Common use of Payer Representations Clause in Contracts

Payer Representations. For the purpose of Section 3(e), BNY makes the following representations: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e), 6(d)(ii) or 6(e)) to be made by it to the other party under this Agreement. In making this representation, it may rely on: (i) the accuracy of any representations made by the other party pursuant to Section 3(f); (ii) the satisfaction of the agreement contained in Section 4 (a)(i) or 4(a)(iii) and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4 (a)(i) or 4(a)(iii); and (iii) the satisfaction of the agreement of the other party contained in Section 4(d), provided that it shall not be a breach of this representation where reliance is placed on clause (ii) and the other party does not deliver a form or document under Section 4(a)(iii) by reason of material prejudice of its legal or commercial position.

Appears in 7 contracts

Samples: Rate Floor Transaction (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Oa3 /DE), Rate Cap Transaction (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Ar3), Rate Cap Transaction (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Oa2)

AutoNDA by SimpleDocs

Payer Representations. For the purpose of Section 3(e), BNY makes Party A and Party B make the following representations: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e), 6(d)(ii) or 6(e)) to be made by it to the other party under this Agreement. In making this representation, it may rely on: (i) the accuracy of any representations made by the other party pursuant to Section 3(f); (ii) the satisfaction of the agreement contained in Section 4 (a)(i) or 4(a)(iii) and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4 (a)(i) or 4(a)(iii); and (iii) the satisfaction of the agreement of the other party contained in Section 4(d), provided that it shall not be a breach of this representation where reliance is placed on clause (ii) and the other party does not deliver a form or document under Section 4(a)(iii) by reason of material prejudice of its legal or commercial position.

Appears in 3 contracts

Samples: Rate Floor Transaction (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Oa4 /DE), Isda Master Agreement (Banc of America Funding 2007-5 Trust), Rate Swap Transaction (Banc of America Funding 2006-I Trust)

Payer Representations. For the purpose of Section 3(e)) of this Agreement, BNY makes Party A and Party B make the following representationsrepresentation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e), 6(d)(ii) or 6(e)) to be made by it to the other party under this Agreement. In making this representation, it may rely on: on (i) the accuracy of any representations made by the other party pursuant to Section 3(f); ) of this Agreement, (ii) the satisfaction of the agreement contained in Section 4 (a)(i4(a)(i) or 4(a)(iii) of this Agreement, and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4 (a)(i4(a)(i) or 4(a)(iii); and ) of this Agreement, and (iii) the satisfaction of the agreement of the other party contained in Section 4(d), ) of this Agreement; provided that it shall not be a breach of this representation where reliance is placed on clause (ii) and the other party does not deliver a form or document under Section 4(a)(iii) by reason of material prejudice of to its legal or commercial position.

Appears in 3 contracts

Samples: Isda Master Agreement (CNH Capital Receivables LLC), Isda Master Agreement (CNH Capital Receivables LLC), Master Agreement (CNH Capital Receivables LLC)

Payer Representations. For the purpose of Section 3(e), BNY Party A and Party B makes the following representations: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e), 6(d)(ii) or 6(e)) to be made by it to the other party under this Agreement. In making this representation, it may rely on: (i) the accuracy of any representations made by the other party pursuant to Section 3(f); (ii) the satisfaction of the agreement contained in Section 4 (a)(i) or 4(a)(iii) and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4 (a)(i) or 4(a)(iii); and (iii) the satisfaction of the agreement of the other party contained in Section 4(d), provided that it shall not be a breach of this representation where reliance is placed on clause (ii) and the other party does not deliver a form or document under Section 4(a)(iii) by reason of material prejudice of its legal or commercial position.

Appears in 2 contracts

Samples: Isda Master Agreement (MASTR Adjustable Rate Mortgages Trust 2007-Hf1), Isda Master Agreement (Banc of America Funding 2007-B Trust)

Payer Representations. For the purpose of Section 3(e), BNY makes each of Party A and Party B will make the following representations: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e), 6(d)(ii) or 6(e)) to be made by it to the other party under this Agreement. In making this representation, it may rely on: (i) the accuracy of any representations made by the other party pursuant to Section 3(f); (ii) the satisfaction of the agreement contained in Section 4 (a)(i) or 4(a)(iii) and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4 (a)(i) or 4(a)(iii); and (iii) the satisfaction of the agreement of the other party contained in Section 4(d), provided that it shall not be a breach of this representation where reliance is placed on clause (ii) and the other party does not deliver a form or document under Section 4(a)(iii) by reason of material prejudice of to its legal or commercial position.

