other document shall control. (c) The words "hereof," "herein," "hereunder" and words of similar import when used in this Servicing Agreement Indenture shall refer to this Servicing Agreement Indenture as a whole and not to any particular provision of this Servicing AgreementIndenture; Section Article, Section, Schedule and Exhibit references contained in this Servicing Agreement Indenture are references to Sections Articles, Sections, Schedules and Exhibits in or to this Servicing Agreement Indenture unless otherwise specified; and the term "including" shall mean "including without limitation".

Appears in 1 contract

Samples: Indenture (BMW Fs Securities LLC)

Other Definitional Provisions. (a) All terms defined in this Servicing Owner Trust Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Owner Trust Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Owner Trust Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Owner Trust Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Owner Trust Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Owner Trust Agreement or in any such certificate or other document shall control. (c) The words "hereof," "herein," "hereunder" and words of similar import when used in this Servicing Owner Trust Agreement shall refer to this Servicing Owner Trust Agreement as a whole and not to any particular provision of this Servicing Owner Trust Agreement; Article, Section and Exhibit references contained in this Servicing Owner Trust Agreement are references to Articles, Sections and Exhibits in or to this Servicing Agreement unless otherwise specified; and the term "including" shall mean "including without limitation".or

Appears in 1 contract

Samples: Trust Agreement (Salomon Br Mor Sec Vii Inc Series 1998-11)

Other Definitional Provisions. (a) Capitalized terms used herein and not otherwise defined have the meanings assigned to them in the Sale and Servicing Agreement or, if not defined therein, in the Spread Account Agreement or in the Indenture. (b) All terms defined in this Servicing Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (bc) As used in this Servicing Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principlesprinciples as in effect on the date of this Agreement or any such certificate or other document, as applicable. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement or in any such certificate or other document shall control. (cd) The words "hereof," "herein," "hereunder" and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section ss. and Exhibit references contained in this Servicing Agreement are references to Sections and Exhibits in or to this Servicing Agreement unless otherwise specified; and the term "including" shall mean "including without limitation.".

Appears in 1 contract

Samples: Trust Agreement (Advanta Automobile Receivables Trust 1997-2)

Other Definitional Provisions. (a) All terms defined in this Servicing Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein.. [NY01B:316703.2] 16069-00394 03/27/97 10:57am (b) As used in this Servicing Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement or in any such certificate or other document shall control. (c) The words "hereof," "herein," "hereunder" and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section and Exhibit references contained in this Servicing Agreement are references to Sections and Exhibits in or to this Servicing Agreement unless otherwise specified; and the term "including" shall mean "including without limitation".

Appears in 1 contract

Samples: Servicing Agreement (Residential Funding Mortgage Securities Ii Inc)

Other Definitional Provisions. (a01) All terms defined in this Servicing Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b02) As used in this Servicing Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement or in any such certificate or other document shall control. (c03) The words "hereof," "” “herein," "” “hereunder" and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section and Exhibit references contained in this Servicing Agreement are references to Sections and Exhibits in or to this Servicing Agreement unless otherwise specified; and the term "including" shall mean "including without limitation". (04) The definitions contained in this Agreement are applicable to the singular as well as the plural forms of such terms and to the masculine as well as the feminine and neuter genders of such terms. (05) Any agreement, instrument or statute defined or referred to herein or in any instrument or certificate delivered in connection herewith means such agreement, instrument or statute as from time to time amended, modified or supplemented and includes (in the case of agreements or instruments) references to all attachments thereto and instruments incorporated therein; references to a Person are also to its permitted successors and assigns.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Homebanc Corp)

