Preservation of Name, etc. The Seller will not change its name, identity, location of chief executive office, jurisdiction of incorporation or corporate structure in any manner that would make ineffective any financing statement, continuation statement, or documents of similar import, filed by the Seller in accordance with Section 2.03 above unless (i) the Seller shall have given the Issuer at least thirty (30) days’ prior written notice thereof (which the Issuer promptly shall forward to the Indenture Trustee and the Requisite Global Majority), (ii) the Seller shall have filed any necessary financing statements or amendments thereof or documents of similar import necessary to continue the effectiveness of any financing statement or document of similar import referred to in Section 2.03 above and (iii) the Seller shall have delivered to the Issuer one or more Opinions of Counsel (which the Issuer promptly shall forward to the Indenture Trustee and the Requisite Global Majority), stating that, after giving effect to such change in name, identity, location of chief executive office, jurisdiction of incorporation or corporate structure: (A) the Seller and the Issuer will not, pursuant to applicable Insolvency Law, be substantively consolidated in the event of any Insolvency Proceeding by, or against, the Seller, (B) under applicable Insolvency Law, the transfers of Transferred Assets made in accordance with the terms of this Agreement will be treated as a “true sale” in the event of any Insolvency Proceeding by, or against, the Seller and (C) either (1) in the opinion of such counsel, all financing statements or other documents of similar import, and amendments thereto have been executed (if applicable) and filed that are necessary fully to perfect the interest of the Issuer in the Transferred Assets, or (2) stating that, in the opinion of such counsel, no such action shall be necessary to perfect such interest; provided that the opinions described in clause (A) and clause (B) shall not be required unless, as a result of the Seller’s change of chief executive office or jurisdiction of incorporation, the Seller’s chief executive office or the Seller’s jurisdiction of location is outside of the United States. The Seller shall observe all formalities necessary to maintain its corporate existence, subject to its rights under Section 4.01(a), and shall maintain all licenses, permits, charters and registration, the suspension of which or the failure to hold which, would reasonably be expecte...
Preservation of Name, etc. The Originator will not change its name, identity or corporate structure in any manner that would, could, or might make any financing statement or continuation statement filed by the Originator in accordance with paragraph (a) above or under any Transaction Document seriously misleading within the meaning of Section 9-402(7) of the UCC, unless it shall have given the Transferors, the Note Insurer, the Depositor, the Collateral Agent and the Indenture Trustee at least 60 days' prior written notice thereof.
Preservation of Name, etc. The Seller will not change its name, identity or corporate structure in any manner that would, could, or might make any financing statement, continuation statement, registration of charges or documents of similar import, filed by the Seller in accordance with, or otherwise required by, this Purchase Agreement invalid, void or otherwise of no force and effect unless (i) the Seller shall have given the Borrower, the Lenders and the Agent at least thirty (30) days' prior written notice thereof and (ii) the Seller shall have filed any necessary financing statements or documents of similar import necessary to continue the effectiveness of any charges, financing statements or documents of similar import referred to in this paragraph (m) or otherwise required pursuant to this Purchase Agreement.
Preservation of Name, etc. The Seller will not change its name, identity, corporate structure or jurisdiction of organization in any manner that would, could, or might make any financing statement or continuation statement filed by the Seller in accordance with this Agreement void or otherwise of no force and effect unless (i) the Seller shall have given the Company, the Administrative Agent and the Indenture Trustee at least 60 days’ prior written notice thereof, (ii) the Seller shall have filed any necessary financing statements necessary to continue the effectiveness of any financing statements referred to in paragraph (b) above or otherwise required pursuant to this Agreement and (iii) the Seller shall have delivered to the Issuer, the Indenture Trustee, the Administrative Agent and each Rating Agency, one or more Opinions of Counsel satisfactory to the Indenture Trustee, stating that after giving effect to such change in name, identity, location of chief executive office, jurisdiction of incorporation or corporate structure, either (x) in the opinion of such counsel, all financing statements, or other documents of similar import, and amendments thereto have been executed and filed that are necessary fully to preserve and protect the interest of the Issuer and the Indenture Trustee in the Transferred Containers, or (y) stating that, in the opinion of such counsel, no such action shall be necessary to preserve and protect such interest.
Preservation of Name, etc. The Seller will not change its name, identity or corporate structure in any manner unless (i) the Seller shall have given the Issuer, the Indenture Trustee, each Series Enhancer, if any, the Administrative Agent and the Noteholders at least 30 days’ prior written notice thereof and (ii) the Seller shall have filed any necessary UCC financing statements necessary to continue the effectiveness of any UCC financing statement referred to in paragraph (c) above.
Preservation of Name, etc. First Sierra will not change its name, identity or corporate structure in any manner that would, could, or might make any financing statement or continuation statement filed by First Sierra in accordance with paragraph (c) above or under any Transaction Document seriously misleading within the meaning of Section 9-402(7) of the UCC, unless it shall have given Company, the Certificate Insurer and the Trustee at least 60 days' prior written notice thereof.
Preservation of Name, etc. ABS will not change its name, identity or corporate structure in any manner that would, could, or might make any financing statement or continuation statement filed by ABS in accordance with paragraph (c) above or the Master Agreement seriously misleading within the meaning of Section 9-402 (7) of the UCC, unless it shall have given the Obligors and the Trustee at least 30 days prior written notice thereof.
Preservation of Name, etc. The Seller will not change its name, ------------------------- identity or corporate structure in any manner that would, could, or might make any financing statement or continuation statement filed by the Seller in accordance with Section 6.05 hereof or the Pooling and Servicing Agreement ------------ seriously misleading within the meaning of (S) 9-402 (7) of the UCC, unless it shall have given the Purchaser, the Controlling Party and the Trustee at least ten (10) days prior written notice thereof and shall have made such filings as are required by Sections 2.01(c) and (d) of the Pooling and Servicing Agreement ------------------------ in connection therewith.
Preservation of Name, etc. It will not change its name, identity or corporate structure in any manner that would, could, or might make any financing statement or continuation statement filed in accordance with Section 4.01 hereof seriously misleading within the meaning of Section 9-402(7) of the UCC, unless it shall have given the Phoenix Finance Subsidiary at least 60 days' prior written notice thereof and shall have made any necessary amendatory filings.
Preservation of Name, etc. Neither of the Transferors will change its name, identity or corporate structure in any manner that would, could, or might make any financing statement or continuation statement filed by such Transferor in accordance with paragraph (a) above or under any Transaction Document seriously misleading within the meaning of Section 9-402(7) of the UCC, unless it shall have given the Issuer, the Note Insurer, the Depositor, the Collateral Agent and the Indenture Trustee at least 60 days' prior written notice thereof.
