Substitution of Rate Protection Providers. (a) The Trustee, on behalf of the Trust Fund, shall maintain in effect Rate Protection Agreements, on substantially the same terms and conditions as the related Rate Protection Agreement in effect on the Closing Date, with Rate Protection Providers or substitute Rate Protection Providers (1) whose long term senior unsecured debt obligations are rated at least “Aa3” by Xxxxx’x and at least “AA-” by S&P and whose short-term unsecured debt obligations are rated at least “A-1” by S&P or (2) with respect to any such substitute Rate Protection Provider not rated at least “Aa3” by Xxxxx’x and at least “AA ” by S&P, a Rate Protection Provider whose obligations in respect of any Rate Protection Agreement are absolutely and unconditionally guaranteed by an Affiliate of such Rate Protection Provider, so long as such Affiliate’s long term senior unsecured debt obligations are rated at least “A1” by Xxxxx’x and so long as such Affiliate’s short-term unsecured debt obligations are rated at least “A-1” by S&P.
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Samples: Pooling and Servicing Agreement (Bayview Financial Securities Co LLC), Pooling and Servicing Agreement (Bayview Financial Corp Mortgage Pass THR Certs Ser 2003-E)
Substitution of Rate Protection Providers. (a) The Trustee, on behalf of the Trust Fund, shall maintain in effect Rate Protection Agreements, on substantially the same terms and conditions as the related Rate Protection Agreement in effect on the Closing Date, with Rate Protection Providers or substitute Rate Protection Providers (1) whose long long-term senior unsecured debt obligations are rated at least “Aa3” by Xxxxx’x and at least “AA-” by S&P and whose short-term unsecured debt obligations are rated at least “A-1” by S&P or (2) with respect to any such substitute Rate Protection Provider not rated at least “Aa3” by Xxxxx’x and at least “AA ” by S&P, a Rate Protection Provider whose obligations in respect of any Rate Protection Agreement are absolutely and unconditionally guaranteed by an Affiliate of such Rate Protection Provider, so long as such Affiliate’s long long-term senior unsecured debt obligations are rated at least “A1” by Xxxxx’x and so long as such Affiliate’s short-term unsecured debt obligations are rated at least “A-1” by S&P.
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Samples: Pooling and Servicing Agreement (Bayview Financial Sec Co LLC Mort Pas THR Certs Ser 2004 A)
Substitution of Rate Protection Providers. (a) The Trustee, on behalf of the Trust Fund, shall maintain in effect Rate Protection Agreements, on substantially the same terms and conditions as the related Rate Protection Agreement in effect on the Closing Date, with Rate Protection Providers or substitute Rate Protection Providers (1) whose long term senior unsecured debt obligations are rated at least “Aa3” by Xxxxx’x and at least “AA-” by S&P and whose short-term unsecured debt obligations are rated at least “A-1” by S&P or (2) with respect to any such substitute Rate Protection Provider not rated at least “Aa3” by Xxxxx’x and at least “AA AA” by S&P, a Rate Protection Provider whose obligations in respect of any Rate Protection Agreement are absolutely and unconditionally guaranteed by an Affiliate of such Rate Protection Provider, so long as such Affiliate’s long term senior unsecured debt obligations are rated at least “A1” by Xxxxx’x and so long as such Affiliate’s short-term unsecured debt obligations are rated at least “A-1” by S&P.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bayview Financial Mort Pass THR Certs Ser 2003-F)