Other Definitional Provisions. (a) Capitalized terms used herein and not otherwise defined herein have the meanings assigned to them in the Indenture. (b) All terms defined in this Servicing Agreement shall have the defined meanings contained herein when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (bc) As used in this Servicing Agreement and in any certificate or other document made or delivered pursuant hereto or theretohereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement or in any such certificate or other document shall control. (cd) The words "hereof," "” “herein," "” “hereunder" ,” and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section Section, Schedule and Exhibit references contained in this Servicing Agreement are references to Sections Sections, Schedules and Exhibits in or to this Servicing Agreement unless otherwise specified; the term “including” shall mean “including without limitation” and the term "including" “or” is not exclusive. Terms used herein that are defined in the New York UCC and not otherwise defined herein shall mean "including without limitation"have the meanings set forth in the New York UCC.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Caterpillar Financial Funding Corp)

Other Definitional Provisions. (a) Capitalized terms used herein and not otherwise defined herein have the meanings assigned to them in the Indenture. (b) All terms defined in this Servicing Agreement shall have the defined meanings contained herein when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (bc) As used in this Servicing Agreement and in any certificate or other document made or delivered pursuant hereto or theretohereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement or in any such certificate or other document shall control. (cd) The words "hereof," "” “herein," "” “hereunder" ,” and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section Section, Schedule and Exhibit references contained in this Servicing Agreement are references to Sections Sections, Schedules and Exhibits in or to this Servicing Agreement unless otherwise specified; the term “including” shall mean “including without limitation”; and the term "including" “or” is not exclusive. Terms used herein that are defined in the New York UCC and not otherwise defined herein shall mean "including without limitation"have the meanings set forth in the New York UCC. (e) The definitions contained in this Agreement are applicable to the singular as well as the plural forms of such terms and to the masculine as well as to the feminine and neuter genders of such terms.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Caterpillar Financial Asset Trust 2005-A)

Other Definitional Provisions. (a) Capitalized terms used herein and not otherwise defined have the meanings assigned to them in the Pooling and Servicing Agreement or, if not defined therein, in the Trust Agreement. (b) All terms defined in this Servicing Agreement Indenture shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (bc) As used in this Servicing Agreement Indenture and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement Indenture or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement Indenture or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principlesprinciples in effect on the date hereof. To the extent that the definitions of accounting terms in this Servicing Agreement Indenture or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement Indenture or in any such certificate or other document documents shall control. (cd) The words "hereof," "herein," "hereunder," and words of similar import when used in this Servicing Agreement Indenture shall refer to this Servicing Agreement Indenture as a whole and not to any particular provision of this Servicing AgreementIndenture; Section and Exhibit references contained in this Servicing Agreement Indenture are references to Sections and Exhibits in or to this Servicing Agreement Indenture unless otherwise specified; and the term "including" shall mean "including without limitation.".

Appears in 1 contract

Samples: Indenture (Trans Leasing International Inc)

Other Definitional Provisions. (a) All terms defined in this Servicing Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principlesprinciples of the United States. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principlesprinciples of the United States, the definitions contained in this Servicing Agreement or in any such certificate or other document shall control. (c) The words "hereof," "” “herein," "” and “hereunder" and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section and Exhibit references contained in this Servicing Agreement are references to Sections and Exhibits in or to this Servicing Agreement unless otherwise specified; a reference to a subsection or other subdivision without further reference to a Section is a reference to such subsection or other subdivision as contained in the Section in which the reference appears; and the term "words “include” and “including" shall mean "including without limitation"limitation by reason of enumeration.

Appears in 1 contract

Samples: Property Management and Servicing Agreement (Spirit Finance Corp)

Other Definitional Provisions. (a) All terms defined in this Servicing Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement or in any such certificate or other document shall control. (c) The words "hereof," "herein," "hereunder" and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section and Exhibit references contained in this Servicing Agreement are references to Sections and Exhibits in or to this Servicing Agreement unless otherwise specified; "or" includes "and/or"; and the term "including" shall mean "including without limitation".. AMENDED AND RESTATED TRUST AGREEMENT

Appears in 1 contract

Samples: Trust Agreement (GS Auto Loan Trust 2006-1)

Other Definitional Provisions. (a) All terms defined in this Servicing Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement or in any such certificate or other document shall control. (c) The words "hereof," "” “herein," "” “hereunder" and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section and Exhibit references contained in this Servicing Agreement are references to Sections and Exhibits in or to this Servicing Agreement unless otherwise specified; and the term "including" shall mean "including without limitation".

