Other Interpretative Provisions. (a) The terms defined in this Article have the meanings assigned to them in this Article, and, along with any other term defined in any Section of this Agreement, include the plural as well as the singular. (b) With respect to any Series, all terms used herein and not otherwise defined herein shall have meanings ascribed to them in the applicable Transaction Document. (c) All terms defined in this Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (d) As used in this Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Agreement or in any such certificate or other document, and accounting terms partly defined in this Agreement or in any such certificate or other document to the extent not defined, shall have the respective meanings given to them under GAAP. To the extent that the definitions of accounting terms in this Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under GAAP, the definitions contained in this Agreement or in any such certificate or other document shall control. (e) The agreements, representations and warranties of Chase USA in this Agreement in each of its capacities as Servicer and Administrator shall be deemed to be the agreements, representations and warranties of Chase USA solely in each such capacity for so long as Chase USA acts in each such capacity under this Agreement. (f) The agreements, representations and warranties of Chase Card Funding in this Agreement in its capacity as Transferor shall be deemed to be the agreements, representations and warranties of Chase Card Funding solely in such capacity for so long as Chase Card Funding acts in such capacity under this Agreement. In addition, pursuant to the Assignment and Assumption Agreement, Chase Card Funding has agreed to assume the duties and obligations of Chase USA, as the Original Transferor, including remedies with respect to any breach of the representations and warranties made by the Original Transferor pursuant to the Prior Transfer and Servicing Agreements as of each Issuance Date, each Increase Date and each Addition Date that occurred prior to the Amendment Closing Date, and such duties and obligations shall be the duties and obligations of Chase Card Funding in its capacity as Transferor for so long as Chase Card Funding acts in such capacity under this Agreement. (g) Unless otherwise specified, references to any amount as on deposit or outstanding on any particular date shall mean such amount at the close of business on such day. (h) The words “hereof,” “herein,” “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement; references to any Article, subsection, Section, clause, Schedule or Exhibit are references to Articles, subsections, Sections, clauses, Schedules and Exhibits in or to this Agreement unless otherwise specified; the term “including” means “including without limitation”; references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; references to any Person include that Person’s successors and assigns; and references to any agreement refer to such agreement, as amended, supplemented or otherwise modified from time to time.
Appears in 4 contracts
Samples: Transfer and Servicing Agreement (Chase Card Funding LLC), Transfer and Servicing Agreement (Chase Issuance Trust), Transfer and Servicing Agreement (Chase Issuance Trust)
Other Interpretative Provisions. (a) The terms defined in this Article have the meanings assigned to them in this Article, and, along with any other term defined in any Section of this Agreement, include the plural as well as the singular.
(b) With respect to any Series, all terms used herein and not otherwise defined herein shall have meanings ascribed to them in the applicable Transaction Document.
(c) All terms defined in this Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein.
(d) As used in this Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Agreement or in any such certificate or other document, and accounting terms partly defined in this Agreement or in any such certificate or other document to the extent not defined, shall have the respective meanings given to them under GAAPGAAP as in effect at the time of determination. To the extent that the definitions of accounting terms in this Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under GAAPGAAP as in effect at the time of determination, the definitions contained in this Agreement or in any such certificate or other document shall control.
(e) The agreements, representations and warranties of Chase USA JPMCB in this Agreement in each of its capacities as Servicer and Administrator shall be deemed to be the agreements, representations and warranties of Chase USA JPMCB solely in each such capacity for so long as Chase USA JPMCB acts in each such capacity under this Agreement.
(f) The agreements, representations and warranties of Chase Card Funding in this Agreement in its capacity as Transferor shall be deemed to be the agreements, representations and warranties of Chase Card Funding solely in such capacity for so long as Chase Card Funding acts in such capacity under this Agreement. In addition, pursuant to the Assignment and Assumption AgreementAgreement (CCF), Chase Card Funding has agreed to assume the duties and obligations of Chase USAJPMCB, as the Original Transferor, including remedies with respect to any breach of the representations and warranties made by the Original Transferor pursuant to the Prior Transfer and Servicing Agreements TSAs as of each Issuance Date, each Increase Date and each Addition Date that occurred prior to the Amendment Closing Date, and such duties and obligations shall be the duties and obligations of Chase Card Funding in its capacity as Transferor for so long as Chase Card Funding acts in such capacity under this Agreement.
(g) Unless otherwise specified, references to any amount as on deposit or outstanding on any particular date shall mean such amount at the close of business on such day.
(h) The words “hereof,” “herein,” “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement; references to any Article, subsection, Section, clause, Schedule or Exhibit are references to Articles, subsections, Sections, clauses, Schedules and Exhibits in or to this Agreement unless otherwise specified; the term “including” means “including without limitation”; references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; references to any Person include that Person’s successors and assigns; and references to any agreement refer to such agreement, as amended, supplemented or otherwise modified from time to time.
Appears in 1 contract
Samples: Transfer and Servicing Agreement (Jpmorgan Chase Bank, National Association)