Common use of Provisions of General Application Clause in Contracts

Provisions of General Application. (a) The terms defined herein and in Appendix I to the Indenture include the plural as well as the singular. (b) The words “herein,” “hereof” and “hereunder” and other words of similar import refer to this Agreement as a whole. Unless otherwise noted, all references to Articles and Sections shall be deemed to refer to Articles and Sections of this Agreement. (c) Any reference to statutes are to be construed as including all statutory provisions consolidating, amending or replacing the statute to which reference is made and all regulations promulgated pursuant to such statutes. (d) All calculations of interest with respect to the LIBOR Notes provided for herein shall be on the basis of a 360-day year and the actual number of days elapsed in the related Interest Accrual Period. All calculations of interest with respect to any Mortgage Loan provided for herein shall be made in accordance with the terms of the related Mortgage Note and Mortgage or, if such documents do not specify the basis upon which interest accrues thereon, on the basis of a 360 day year consisting of twelve 30-day months, to the extent permitted by applicable law. (e) Any Mortgage Loan payment is deemed to be received on the date such payment is actually received by the Servicer; provided, however, that, for purposes of calculating payments on the Notes, prepayments with respect to any Mortgage Loan are deemed to be received on the date they are applied in accordance with Accepted Servicing Practices consistent with the terms of the related Mortgage Note and Mortgage to reduce the outstanding Principal Balance of such Mortgage Loan on which interest accrues.

Appears in 16 contracts

Samples: Sale and Servicing Agreement, Sale and Servicing Agreement (Accredited Mortgage Loan REIT Trust), Sale and Servicing Agreement (NovaStar Certificates Financing CORP)

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Provisions of General Application. (a) The terms defined herein and in Appendix I to the Indenture include the plural as well as the singular. (b) The words “herein,” “hereof” and “hereunder” and other words of similar import refer to this Agreement as a whole. Unless otherwise noted, all references to Articles and Sections shall be deemed to refer to Articles and Sections of this Agreement. (c) Any reference to statutes are to be construed as including all statutory provisions consolidating, amending or replacing the statute to which reference is made and all regulations promulgated pursuant to such statutes. (d) All calculations of interest with respect to the LIBOR Notes provided for herein shall be on the basis of a 360-day year and the actual number of days elapsed in the related Interest Accrual Period. All calculations of interest with respect to any Mortgage Loan provided for herein shall be made in accordance with the terms of the related Mortgage Note and Mortgage or, if such documents do not specify the basis upon which interest accrues thereon, on the basis of a 360 day year consisting of twelve 30-day months, to the extent permitted by applicable law. (e) Any Mortgage Loan payment is deemed to be received on the date such payment is actually received by the Servicer; provided, however, that, for purposes of calculating payments on the Notes, prepayments with respect to any Mortgage Loan are deemed to be received on the date they are applied in accordance with Accepted Servicing Practices consistent with the terms of the related Mortgage Note and Mortgage to reduce the outstanding Principal Balance of such Mortgage Loan on which interest accrues.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (Accredited Mortgage Loan REIT Trust), Sale and Servicing Agreement (NovaStar Certificates Financing LLC), Sale and Servicing Agreement (NovaStar Certificates Financing CORP)

Provisions of General Application. (a) The terms defined herein and in Appendix I to the Indenture include the plural as well as the singular. (b) The words “herein,” “hereof” and “hereunder” and other words of similar import refer to this Agreement as a whole. Unless otherwise noted, all references to Articles and Sections shall be deemed to refer to Articles and Sections of this Agreement. (c) Any reference to statutes are to be construed as including all statutory provisions consolidating, amending or replacing the statute to which reference is made and all regulations promulgated pursuant to such statutes. (d) All calculations of interest with respect to the LIBOR Notes provided for herein shall be on the basis of a 360-day year and the actual number of days elapsed in the related Interest Accrual Period. All calculations of interest with respect to any Mortgage Loan provided for herein shall be made in accordance with the terms of the related Mortgage Note and Mortgage or, if such documents do not specify the basis upon which interest accrues thereon, on the basis of a 360 day year consisting of twelve 30-day months, to the extent permitted by applicable law. (e) Any Mortgage Loan payment is deemed to be received on the date such payment is actually received by the Master Servicer; provided, however, that, for purposes of calculating payments on the Notes, prepayments with respect to any Mortgage Loan are deemed to be received on the date they are applied in accordance with Accepted Servicing Practices consistent with the terms of the related Mortgage Note and Mortgage to reduce the outstanding Principal Balance of such Mortgage Loan on which interest accrues.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Accredited Mortgage Loan Trust 2004-2), Sale and Servicing Agreement (Accredited Home Lenders Inc Mortgage Loan Trust 2004-1)

