Common use of Determination of Material Adverse Effect Clause in Contracts

Determination of Material Adverse Effect. Any determination of material adverse effect on Investor Certificateholders under the Agreement or this Supplement shall be made without regard to whether funds are then available in the Cash Collateral Account (including without limitation, any determination of whether a representation or warranty made therein or herein is correct or whether either Transferor or the Servicer has duly performed a covenant contained therein or herein).