Appears in 2 contracts

Samples: Indenture (Renaissance Home Equity Loan Trust 2006-3), Indenture (Renaissance Home Equity Loan Trust 2006-3)

Payer Representations. For the purpose of Section 3(e), BNY Party A makes the following representations: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e), 6(d)(ii) or 6(e)) to be made by it to the other party under this Agreement. In making this representation, it may rely on: (i) the accuracy of any representations made by the other party pursuant to Section 3(f); (ii) the satisfaction of the agreement contained in Section 4 (a)(i) or 4(a)(iii) and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4 (a)(i) or 4(a)(iii); and (iii) the satisfaction of the agreement of the other party contained in Section 4(d), provided that it shall not be a breach of this representation where reliance is placed on clause (ii) and the other party does not deliver a form or document under Section 4(a)(iii) by reason of material prejudice of its legal or commercial position.

Appears in 1 contract

Samples: Isda Schedule (Banc of America Funding 2007-1 Trust)

Payer Representations. For the purpose of Section 3(e), BNY makes and the Counterparty make the following representations: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e), 6(d)(ii) or 6(e)) to be made by it to the other party under this Agreement. In making this representation, it may rely on: (i) the accuracy of any representations made by the other party pursuant to Section 3(f); (ii) the satisfaction of the agreement contained in Section 4 (a)(i) or 4(a)(iii) and the accuracy and effectiveness of any document Ref No. 38878 provided by the other party pursuant to Section 4 (a)(i) or 4(a)(iii); and (iii) the satisfaction of the agreement of the other party contained in Section 4(d), provided that it shall not be a breach of this representation where reliance is placed on clause (ii) and the other party does not deliver a form or document under Section 4(a)(iii) by reason of material prejudice of its legal or commercial position.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Citicorp Mortgage Securities Trust, Series 2007-2)

Payer Representations. For the purpose of Section 3(e), BNY makes and the Counterparty make the following representations: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e2(6), 6(d)(ii) or 6(e)) to be made by it to the other party under this Agreement. In making this representation, it may rely on: (i) the accuracy of any representations made by the other party pursuant to Section 3(f); (ii) the satisfaction of the agreement contained in Section 4 (a)(i) or 4(a)(iii) and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4 (a)(i) or 4(a)(iii); and (iii) the satisfaction of the agreement of the other party contained in Section 4(d), provided that it shall not be a breach of this representation where reliance is placed on clause (ii) and the other party does not deliver a form or document under Section 4(a)(iii) by reason of material prejudice of its legal or commercial position.

Appears in 1 contract

Samples: Rate Swap Transaction (Mortgage Loan Asset-Backed Certificates, Series 2006-He3)

Payer Representations. For the purpose of Section 3(e), BNY makes Party A and Party B each make the following representationsrepresentation specified below: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e), Section 6(d)(ii) or Section 6(e)) to be made by it to the other party under this Agreement. In making this representation, it may rely on: (i) the accuracy of any representations made by the other party pursuant to Section 3(f); (ii) the satisfaction of the agreement of the other party contained in Section 4 (a)(i4(a)(i) or Section 4(a)(iii) and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4 (a)(i4(a)(i) or Section 4(a)(iii); and (iii) the satisfaction of the agreement of the other party contained in Section 4(d), provided that it shall not be a breach of this representation where reliance is placed on clause (iiPart 2(a)(ii) above and the other party does not deliver a form or document under Section 4(a)(iii) by reason of material prejudice of to its legal or commercial position.