Provisions of General Application. (a) The terms defined herein and in Appendix I to the Indenture include the plural as well as the singular. (b) The words “herein,” “hereof” and “hereunder” and other words of similar import refer to this Agreement as a whole. Unless otherwise noted, all references to Articles and Sections shall be deemed to refer to Articles and Sections of this Agreement. (c) Any reference to statutes are to be construed as including all statutory provisions consolidating, amending or replacing the statute to which reference is made and all regulations promulgated pursuant to such statutes. (d) All calculations of interest with respect to the LIBOR Class A-1 Notes provided for herein shall be made on the basis of a 360-day year consisting of twelve 30-day months. All calculations of interest with respect to the Class A-2 Notes and Class A-3 Notes provided for herein shall be on the basis of a 360-day year and the actual number of days elapsed in the related Interest Accrual Period. All calculations of interest with respect to any Mortgage Loan provided for herein shall be made in accordance with the terms of the related Mortgage Note and Mortgage or, if such documents do not specify the basis upon which interest accrues thereon, on the basis of a 360 day year consisting of twelve 30-day months, to the extent permitted by applicable law. (e) Any Mortgage Loan payment is deemed to be received on the date such payment is actually received by the Master Servicer; provided, however, that, for purposes of calculating payments on the Notes, prepayments with respect to any Mortgage Loan are deemed to be received on the date they are applied in accordance with Accepted Servicing Practices consistent with the terms of the related Mortgage Note and Mortgage to reduce the outstanding Principal Balance of such Mortgage Loan on which interest accrues.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Accredited Mortgage Loan Trust 2003-3), Sale and Servicing Agreement (Accredited Mortgage Loan Trust 2003-2)

Provisions of General Application. (a) The terms defined herein and in Appendix I to the Indenture include the plural as well as the singular. (b) The words “herein,” “hereof” and “hereunder” and other words of similar import refer to this Agreement as a whole. Unless otherwise noted, all references to Articles and Sections shall be deemed to refer to Articles and Sections of this Agreement. (c) Any reference to statutes are to be construed as including all statutory provisions consolidating, amending or replacing the statute to which reference is made and all regulations promulgated pursuant to such statutes. (d) All calculations of interest with respect to the LIBOR Notes provided for herein shall be on the basis of a 360-day year and the actual number of days elapsed in the related Interest Accrual Period. All calculations of interest with respect to the Class M-6 Notes provided for herein shall be on the basis of a 360-day year comprised of twelve 30-day months. All calculations of interest with respect to any Mortgage Loan provided for herein shall be made in accordance with the terms of the related Mortgage Note and Mortgage or, if such documents do not specify the basis upon which interest accrues thereon, on the basis of a 360 day year consisting of twelve 30-day months, to the extent permitted by applicable law. (e) Any Mortgage Loan payment is deemed to be received on the date such payment is actually received by the Servicer; provided, however, that, for purposes of calculating payments on the Notes, prepayments with respect to any Mortgage Loan are deemed to be received on the date they are applied in accordance with Accepted Servicing Practices consistent with the terms of the related Mortgage Note and Mortgage to reduce the outstanding Principal Balance of such Mortgage Loan on which interest accrues.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Accredited Mortgage Loan Trust 2004-4)

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Provisions of General Application. (a) The terms defined herein and in Appendix I to the Indenture include the plural as well as the singular. (b) The words “herein,” “hereof” and “hereunder” and other words of similar import refer to this Agreement as a whole. Unless otherwise noted, all references to Articles and Sections shall be deemed to refer to Articles and Sections of this Agreement. (c) Any reference to statutes are to be construed as including all statutory provisions consolidating, amending or replacing the statute to which reference is made and all regulations promulgated pursuant to such statutes. (d) All calculations of interest with respect to the LIBOR Group I Notes provided for herein shall be on the basis of a 360-day year comprised of twelve 30-day months. All calculations of interest with respect to the Group II Notes provided for herein shall be on the basis of a 360-day year and the actual number of days elapsed in the related Interest Accrual Period. All calculations of interest with respect to any Mortgage Loan provided for herein shall be made in accordance with the terms of the related Mortgage Note and Mortgage or, if such documents do not specify the basis upon which interest accrues thereon, on the basis of a 360 day year consisting of twelve 30-day months, to the extent permitted by applicable law. (e) Any Mortgage Loan payment is deemed to be received on the date such payment is actually received by the Master Servicer; provided, however, that, for purposes of calculating payments on the Notes, prepayments with respect to any Mortgage Loan are deemed to be received on the date they are applied in accordance with Accepted Servicing Practices consistent with the terms of the related Mortgage Note and Mortgage to reduce the outstanding Principal Balance of such Mortgage Loan on which interest accrues.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Accredited Mortgage Loan Trust 2004-3)