Appears in 1 contract

Samples: Servicing Agreement (American Home Mortgage Investment Trust 2004-3)

Other Definitional Provisions. (a) All terms defined in this Servicing Trust Agreement shall have the defined meanings when used in any certificate or other document docu- ment made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Trust Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Trust Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Trust Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective respec- tive meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Trust Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained con- tained in this Servicing Trust Agreement or in any such certificate or other document shall control. (c) The words "hereof," "herein," "hereunder" and words of similar import when used in this Servicing Trust Agreement shall refer to this Servicing Trust Agreement as a whole and not to any particular provision pro- vision of this Servicing Trust Agreement; Section and Exhibit references contained in this Servicing Trust Agreement are references to Sections and Exhibits in or to this Servicing Trust Agreement unless otherwise specifiedspeci- fied; and the term "including" shall mean "including without limitation".

Appears in 1 contract

Samples: Trust Agreement (Household Consumer Loan Trust 1997-1)

Other Definitional Provisions. (a) All terms defined in this Servicing Trust Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Trust Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Trust Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Trust Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Trust Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions definitins contained in this Servicing Trust Agreement or in any such certificate or other document shall control. (c) The words "hereof," "herein," "hereunder" and words of similar import when used in this Servicing Trust Agreement shall refer to this Servicing Trust Agreement as a whole and not to any particular provision of this Servicing Trust Agreement; Article, Section and Exhibit references contained in this Servicing Trust Agreement are references to Articles, Sections and Exhibits in or to this Servicing Trust Agreement unless otherwise specified; and the term "including" shall mean "including without limitation".

Appears in 1 contract

Samples: Trust Agreement (Origen Residential Securities, Inc.)

Other Definitional Provisions. (a) All For all purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires, (i) terms defined in used herein include, as appropriate, all genders and the plural as well as the singular, (ii) references to words such as "herein", "hereof' and the like shall refer to this Servicing Agreement as a whole and not to any particular part, article or section within this Agreement, (iii) references to a section such as "Section 1.01" and the like shall have refer to the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined thereinapplicable section of this Agreement, (iv) the term "include" and all variations thereof shall mean "include without limitation" and (v) the term "or" shall include "and/or". (b) As used in this Servicing Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principlesprinciples in effect from time to time. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under such generally accepted accounting principles, the definitions contained in this Servicing Agreement or in any such certificate or other document shall control. (c) The words "hereof," "herein," "hereunder" and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section and Exhibit references contained in this Servicing Agreement are references to Sections and Exhibits in or to this Servicing Agreement unless otherwise specified; and the term "including" shall mean "including without limitation".

Appears in 1 contract

Samples: Limited Liability Company Agreement (Med Diversified Inc)

Other Definitional Provisions. Capitalized terms used herein and not otherwise defined herein have meanings assigned to them in the Indenture, or, if not defined therein, in the Trust Agreement. (ab) All terms defined in this Servicing Agreement shall have the defined meanings when used in any instrument governed hereby and in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (bc) As used in this Servicing Agreement Agreement, in any instrument governed hereby and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such instrument, certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such instrument, certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principlesprinciples as in effect on the date of this Agreement or any such instrument, certificate or other document, as applicable. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such instrument, certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement or in any such instrument, certificate or other document shall control. (cd) The words "hereof," "” “herein," "” “hereunder" and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section Section, Schedule and Exhibit references contained in this Servicing Agreement are references to Sections Sections, Schedules and Exhibits in or to this Servicing Agreement unless otherwise specified; and the term "including" shall mean "including without limitation".

