Common use of Certain Constructions Clause in Contracts

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-1A, Class ▇-▇▇, ▇▇▇▇▇ ▇▇-▇, Class CS-1, Class A-2, Class A-3, Class A-4, Class A-5, Class A-6, Class B-1 and Class B-1H Certificates. For such purposes, the Class B-1 and Class B-1H Certificates together shall be considered to be one Class and the Class ▇-▇▇, ▇▇▇▇▇ ▇-▇▇, ▇▇▇▇▇ ▇▇-▇ (except in respect of any Reduction Interest Distribution Amounts and Reduction Interest Shortfalls) and Class CS-1 Certificates together shall be considered to be one Class. For purposes of this Agreement, each Class of Certificates other than the Class B-1H, Class V-1, Class V-2, Class LR and Class R Certificates shall be deemed to be outstanding only to the extent its respective Certificate Balance or Notional Balance has not been reduced to zero. For purposes of this Agreement, the Class V-1 and the Class V-2 Certificates shall be deemed to be outstanding so long as there are any Certificates outstanding, the Class B-1H Certificates shall be deemed to be outstanding so long as there are any Certificates outstanding that provide for payments of Prepayment Premiums in connection with voluntary or involuntary prepayments and the Class R and Class LR Certificates shall be deemed to be outstanding so long as the Trust Fund has not been terminated pursuant to Section 9.01.

Certain Constructions. For purposes of this Agreement, references to the most or next most subordinate Class of Certificates or Class PEZ Regular Interests outstanding at any time shall mean the most or next most subordinate Class of Certificates or Class PEZ Regular Interest then outstanding as among the Class A-1A, Class ▇-▇▇, ▇▇▇▇▇ ▇▇-▇, Class CS-1A-1, Class A-2, Class A-3, Class A-4, Class A-5A-AB, Class A-6X-A, Class B-1 X-B, Class X-C, Class A-S, Class B, Class C, Class D, Class E, Class F, Class G and Class B-1H H Certificates and the Class A-S, Class B and Class C Regular Interest; provided, however, that for purposes of determining the most subordinate Class of Certificates. For such purposes, 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 Certificates (other than the Class X and Class R Certificates) outstanding, the Class B-1 A-1, Class A-2, Class A-3, Class A-4, Class A-AB, Class X-A, Class X-B and Class B-1H X-C Certificates together shall will be considered to be one treated as the most subordinate Class and the Class ▇-▇▇, ▇▇▇▇▇ ▇-▇▇, ▇▇▇▇▇ ▇▇-▇ (except in respect of any Reduction Interest Distribution Amounts and Reduction Interest Shortfalls) and Class CS-1 Certificates together shall be considered to be one ClassCertificates. For purposes of this Agreement, each Class of Certificates (other than the Class B-1H, Class V-1, Class V-2, Class LR S and Class R Certificates Certificates) and Class PEZ Regular Interest shall be deemed to be outstanding only to the extent its respective Certificate Balance Principal Amount or Notional Balance Amount has not been reduced to zero. For purposes of this Agreement, the Class V-1 and the Class V-2 Certificates shall be deemed to be outstanding so long as there are any Certificates outstanding, the Class B-1H Certificates shall be deemed to be outstanding so long as there are any Certificates outstanding that provide for payments of Prepayment Premiums in connection with voluntary or involuntary prepayments and the Class R and Class LR Certificates shall be deemed to be outstanding so long as the Trust Fund has REMICs have not been terminated pursuant to Section 9.019.01 of this Agreement.