Provisions of General Application. (a) All accounting terms not specifically defined herein shall be construed in accordance with generally accepted accounting principles. (b) The terms defined herein and in Appendix I to the Indenture this Article include the plural as well as the singular. (bc) The words “herein,” “hereof” and “hereunder” and other words of similar import refer to this Agreement as a whole. Unless otherwise noted, all All references to Articles and Sections shall be deemed to refer to Articles and Sections of this Agreement. (cd) Any reference Reference to statutes are to be construed as including all statutory provisions consolidating, amending or replacing the statute to which reference is made and all regulations promulgated pursuant to such statutes. (de) All calculations of interest relating to the Class A-1 Certificates (other than with respect to the LIBOR Notes Mortgage Loans, or as otherwise specifically set forth herein) provided for herein shall be made on the basis of a 360-day year and the actual number of days elapsed in divided by a year comprised of 360 days. All calculations of interest relating to the related Interest Accrual PeriodClass A-2 Certificates, Class A-3 Certificates, Class A-4 Certificates or Class A-5 Certificates (other than with respect to the Mortgage Loans, or as otherwise specifically set forth herein) provided for herein, shall be made on the basis of an assumed year of 360 days consisting of twelve 30 day months. All calculations of interest with respect to any Mortgage Loan provided for herein shall be made in accordance with the terms of the related Mortgage Note and Mortgage or, if such documents do not specify the basis upon which interest accrues thereon, on the basis of dividing actual days elapsed by a 360 day year consisting of twelve 30365-day months, to the extent permitted by applicable lawyear. (ef) Any Mortgage Loan payment is deemed to be received on the date such payment is actually received by the Master Servicer; provided, however, that, that for purposes of calculating payments distributions on the Notes, Certificates prepayments with respect to any Mortgage Loan are deemed to be received on the date they are applied in accordance with Accepted Servicing Practices customary servicing practices consistent with the terms of the related Mortgage Note and Mortgage to reduce the outstanding Principal Balance principal balance of such Mortgage Loan on which interest accrues.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bcap LLC)

Provisions of General Application. (a) All accounting terms not specifically defined herein shall be construed in accordance with GAAP. (b) The terms defined herein and in Appendix I to the Indenture this Article include the plural as well as the singular. (bc) The words "herein,” “" "hereof" and "hereunder" and other words of similar import refer to this Agreement as a whole. Unless otherwise noted, all All references to Articles and Sections shall be deemed to refer to Articles and Sections of this Agreement. (cd) Any reference to statutes are to be construed as including all statutory provisions consolidating, amending or replacing the statute to which reference is made and all regulations promulgated pursuant to such statutes. (de) All calculations of interest (other than with respect to the LIBOR Notes Mortgage Loans and the Class A-IO Certificates) provided for herein shall be made on the basis of a 360-day year and consisting of the actual number of days elapsed in the related Interest applicable Accrual Period. All calculations of interest with respect to the Class A-IO Certificates (other than with respect to the first Distribution Date) shall be made on the basis of a 360-day year consisting of twelve 30-day months. All calculations of interest with respect to any Mortgage Loan provided for herein shall be made in accordance with the terms of the related Mortgage Note and Mortgage or, if such documents do not specify the basis upon which interest accrues thereon, on the basis of a 360 360-day year consisting of twelve 30-day months, to the extent permitted by applicable law. (e) Any Mortgage Loan payment is deemed to be received on the date such payment is actually received by the Servicer; provided, however, that, for purposes of calculating payments on the Notes, prepayments with respect to any Mortgage Loan are deemed to be received on the date they are applied in accordance with Accepted Servicing Practices consistent with the terms of the related Mortgage Note and Mortgage to reduce the outstanding Principal Balance of such Mortgage Loan on which interest accrues.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Trust 2003 -Abf1)

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