Appears in 1 contract

Samples: Sale and Servicing Agreement (UPFC Auto Receivables Trust 2004-A)

Other Definitional Provisions. (a) All terms defined in this Servicing Trust Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Trust Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Trust Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Trust Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Trust Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Trust Agreement or in any such certificate or other document shall control. (c) The words "hereof," "herein," "hereunder" and words of similar import when used in this Servicing Trust Agreement shall refer to this Servicing Trust Agreement as a whole and not to any particular provision of this Servicing Trust Agreement; Article, Section and Exhibit references contained in this Servicing Trust Agreement are references to Articles, Sections and Exhibits in or to this Servicing Trust Agreement unless otherwise specified; and the term "including" shall mean "including without limitation.".

Appears in 1 contract

Samples: Trust Agreement (Merrill Lynch Mortgage Backed Securities Trust, Series 2007-2)

Other Definitional Provisions. (a) All terms defined in this Servicing Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Agreement herein and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement herein or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, to the extent not defined, Indenture shall have the respective meanings given to them under generally accepted accounting principlesGAAP, subject to the Indenture. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document herein are inconsistent with the meanings of such terms under generally accepted accounting principlesGAAP, the definitions contained in this Servicing Agreement or in any such certificate or other document herein shall control. (c) Unless the context otherwise requires, if more than one Person is acting as Servicer under this Agreement, the agreements, representations and warranties of the Servicer in this Agreement shall be deemed to be the joint and several agreements, representations and warranties of such Persons for so long as such Persons act in such capacity under this Agreement; provided, that notwithstanding the above, CAI shall remain liable for claims arising for breach of such agreements, representation and warranties that arise from events that occurred while it was acting in such capacity under this Agreement. (d) The words "hereof," "herein," and "hereunder" and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section and Section, subsection, Schedule and Exhibit references contained in this Servicing Agreement are references to Sections Sections, subsections, Schedules and Exhibits in or to this Servicing Agreement unless otherwise specified; and the term "including" shall mean "including without limitation".

Appears in 1 contract

Samples: Servicing Agreement (Conns Inc)

Other Definitional Provisions. (a) All terms defined in this Servicing Agreement shall have the defined respective meanings ascribed thereto herein when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principlesprinciples in the United States. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principlesprinciples in the United States, the definitions contained in this Servicing Agreement or in any such certificate or other document shall control. (c) The words "hereof," "” “herein," "” “hereunder" and words of similar import import, when used in this Servicing Agreement Agreement, shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section Article, Section, Schedule and Exhibit references contained in this Servicing Agreement are references to Sections Articles, Sections, Schedules and Exhibits in or to this Servicing Agreement unless otherwise specified; “or” shall include “and/or”; and the term "including" shall mean "” means “including without limitation".

Appears in 1 contract

Samples: Sale and Servicing Agreement (Textron Financial Corp)

Other Definitional Provisions. (a) Capitalized terms used herein and not otherwise defined have the meanings assigned to them in the Master Sale and Servicing Agreement or, if not defined therein, in the Indenture, PROVIDED THAT, as used herein, Series means only the Series of Notes and Series of Certificates with respect to which the Trust is the Issuer and only such Series Trust Estates included in the Owner Trust Estate. (b) All terms defined in this Servicing Agreement shall have the defined meanings when used in any certificate Certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (bc) As used in this Servicing Agreement and in any certificate Certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principlesprinciples as in effect on the date of this Agreement or any such certificate or other document, as applicable. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement or in any such certificate or other document shall control. (cd) The words "hereof," "herein," "hereunder" and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section and Exhibit references contained in this Servicing Agreement are references to Sections and Exhibits in or to this Servicing Agreement unless otherwise specified; and the term "including" shall mean "including without limitation.".