Certain Constructions. For purposes of this Agreementthe definition of "Special Servicing Fee", Section 3.19, Section 3.12, Section 3.25, Section 3.30 and Section 4.06(d), 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-1A, Class ▇-▇▇, ▇▇▇▇▇ ▇▇-▇, Class CS-1, Class A-2, Class A-3, Class A-4, Class A-5, Class A-6, Class B-1 and Class B-1H Certificates. For such purposes, the Class B-1 and Class B-1H Certificates together shall be considered to be one Class and the Class ▇-▇▇, ▇▇▇▇▇ ▇-▇▇, ▇▇▇▇▇ ▇▇-▇ (except in respect of any Reduction Interest Distribution Amounts and Reduction Interest Shortfalls) Class X, Class B, Class C, Class D, Class E, Class F, Class G, Class H, Class J, Class K and Class CS-1 L Certificates. For such purposes, the Class A-1, Class A-2 and Class X Certificates together collectively shall be considered to be one Class. For purposes of this Agreement, each Class of Certificates other than the Class B-1HQ-l, Class V-1Q-2, Class V-2LR, Class LR MR and Class R Certificates shall be deemed to be outstanding only to the extent its respective Certificate Balance or Notional Balance has not been reduced to zero. For purposes of this Agreement, the Class V-1 and the Q-1, Class V-2 Certificates shall be deemed to be outstanding so long as there are any Certificates outstandingQ-2, the Class B-1H Certificates shall be deemed to be outstanding so long as there are any Certificates outstanding that provide for payments of Prepayment Premiums in connection with voluntary or involuntary prepayments and the R, Class R MR and Class LR Certificates shall be deemed to be outstanding so long as the Trust Fund has not been terminated pursuant to Section 9.019.01 or any other Class of Certificates remains outstanding. For purposes of this Agreement, the Class X Certificates (and each Class X Component) shall be deemed to be outstanding until their Notional Balance (or portion thereof allocable to such Class X Component) has been reduced to zero.

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-1A, Class ▇-▇▇, ▇▇▇▇▇ ▇▇-▇, Class CS-1A-1, Class A-2, Class A-3X, Class A-4B, Class A-5C, Class A-6D, Class B-1 E, Class F, Class G, Class H and Class B-1H J Certificates. For such purposes; 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 Q, Class LR or Class R Certificates), the Class B-1 and Class B-1H A Certificates together shall be considered to be one Class and the Class ▇-▇▇, ▇▇▇▇▇ ▇-▇▇, ▇▇▇▇▇ ▇▇-▇ (except in respect of any Reduction Interest Distribution Amounts and Reduction Interest Shortfalls) and Class CS-1 X Certificates together shall will be considered to be one Classtreated as the most subordinate Class of Certificates. For purposes of this Agreement, each Class of Certificates other than the Class B-1H, Class V-1, Class V-2Q, Class LR and Class R Certificates shall be deemed to be outstanding only to the extent its respective Certificate Balance Principal Amount or Notional Balance Amount has not been reduced to zero; provided, however, that notwithstanding the foregoing, solely for the purpose of distributing Excess Interest in accordance with the terms and priorities set forth in Section 4.01(e), any Class of Certificates entitled to distributions of Excess Interest shall continue to be deemed to be outstanding for so long as the Mortgage Loans with respect to which such Class is entitled to distributions of Excess Interest received therefrom (as set forth in Section 4.01(e)) remain outstanding. For purposes of this Agreement, the Class V-1 and the Class V-2 Q Certificates shall be deemed to be outstanding so long as there are any Certificates outstanding, the Class B-1H Certificates shall be deemed to be outstanding so long as there are any Certificates outstanding that provide for payments of Prepayment Premiums in connection with voluntary or involuntary prepayments and the Class R and Class LR Certificates shall be deemed to be outstanding so long as the Trust Fund has REMICs have not been terminated pursuant to Section 9.01.

