Second Method and Market Quotation. If the Second Method and Market Quotation apply, (I) Counterparty shall pay to Bear Xxxxxxx an amount equal to the absolute value of the Settlement Amount in respect of the Terminated Transactions, (II) Counterparty shall pay to Bear Xxxxxxx the Termination Currency Equivalent of the Unpaid Amounts owing to Bear Xxxxxxx and (III) Bear Xxxxxxx shall pay to Counterparty the Termination Currency Equivalent of the Unpaid Amounts owing to Counterparty; provided, however, that (x) the amounts payable under the immediately preceding clauses (II) and (III) shall be subject to netting in accordance with Section 2(c) of this Agreement and (y) notwithstanding any other provision of this Agreement, any amount payable by Bear Xxxxxxx under the immediately preceding clause (III) shall not be netted-off against any amount payable by Counterparty under the immediately preceding clause (I)."
Appears in 8 contracts
Samples: Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2007-Ar4), Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2007-Ar3), Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2007-Ar1)
Second Method and Market Quotation. If the Second Method and Market Quotation apply, (I) Counterparty the Trust shall pay to Bear Xxxxxxx the Counterparty an amount equal to the absolute value of the Settlement Amount in respect of the Terminated Transactions, (II) Counterparty the Trust shall pay to Bear Xxxxxxx the Termination Currency Equivalent of the Unpaid Amounts owing to Bear Xxxxxxx and (III) Bear Xxxxxxx shall pay to Counterparty the Termination Currency Equivalent of the Unpaid Amounts owing to Counterpartythe Counterparty and (III) the Counterparty shall pay to the Trust the Termination Currency Equivalent of the Unpaid Amounts owing to the Trust; provided, however, that (x) the amounts payable under the immediately preceding clauses (II) and (III) shall be subject to netting in accordance with Section 2(c) of this Agreement and (y) notwithstanding any other provision of this Agreement, any amount payable by Bear Xxxxxxx the Counterparty under the immediately preceding clause (III) shall not be netted-off against any amount payable by Counterparty the Trust under the immediately preceding clause (I)."β
Appears in 3 contracts
Samples: Master Agreement (Capital Auto Receivables Asset Trust 2007-1), The Isda Master Agreement (Capital Auto Receivables LLC), The Isda Master Agreement (Capital Auto Receivables Asset Trust 2007-3)
Second Method and Market Quotation. If the Second Method and Market Quotation apply, (I) Counterparty shall pay to Bear Xxxxxxx Stearns an amount equal to the absolute value absxxxxx xalue of the Settlement Amount in respect of the Terminated Transactions, (II11) Counterparty shall pay to Bear Xxxxxxx Stearns the Termination Currency Equivalent of the Unpaid Amounts owing to Bear Xxxxxxx Stearns and (III111) Bear Xxxxxxx shall pay Stearns shaxx xxx to Counterparty the Termination Xxxmination Currency Equivalent of the Unpaid Amounts owing to Counterparty; provided, however, that (x) the amounts payable under the immediately preceding clauses (II11) and (III111) shall be subject to netting in accordance with Section 2(c) of this Agreement and (y) notwithstanding any other provision of this Agreement, any amount payable by Bear Xxxxxxx Stearns under the immediately preceding clause precxxxxx xlause (III111) shall not be netted-off against any amount payable by Counterparty under the immediately preceding clause (I)."
Appears in 1 contract
Samples: Assignment Agreement (CWHEQ Home Equity Loan Trust, Series 2006-S10)
Second Method and Market Quotation. If the Second Method and Market Quotation apply, (I) Counterparty shall pay to Bear Xxxxxxx Stearns an amount equal to the absolute value of the xx xxx Settlement Amount in respect of the Terminated Transactions, (II) Counterparty shall pay to Bear Xxxxxxx Stearns the Termination Currency Equivalent of the Unpaid Amounts owing to Bear Xxxxxxx Stearns and (III) Bear Xxxxxxx Stearns shall pay to Counterparty the Termination Termxxxxxxx Currency Equivalent of the Unpaid Amounts owing to Counterparty; provided, however, that (x) the amounts payable under the immediately preceding clauses (II) and (III) shall be subject to netting in accordance with Section 2(c) of this Agreement and (y) notwithstanding any other provision of this Agreement, any amount payable by Bear Xxxxxxx Stearns under the immediately preceding clause (III) shall not be netted-off against any amount payable by Counterparty under the immediately preceding clause (I)."