Appears in 1 contract

Samples: Trust Agreement (Household Auto Receivables Corp)

Other Definitional Provisions. (a) All terms defined in this Servicing Trust Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Trust Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Trust Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Trust Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Trust Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Trust Agreement or in any such certificate or other document shall control. (c) The words "hereof," "herein," "hereunder" and words of similar import when used in this Servicing Trust Agreement shall refer to this Servicing Trust Agreement as a whole and not to any particular provision of this Servicing Trust Agreement; Article, Section and Exhibit references contained in this Servicing Trust Agreement are references to Articles, Sections and Exhibits in or to this Servicing Trust Agreement unless otherwise specified; and the term "including" shall mean "including without limitation".

Appears in 1 contract

Samples: Trust Agreement (IMPAC CMB Trust Series 2004-10)

Other Definitional Provisions. (a) Capitalized terms used herein that are not otherwise defined has the meanings ascribed thereto in the Indenture or, if not defined therein, in the Trust Agreement. (b) All terms defined in this Servicing Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein.. 16 (2005-A Sale and Servicing Agreement) (bc) As used in this Servicing Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement or in any such certificate or other document shall control. (cd) The words "hereof," "” “herein," "” “hereunder" and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section Article, Section, Schedule and Exhibit references contained in this Servicing Agreement are references to Sections Articles, Sections, Schedules and Exhibits in or to this Servicing Agreement unless otherwise specified; “or” shall include “and/or”; and the term "including" shall mean "including without limitation".

Appears in 1 contract

Samples: Sale and Servicing Agreement (Hyundai Abs Funding Corp)

Other Definitional Provisions. (a) All terms defined in this Servicing Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement or in any such certificate or other document shall control. (c) The words "hereof," "herein," "hereunder" and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section and Exhibit references contained in this Servicing Agreement are references to Sections and Exhibits in or to this Servicing Agreement unless otherwise specified; and the term "including" shall mean "including without limitation".

Appears in 1 contract

Samples: Trust Agreement (Deutsche Recreational Asset Funding Corp)

Other Definitional Provisions. (a) All terms defined in this Servicing Agreement Indenture shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Agreement Indenture and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement Indenture or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement Indenture or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Agreement Indenture or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement Indenture or in any such certificate or other document shall control. (c) The words "hereof," "” “herein," "” “hereunder" and words of similar import when used in this Servicing Agreement Indenture shall refer to this Servicing Agreement Indenture as a whole and not to any particular provision of this Servicing AgreementIndenture; Section Article, Section, Schedule and Exhibit references contained in this Servicing Agreement Indenture are references to Sections Articles, Sections, Schedules and Exhibits in or to this Servicing Agreement Indenture unless otherwise specified; and the term "including" shall mean "including without limitation".

Appears in 1 contract

Samples: Indenture (BMW Vehicle Owner Trust 2010-A)

Other Definitional Provisions. (a) All terms defined in this Servicing Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement or in any such certificate or other document shall control. (c) The words "hereof," "herein," "hereunder" and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section and Exhibit references contained in this Servicing Agreement are references to Sections and Exhibits in or to this Servicing Agreement unless otherwise specified; and the term "including" shall mean "including without limitation".unless

Appears in 1 contract

Samples: Servicing Agreement (Opteum Mortgage Acceptance CORP)

Other Definitional Provisions. (a) All terms defined in this Servicing Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement or in any such certificate or other document shall control. (c) The words "hereof," "herein," "hereunder" and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section and Exhibit references contained in this Servicing Agreement are references to Sections and Exhibits in or to this Servicing Agreement unless otherwise specified; and the term "including" shall mean "including without limitation;" "or" shall include "and/or;" and the term "proceeds" shall have the meaning ascribed thereto in the UCC.

Appears in 1 contract

Samples: Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2006-Sl2)

Other Definitional Provisions. (a) All terms defined in this Servicing Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement or in any such certificate or other document shall control. (c) The words "hereof," "herein," "hereunder" and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section and Exhibit references contained in this Servicing Agreement are references to Sections and Exhibits in or to this Servicing Agreement unless otherwise specified; and the term "including" shall mean "including without limitation.".