Certain Constructions. For purposes of this AgreementSections 3.25 and 3.29, references to the most or next most subordinate Class of Certificates (or Lower-Tier Regular Interests) outstanding at any time shall mean the most or next most subordinate Class of Certificates (or Lower-Tier Regular Interests) then outstanding as among the Class A-1A, Class ▇-▇▇, ▇▇▇▇▇ ▇▇-▇, Class CS-1A-1, Class A-2, Class A-3, Class A-4, Class A-5B, Class A-6C, Class B-1 D, Class E, Class F, Class G, Class H, Class J, Class K, Class L, Class M-1 and Class B-1H CertificatesM-2 Certificates (and the Classes of Related Lower-Tier Regular Interests). For such purposes, the Class B-1 M-1 and Class B-1H M-2 Certificates (and the Classes of Related Lower-Tier Regular Interests) together shall be considered to be one Class and the Class ▇-▇▇A-1, ▇▇▇▇▇ ▇-▇▇Class A-2, ▇▇▇▇▇ ▇▇-▇ (except in respect of any Reduction Interest Distribution Amounts and Reduction Interest Shortfalls) Class A-3 and Class CS-1 A-4 Certificates together (and the Classes of Related Lower-Tier Regular Interests) collectively shall be considered to be one Class. For purposes of this Agreement, (i) each Class of Certificates other than the Class B-1H, Class V-1, Class V-2, Class LR and Class R Sequential Certificates shall be deemed to be outstanding only to the extent its respective Certificate Balance or Notional Balance has not been reduced to zero. For purposes zero (or, in the case of this Agreement, the Class V-1 A-2, Class A-3, Class A-4, Class B, Class C, Class D, Class E, Class F, Class G, Class H, Class J, Class K, Class L, Class M-1 and the Class V-2 Certificates M-2 Certificates, if longer, shall be deemed to be outstanding so long as there are any Certificates outstanding, the Class B-1H Certificates shall be deemed to be outstanding so long as there are any Certificates Notes outstanding that provide for payments the payment of Prepayment Premiums in connection with voluntary or involuntary prepayments and Excess Interest), (ii) the Class R and Class LR Certificates shall be deemed to be outstanding so long as the Trust Fund has not been terminated pursuant to Section 9.019.01 and (iii) the Class X Certificates shall be deemed to be outstanding until the Class X Notional Balance has been reduced to zero.

Certain Constructions. For purposes of this Agreementthe definition of "Special Servicing Fee", Section 3.19, Section 3.12, Section 3.25, Section 3.30 and Section 4.06(d), 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-1A, Class ▇-▇▇, ▇▇▇▇▇ ▇▇-▇, Class CS-1, Class A-2, Class A-3, Class A-4, Class A-5, Class A-6, Class B-1 and Class B-1H Certificates. For such purposes, the Class B-1 and Class B-1H Certificates together shall be considered to be one Class and the Class ▇-▇▇, ▇▇▇▇▇ ▇-▇▇, ▇▇▇▇▇ ▇▇-▇ (except in respect of any Reduction Interest Distribution Amounts and Reduction Interest Shortfalls) Class X, Class B, Class C, Class D, Class E, Class F, Class G, Class H, Class J, Class K, Class L, Class M, Class N and Class CS-1 O Certificates. For such purposes, the Class A-1, Class A-2 and Class X Certificates together collectively shall be considered to be one Class. For purposes of this Agreement, each Class of Certificates other than the Class B-1HQ-1, Class V-1, Class V-2Q-2, Class LR and Class R Certificates shall be deemed to be outstanding only to the extent its respective Certificate Balance or Notional Balance has not been reduced to zero. For purposes of this Agreement, the Class V-1 and Q-1 Certificates but only with respect to their right to receive Default Interest allocable to the Class V-2 Certificates Mortgage Loans, shall be deemed to be outstanding so long as there are any Certificates outstanding, the Class B-1H Certificates shall be deemed to be outstanding so long as there are any Certificates outstanding that provide for payments of Prepayment Premiums in connection with voluntary or involuntary prepayments and the Class R and Class LR Certificates shall be deemed to be outstanding so long as the Trust Fund has not been terminated pursuant to Section 9.019.01 or any other Class of Certificates remains outstanding. For purposes of this Agreement, the Class Q-2 Certificates, but only with respect to their right to receive Excess Interest allocable to the Mortgage Loans, shall be outstanding so long as the Trust Fund has not been terminated pursuant to Section 9.01 or any other Class of Certificates remains outstanding. For purposes of this Agreement, the Class R and Class LR Certificates shall be outstanding so long as the Trust Fund has not been terminated pursuant to Section 9.01 or any other Class of Certificates remains outstanding. For purposes of this Agreement, the Class X Certificates (and each Class X Component) shall be deemed to be outstanding until their Notional Balance (or portion thereof allocable to such Class X Component) has been reduced to zero.