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2006-Ar4)
Second Method and Market Quotation. If the Second Method and Market Quotation apply, (I) Counterparty shall pay to Bear Xxxxxxx Stearns an amount equal to the absolute value of the Settlement ox xxx Xettlement Amount in respect of the Terminated Transactions, (II) Counterparty shall pay to Bear Xxxxxxx Stearns the Termination Currency Equivalent of the Unpaid xxx Xxxaid Amounts owing to Bear Xxxxxxx Stearns and (III) Bear Xxxxxxx Stearns shall pay to Counterparty Couxxxxxxxty the Termination Currency Terminatixx Xxxxency Equivalent of the Unpaid Amounts owing to Counterparty; provided, however, that (x) the amounts payable under the immediately preceding clauses (II) and (III) shall be subject to netting in accordance with Section 2(c) of this Agreement and (y) notwithstanding any other provision of this Agreement, any amount payable by Bear Xxxxxxx Stearns under the immediately preceding clause (IIIXXX) shall xhall not be netted-off against any amount payable by Counterparty under the immediately preceding clause (I)."
Appears in 1 contract
Samples: Assignment Agreement (CWHEQ Home Equity Loan Trust, Series 2007-S2)
Second Method and Market Quotation. If the Second Method and Market Quotation apply, (I) Counterparty shall pay to Bear Xxxxxxx Stearns an amount equal to the absolute value of the xxx Settlement Amount in respect of the Terminated Transactions, (II) Counterparty shall pay to Bear Xxxxxxx Stearns the Termination Currency Equivalent of the Unpaid xxx Xxpaid Amounts owing to Bear Xxxxxxx Stearns and (III) Bear Xxxxxxx Stearns shall pay to Counterparty Coxxxxxxxrty the Termination Currency Terminatxxx Xxxrency Equivalent of the Unpaid Amounts owing to Counterparty; provided, however, that (x) the amounts payable under the immediately preceding clauses (II) and (III) shall be subject to netting in accordance with Section 2(c) of this Agreement and (y) notwithstanding any other provision of this Agreement, any amount payable by Bear Xxxxxxx Stearns under the immediately preceding clause (IIIXXX) shall not be netted-off against any amount payable by Counterparty under the immediately preceding clause (I)."
Appears in 1 contract
Samples: Assignment Agreement (CWHEQ Home Equity Loan Trust, Series 2007-S3)
Second Method and Market Quotation. If the Second Method and Market Quotation apply, (I) Counterparty the Trust shall pay to Bear Xxxxxxx the Counterparty an amount equal to the absolute value of the Settlement Amount in respect of the Terminated Transactions, (II) Counterparty the Trust shall pay to Bear Xxxxxxx the Termination Currency Equivalent of the Unpaid Amounts owing to Bear Xxxxxxx and (III) Bear Xxxxxxx shall pay to Counterparty the Termination Currency Equivalent of the Unpaid Amounts owing to Counterpartythe Counterparty and (III) the Counterparty shall pay to the Trust the Termination Currency Equivalent of the Unpaid Amounts owing to the Trust; provided, however, that (x) the amounts payable under the immediately preceding clauses (II) and (III) shall be subject to netting in accordance with Section 2(c) of this Agreement and (y) notwithstanding any other provision of this Agreement, any amount payable by Bear Xxxxxxx the Counterparty under the immediately preceding clause (III) shall not be netted-off against any amount payable by Counterparty the Trust under the immediately preceding clause (I)."
Appears in 1 contract
Samples: Master Agreement (SWIFT Master Auto Receivables Trust)
Second Method and Market Quotation. If the Second Method and Market Quotation apply, (I) Counterparty shall pay to Bear Xxxxxxx an amount equal to the absolute value of the Settlement Amount in respect of the Terminated Transactions, (II) Counterparty shall pay to Bear Xxxxxxx the Termination Currency Equivalent of the Unpaid Amounts owing to Bear Xxxxxxx and (III) Bear Xxxxxxx shall pay to Counterparty the Termination Currency Equivalent of the Unpaid Amounts owing to Counterparty; provided, however, that (x) the amounts payable under the immediately preceding clauses (II) and (III) shall be subject to netting in accordance with Section 2(c) of this Agreement and (y) notwithstanding any other provision of this Agreement, any amount payable by Bear Xxxxxxx under the immediately preceding clause (III) shall not be netted-off against any amount payable by Counterparty under the immediately preceding clause (I)."
Appears in 1 contract