Appears in 1 contract

Samples: Servicing Agreement (C-Bass Mortgage Loan as-BCK Nt Sal Mort Ln Tr Ser 2001-Cb4)

Other Definitional Provisions. (a) All terms defined in this Servicing Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement or in any such certificate or other document shall control. 1 ( 2022-A Receivables Purchase Agreement) (c) The words "hereof," "” “herein," "” “hereunder" and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section Article, Section, Schedule and Exhibit references contained in this Servicing Agreement are references to Sections Articles, Sections, Schedules and Exhibits in or to this Servicing Agreement unless otherwise specified; “or” shall include “and/or”; and the term "including" shall mean "including without limitation".

Appears in 1 contract

Samples: Receivables Purchase Agreement (Hyundai Auto Receivables Trust 2022-A)

Other Definitional Provisions. (ai) All terms defined in this Servicing Agreement Indenture shall have the defined meanings when used in any instrument governed hereby and in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (bii) As Accounting terms used but not defined or partly defined in this Servicing Agreement and Indenture, in any instrument governed hereby or in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other documenthereto, to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principlesGAAP or any such instrument, certificate or other document, as applicable. To the extent that the definitions of accounting terms in this Servicing Agreement Indenture or in any such instrument, certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principlesGAAP, the definitions contained in this Servicing Agreement Indenture or in any such instrument, certificate or other document shall control. (ciii) The words "hereof," "” “herein," "” “hereunder" and words of similar import when used in this Servicing Agreement Indenture shall refer to this Servicing Agreement Indenture as a whole and not to any particular provision of this Servicing Agreement; Section Indenture. (iv) Section, Schedule and Exhibit references contained in this Servicing Agreement Indenture are references to Sections Sections, Schedules and Exhibits in or to this Servicing Agreement Indenture unless otherwise specified; and the term "including" shall mean "including without limitation".

Appears in 1 contract

Samples: Indenture (Gehl Co)

Other Definitional Provisions. (a) Capitalized terms ----------------------------- used herein and not otherwise defined have the meanings assigned to them in the Servicing Agreement or, if not defined therein, in the Indenture. (b) All terms defined in this Servicing Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (bc) As used in this Servicing Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principlesprinciples in effect on the date hereof. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement or in any such certificate or other document documents shall control. (cd) The words "hereof," ", "herein," ", "hereunder" ", and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section and Exhibit references contained in this Servicing Agreement are references to Sections and Exhibits in or to this Servicing Agreement unless otherwise specified; and the term "including" shall mean "including without limitation".

Appears in 1 contract

Samples: Trust Agreement (Chevy Chase Bank FSB)

Other Definitional Provisions. (a) All terms defined in this Servicing Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, to the extent not defined, shall have the 6 respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement or in any such certificate or other document shall control. (c) The words "hereof," "herein," "hereunder" and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section and Exhibit references contained in this Servicing Agreement are references to Sections and Exhibits in or to this Servicing Agreement unless otherwise specified; and the term "including" shall mean "including without limitation".

Appears in 1 contract

Samples: Servicing Agreement (Pacificamerica Money Center Inc)

Other Definitional Provisions. (a) All terms defined in this Servicing Trust Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Trust Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Trust Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Trust Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Trust Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Trust Agreement or in any such certificate or other document shall control. (c) The words "hereof," "herein," "hereunder" and words of similar import when used in this Servicing Trust Agreement shall refer to this Servicing Trust Agreement as a whole and not to any particular provision of this Servicing Trust Agreement; Article, Section and Exhibit references contained in this Servicing Trust Agreement are references to Article, Sections and Exhibits in or to this Servicing Trust Agreement unless otherwise specified; and the term "including" shall mean "including without limitation".

