Certain Constructions. (a) For purposes of this Agreement, references to the most or next most subordinate Class of Pooled Regular Certificates outstanding at any time shall mean the most or next most subordinate Class of Pooled Regular Certificates then outstanding as among the Class A-1, Class A-2, Class A-3, Class A-4, Class A-AB, Class X-A, Class X-B, Class X-D, Class X-F, Class X-G, Class X-H, Class A-S, Class B, Class C, Class D, Class E, Class F, Class G, Class H, Class J-RR and Class K-RR Certificates; provided, however, that for purposes of determining the most subordinate Class of Pooled Regular Certificates, in the event that the Class A-1, Class A-2, Class A-3, Class A-4 and Class A-AB Certificates are the only Classes of Pooled Principal Balance Certificates outstanding, the Class A-1, Class A-2, Class A-3, Class A-4, Class A-AB and Class X-A Certificates together will be treated as the most subordinate Class of Pooled Regular Certificates. For purposes of this Agreement, each Class of Certificates (other than the Class S and Class R Certificates) shall be deemed to be outstanding only to the extent its respective Certificate Balance or Notional Amount has not been reduced to zero. For purposes of this Agreement, the Class R Certificates shall be deemed to be outstanding so long as the Trust REMICs have not been terminated pursuant to Section 9.01 of this Agreement.
(b) For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(i) the terms defined in this Agreement include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(ii) references herein to “Articles”, “Sections”, “Subsections”, “Paragraphs” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
Certain Constructions. References to the singular in this Agreement shall refer to the plural and vice-versa and references to the masculine shall refer to the feminine and vice-versa.
Certain Constructions. For purposes of this Agreement, references to the most or next most subordinate Class of Certificates outstanding at any time shall mean the most or next most subordinate Class of Certificates then outstanding as among the Class A, Class X, Class A-M, Class A-J, Class B, Class C, Class D, Class E, Class F, Class G, Class H, Class J, Class K, Class L, Class M, Class N, Class O, Class P, Class Q and Class S Certificates; provided, however, that for purposes of determining the most subordinate Class of Certificates, in the event that the Class A Certificates are the only Class of Certificates outstanding (other than the Class X, Class LR or Class R Certificates), the Class A Certificates and the Class X Certificates together will be treated as the most subordinate Class of Certificates. For purposes of this Agreement, each Class of Certificates other than the Class LR and Class R Certificates shall be deemed to be outstanding only to the extent its respective Certificate Principal Amount or Notional Amount has not been reduced to zero. For purposes of this Agreement the Class LR and the Class R Certificates shall be deemed to be outstanding so long as the Trust REMICs have not been terminated pursuant to Section 9.01.
Certain Constructions. (a) For purposes of this Agreement, references to the most or next most subordinate Class of Certificates outstanding at any time shall mean the most or next most subordinate Class of Certificates then outstanding as among the Class A, Class X-A, Class X-B, Class X-D, Class X-E, Class X-F, Class X-NR, Class A-S, Class B, Class C, Class D, Class E, Class F and Class NR Certificates; provided, however, that for purposes of determining the most subordinate Class of Certificates, in the event that the Class A Certificates are the only Classes of Principal Balance Certificates outstanding, the Class A Certificates and the Class X Certificates together will be treated as the most subordinate Class of Certificates. For purposes of this Agreement, each Class of Regular Certificates shall be deemed to be outstanding only to the extent its respective Certificate Principal Balance or Notional Amount has not been reduced to zero. For purposes of this Agreement, the Class R Certificates shall be deemed to be outstanding so long as the Trust REMICs have not been terminated pursuant to Section 9.01 of this Agreement.
(b) For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(i) the terms defined in this Agreement include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(ii) references herein to “Articles”, “Sections”, “Subsections”, “Paragraphs” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
Certain Constructions. Unless the context clearly indicates otherwise, references to section numbers are to sections of this Agreement.
Certain Constructions. For purposes of Section 9.01, references to the Most Subordinate Class of Certificates as defined in Section 1.01 (or REMIC II Regular Interests) outstanding at any time shall mean the most or next most subordinate Class of Certificates (or REMIC II Regular Interests) then outstanding as among the Class A1, Class A2, Class A3, Class B, Class C, Class D, Class E, Class F, Class G, Class H, Class J, Class K and Class L Certificates (and the Classes of Corresponding REMIC II Regular Interests). For such purposes, the Class A1, Class A2 and Class A3 Certificates (and the Classes of Corresponding REMIC II Regular Interests) together shall be considered to be one Class. For purposes of this Agreement (except as specifically provided in the definition of "Certificateholder"), each Class of Certificates shall be deemed to be outstanding only to the extent its respective Class Balance has not been reduced to zero. For purposes of this Agreement, the Class X Certificates shall be deemed to be outstanding until their Notional Amount has been reduced to zero.
Certain Constructions. For purposes of Section 3.10, Section 3.23 and Section 4.6(c), references to the most or next most subordinate Class of Certificates outstanding at any time shall mean the most or next most subordinate Class of Certificates then outstanding as among the Class Certificates shall be considered to be one Class), and references to the next most subordinate Class of Lower-Tier Regular Interests outstanding at any time shall mean the most or next most subordinate Class of Lower-Tier Regular Interests then outstanding as among the Class interests, subject in each case to the rules of construction set forth in the following sentences of this Section 1.3. Each Class of Certificates, shall be deemed to be outstanding only to the extent its respective Certificate Balance has not been reduced to zero or, with respect to the Class ___ Certificates, to the extent that the EC Maturity Date has not occurred or with respect to the Class ___ Certificates, to the extent the Class ___ Notional Balance has not been reduced to zero. Unless the context clearly indicates otherwise, references to section numbers are to sections of this Agreement.
Certain Constructions. (a) As used herein and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in Section 1.1 shall have the respective meanings given to them under United States generally accepted accounting principles or regulatory accounting principles, as applicable.
(b) The words "hereof," "herein" and "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, and references to Sections, Schedules and Exhibits contained in this Agreement are references to Sections, Schedules and Exhibits in or to this Agreement unless otherwise specified.
(c) Whenever a term is defined herein, the definition ascribed to such term shall be equally applicable to both the singular and plural forms of such term and to masculine, feminine and neuter genders of such term.
(d) This Agreement is the result of arm's-length negotiations between the parties and has been reviewed by each party hereto and its counsel. Each party agrees that any ambiguity in this Agreement shall not be interpreted against the party drafting the particular clause which is in question.
Certain Constructions. As used in this Agreement, unless expressly stated otherwise, references to:
(i) “include” and “including” mean “include, without limitation” and “including, without limitation”, respectively, (ii) the words “hereof’, “herein” and “hereunder”, and similar words, refer to this Agreement as a whole and not to any particular section, subsection, paragraph or provision of this Agreement and (iii) “or” means “either or both”,
Certain Constructions. 6 Section 1.04 Schedules, Sections....................................... 6 Section 1.05 Survival.................................................. 6