Appears in 1 contract

Samples: Fixed Floating Interest Rate Swap Agreement (Me Portfolio Management LTD)

Payer Representations. For the purpose of Section 3(e), BNY makes and the Counterparty make the following representations: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e), 6(d)(ii) or 6(e)) to be made by it to the other party under this Agreement. In making this representation, it may rely on: (i) the accuracy of any representations made by the other party pursuant to Section 3(f); (ii) the satisfaction of the agreement contained in Section 4 (a)(i) or 4(a)(iii) and the accuracy and effectiveness of any document Ref No. 38357 provided by the other party pursuant to Section 4 (a)(i) or 4(a)(iii); and (iii) the satisfaction of the agreement of the other party contained in Section 4(d), provided that it shall not be a breach of this representation where reliance is placed on clause (ii) and the other party does not deliver a form or document under Section 4(a)(iii) by reason of material prejudice of its legal or commercial position.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Citicorp Mortgage Securities Inc)

Payer Representations. For the purpose of Section 3(e), BNY makes Party A and Party B each make the following representationsrepresentation specified below: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e), Section 6(d)(ii) or Section 6(e)) to be made by it to the other party under this Agreement. In making this representation, it may rely on: (i) the accuracy of any representations made by the other party pursuant to Section 3(f);, (ii) the satisfaction of the agreement of the other party contained in Section 4 (a)(i4(a)(i) or Section 4(a)(iii) and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4 (a)(i4(a)(i) or Section 4(a)(iii); and (iii) the satisfaction of the agreement of the other party contained in Section 4(d), provided that it shall not be a breach of this representation where reliance is placed on clause (iiPart 2(a)(ii) above and the other party does not deliver a form or document under Section 4(a)(iii) by reason of material prejudice of to its legal or commercial position.

Appears in 1 contract

Samples: Master Agreement (Me Portfolio Management LTD)

Payer Representations. For the purpose of Section 3(e), BNY and the Counterparty makes the following representations: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e), 6(d)(ii) or 6(e)) to be made by it to the other party under this Agreement. In making this representation, it may rely on: (i) the accuracy of any representations made by the other party pursuant to Section 3(f); (ii) the satisfaction of the agreement contained in Section 4 (a)(i) or 4(a)(iii) and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4 (a)(i) or 4(a)(iii); and (iii) the satisfaction of the agreement of the other party contained in Section 4(d), provided that it shall not be a breach of this representation where reliance is placed on clause (ii) and the other party does not deliver a form or document under Section 4(a)(iii) by reason of material prejudice of its legal or commercial position.

Appears in 1 contract

Samples: Isda Master Agreement (Bayview Financial Mortgage Pass-Through Trust 2007-A)

AutoNDA by SimpleDocs

Payer Representations. For the purpose of Section 3(e), BNY makes the makesthe following representations: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e), 6(d)(ii) or 6(e)) to be made by it to the other party under this Agreement. In making this representation, it may rely on: (i) the accuracy of any representations made by the other party pursuant to Section 3(f); (ii) the satisfaction of the agreement contained in Section 4 (a)(i) or 4(a)(iii) and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4 (a)(i) or 4(a)(iii); and (iii) the satisfaction of the agreement of the other party contained in Section 4(d), provided that it shall not be a breach of this representation where reliance is placed on clause (ii) and the other party does not deliver a form or document under Section 4(a)(iii) by reason of material prejudice of its legal or commercial position.

Appears in 1 contract

Samples: Rate Cap Transaction (HarborView 2006-14)

Payer Representations. For the purpose of Section 3(e), BNY makes the following representations: It each of CLNY and Counterparty represents that it is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e), 6(d)(ii) or 6(e)) or Part 6 of this Schedule) to be made by it to the other party under this Agreement. In making this representation, it may rely on: on (i) the accuracy of any representations representation made by the other party pursuant to Section 3(f); , (ii) the satisfaction of the agreement contained in Section 4 (a)(i4(a)(i) or 4(a)(iii) and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4 (a)(i4(a)(i) or 4(a)(iii); and ) and (iii) the satisfaction of the agreement of the other party contained in Section 4(d), provided that it shall not be a breach of this representation where reliance is placed on clause (ii) and the other party does not deliver a form or document under Section 4(a)(iii) by reason of material prejudice of to its legal or commercial position.