Appears in 1 contract

Samples: Trust Agreement (Homepride Mortgage Finance Corp)

Other Definitional Provisions. (a) All terms defined in this Servicing Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, to the extent not defined, herein shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement or in any such certificate or other document shall control. (c) The words "hereof," "” “herein," "” “hereunder" and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section and Exhibit references contained in this Servicing Agreement are references to Sections and Exhibits in or to this Servicing Agreement unless otherwise specified; and the term "including" shall mean "including without limitation". (d) The definitions contained in this Servicing Agreement are applicable to the singular as well as the plural forms of such terms and to the masculine as well as the feminine and neuter genders of such terms. (e) Any agreement, instrument or statute defined or referred to herein or in any instrument or certificate delivered in connection herewith means such agreement, instrument or statute as from time to time amended, modified or supplemented and includes (in the case of agreements or instruments) references to all attachments thereto and instruments incorporated therein; references to a Person are also to its permitted successors and assigns.

Appears in 1 contract

Samples: Servicing Agreement (New Century Alternative Mortgage Loan Trust 2006-Alt1)

Other Definitional Provisions. Capitalized terms used herein and not otherwise defined have the meanings assigned to them in the Transfer and Servicing Agreement or, if not defined therein, in the Indenture. (a) All terms defined in this Servicing Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles or regulatory accounting principles, as applicable and as in effect on the date of this Agreement. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principlesprinciples or regulatory accounting principles in the United States, the definitions contained in this Servicing Agreement or in any such certificate or other document shall control. (c) The words "hereof,HEREOF", "HEREIN" and "herein," "hereunderHEREUNDER" and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section and references to any subsection, Section, Schedule or Exhibit references contained in this Servicing Agreement are references to Sections subsections, Sections, Schedules and Exhibits in or to this Servicing Agreement unless otherwise specified; and the term "includingINCLUDING" shall mean means "including without limitationINCLUDING WITHOUT LIMITATION.".

Appears in 1 contract

Samples: Trust Agreement (Hrsi Funding Inc Ii)

Other Definitional Provisions. (a) All terms defined in this Servicing Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Agreement herein and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement or in any such certificate or other documentSection 1.1, and accounting terms partly defined in this Servicing Agreement or in any such certificate or other document, Section 1.1 to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles or regulatory accounting principles, as applicable. To the extent that the definitions of accounting terms in this Servicing Agreement or in any such certificate or other document herein are inconsistent with the meanings of such terms under generally accepted accounting principles or regulatory accounting principles, the definitions contained in this Servicing Agreement or in any such certificate or other document herein shall control. (c) The words "hereof," "herein," and "hereunder" and words of similar import when used in this Servicing Agreement shall refer to this Servicing Agreement as a whole and not to any particular provision of this Servicing Agreement; Section the word "including" when used in this Agreement is intended to be illustrative and not exclusive; Section, subsection, paragraph, clause and Exhibit references contained in this Servicing Agreement are references to Sections Sections, subsections, paragraphs, clauses and Exhibits in or to this Servicing Agreement unless otherwise specified; and the term "including" shall mean "including without limitation"definitions of terms set forth herein are applicable to the singular as well as the plural forms of such terms and to the masculine as well as the feminine and neuter genders of such terms.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First Union Residential Securitization Transactions Inc)

Other Definitional Provisions. (a) All terms defined in this Servicing Agreement Indenture shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (b) As used in this Servicing Agreement Indenture and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Servicing Agreement Indenture or in any such certificate or other document, and accounting terms partly defined in this Servicing Agreement Indenture or in any such certificate or other document, document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms in this Servicing Agreement Indenture or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Servicing Agreement Indenture or in any such certificate or other document shall control. (c) The words "hereof," "”, “herein," "”, “hereunder" and words of similar import when used in this Servicing Agreement Indenture shall refer to this Servicing Agreement Indenture as a whole and not to any particular provision of this Servicing AgreementIndenture; Section Article, Section, Schedule and Exhibit references contained in this Servicing Agreement Indenture are references to Sections Articles, Sections, Schedules and Exhibits in or to this Servicing Agreement unless otherwise specified; and the term "including" shall mean "including without limitation".Indenture unless

Appears in 1 contract

Samples: Indenture

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