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-1A, Class ▇-▇▇, ▇▇▇▇▇ ▇▇-▇, Class CS-1A-1, Class A-2, Class A-3, Class A-4X, Class A-5B, Class A-6C, Class B-1 D, Class E, Class F, Class G and Class B-1H H Certificates. For such purposes; 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 Q, Class LR or Class R Certificates), the Class B-1 and Class B-1H A Certificates together shall be considered to be one Class and the Class ▇-▇▇, ▇▇▇▇▇ ▇-▇▇, ▇▇▇▇▇ ▇▇-▇ (except in respect of any Reduction Interest Distribution Amounts and Reduction Interest Shortfalls) and Class CS-1 X Certificates together shall will be considered to be one Classtreated as the most subordinate Class of Certificates. For purposes of this Agreement, each Class of Certificates other than the Class B-1H, Class V-1, Class V-2Q, Class LR and Class R Certificates shall be deemed to be outstanding only to the extent its respective Certificate Balance Principal Amount or Notional Balance Amount has not been reduced to zero; provided, however, that notwithstanding the foregoing, solely for the purpose of distributing Deferred Interest in accordance with the terms and priorities set forth in Section 4.01(e), any Class of Certificates entitled to distributions of Deferred Interest shall continue to be deemed to be outstanding for so long as the Mortgage Loans with respect to which such Class is entitled to distributions of Deferred Interest received therefrom (as set forth in Section 4.01(e)) remain outstanding. For purposes of this Agreement, the Class V-1 and the Class V-2 Certificates shall be deemed to be outstanding so long as there are any Certificates outstanding, the Class B-1H Q Certificates shall be deemed to be outstanding so long as there are any Certificates outstanding that provide for payments of Prepayment Premiums in connection with voluntary or involuntary prepayments and the Class R and Class LR Certificates shall be deemed to be outstanding so long as the Trust Fund has REMICs have not been terminated pursuant to Section 9.01.

Certain Constructions. For purposes of this Agreement, references to the most or next most subordinate Class of Certificates or Class PEZ Regular Interests outstanding at any time shall mean the most or next most subordinate Class of Certificates or Class PEZ Regular Interest then outstanding as among the Class A-1A, Class ▇-▇▇, ▇▇▇▇▇ ▇▇-▇, Class CS-1A-1, Class A-2, Class A-3, Class A-4, Class A-5, Class A-6A-AB, Class B-1 X-A, Class X-C, Class A-S, Class B, Class C, Class D, Class E, Class F, Class G and Class B-1H H Certificates and the Class A-S, Class B and Class C Regular Interest; provided, however, that for purposes of determining the most subordinate Class of Certificates. For such purposes, in the event that the Class A-1, Class A-2, Class A-3, Class A-4, Class A-5 and Class A-AB Certificates are the only Classes of Certificates (other than the Class X and Class R Certificates) outstanding, the Class B-1 A-1, Class A-2, Class A-3, Class A-4, Class A-5, Class A-AB, Class X-A and Class B-1H X-C Certificates together shall will be considered to be one treated as the most subordinate Class and the Class ▇-▇▇, ▇▇▇▇▇ ▇-▇▇, ▇▇▇▇▇ ▇▇-▇ (except in respect of any Reduction Interest Distribution Amounts and Reduction Interest Shortfalls) and Class CS-1 Certificates together shall be considered to be one ClassCertificates. For purposes of this Agreement, each Class of Certificates (other than the Class B-1H, Class V-1, Class V-2, Class LR R Certificates) and Class R Certificates PEZ Regular Interest shall be deemed to be outstanding only to the extent its respective Certificate Balance Principal Amount or Notional Balance Amount has not been reduced to zero. For purposes of this Agreement, the Class V-1 and the Class V-2 Certificates shall be deemed to be outstanding so long as there are any Certificates outstanding, the Class B-1H Certificates shall be deemed to be outstanding so long as there are any Certificates outstanding that provide for payments of Prepayment Premiums in connection with voluntary or involuntary prepayments and the Class R and Class LR Certificates shall be deemed to be outstanding so long as the Trust Fund has REMICs have not been terminated pursuant to Section 9.019.01 of this Agreement.