Appears in 1 contract

Samples: Master Agreement (World Omni 1999-a Automobile Lease Securitization Trust)

Payer Representations. For the purpose of Section 3(e)) of this Agreement, BNY makes Party A and Party B will each make the following representationsrepresentation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e), 6(d)(ii) or 6(e)) of this Agreement and deliveries, transfers and payments to be made pursuant to the Credit Support Annex) to be made by it to the other party under this Agreement. In making this representation, it may rely on: (i) the accuracy of any representations made by the other party pursuant to Section 3(f);) of this Agreement, (ii) the satisfaction of the agreement contained in Section 4 (a)(i4(a)(i) or 4(a)(iii) of this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4 (a)(i4(a)(i) or 4(a)(iii)) of this Agreement; and (iii) the satisfaction of the agreement of the other party contained in Section 4(d), provided that it shall not be a breach ) of this representation where reliance is placed on clause (ii) and the other party does not deliver a form or document under Section 4(a)(iii) by reason of material prejudice of its legal or commercial position.Agreement,

Appears in 1 contract

Samples: Isda Schedule

Payer Representations. For the purpose of Section 3(e), BNY makes Party A and Party B make the following representationsrepresentation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, authority of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e), 6(d)(ii) ), or 6(e)) to be made by it to the other party under this Agreement. In making this representation, it may rely on: on (i) the accuracy of any representations made by the other party pursuant to Section 3(f); , (ii) the satisfaction of the agreement contained in Section 4 (a)(i) or 4(a)(iii) and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4 (a)(i4(a)(i) or 4(a)(iii); and , and (iii) the satisfaction of the agreement of the other party contained in Section 4(d), provided that it shall not be a breach of this representation where reliance is placed on clause Clause (ii) and the other party does not deliver a form or document under Section 4(a)(i) or 4(a)(iii) by reason of material prejudice of to its legal or commercial position.

Appears in 1 contract

Samples: Master Agreement

Payer Representations. For the purpose of Section 3(e), BNY makes Party A and Party B make the following representationsrepresentation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e), 6(d)(ii) ), or 6(e)) to be made by it to the other party under this Agreement. In making this representation, it may rely on: on (i) the accuracy of any representations made by the other party pursuant to Section 3(f); , (ii) the satisfaction of the agreement contained in Section 4 (a)(i4(a)(i) or 4(a)(iii) and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4 (a)(i4(a)(i) or 4(a)(iii); and , and (iii) the satisfaction of the agreement of the other party contained in Section 4(d), provided that it shall not be a breach of this representation where reliance is placed on clause (ii) and the other party does not deliver a form or document under Section 4(a)(iii) by reason of material prejudice of to its legal or commercial position.

Appears in 1 contract

Samples: Isda Master Agreement (Brooke Group LTD)

Payer Representations. For the purpose of Section 3(e), BNY makes and the Counterparty make the following representations: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e), 6(d)(ii) or 6(e)) to be made by it to the other party under this Agreement. In making this representation, it may rely on: (i) the accuracy of any representations made by the other party pursuant to Section 3(f); (ii) the satisfaction of the agreement contained in Section 4 (a)(i) or 4(a)(iii) and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4 (a)(i) or 4(a)(iii); and (iii) the satisfaction of the agreement of the other party contained in Section 4(d), provided that it shall not be a breach of this representation where N-1-4 reliance is placed on clause (ii) and the other party does not deliver a form or document under Section 4(a)(iii) by reason of material prejudice of its legal or commercial position.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Mortgage Loan Asset-Backed Certificates, Series 2006-Wmc2)

Payer Representations. For the purpose of Section 3(e), BNY makes Party A and Party B make the following representationsrepresentation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e), 6(d)(ii) ), or 6(e)) to be made by it to the other party under this Agreement. In making this representation, it may rely on: on (i) the accuracy of any representations made by the other party pursuant to Section 3(f); , (ii) the satisfaction of the agreement contained in Section 4 (a)(i4(a)(i) or 4(a)(iii) and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4 (a)(i4(a)(i) or 4(a)(iii); and , and (iii) the satisfaction of the agreement of the other party contained in Section 4(d), provided PROVIDED that it shall not be a breach of this representation where reliance is placed on clause Clause (ii) and the other party does not deliver a form or document under Section 4(a)(iii) by reason of material prejudice of to its legal or commercial position.

Appears in 1 contract

Samples: Isda Master Agreement (Newpower Holdings Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!