Common use of Separate Entity Existence Clause in Contracts

Separate Entity Existence. The Servicer agrees to take or refrain from taking or engaging in with respect to the Trust Depositor, as applicable, each of the actions or activities specified in the “substantive consolidation” opinion of ▇▇▇▇▇ & ▇▇▇▇▇▇▇ LLP (or in any related Certificate of the Servicer) delivered on the Closing Date, upon which the conclusions expressed therein are based.

Appears in 31 contracts

Sources: Sale and Servicing Agreement (Harley-Davidson Motorcycle Trust 2023-B), Sale and Servicing Agreement (Harley-Davidson Motorcycle Trust 2023-B), Sale and Servicing Agreement (Harley-Davidson Motorcycle Trust 2023-B)

Separate Entity Existence. The Servicer agrees to take or refrain from taking or engaging in with respect to the Trust Depositor, as applicable, each of the actions or activities specified in the “substantive consolidation” opinion of ▇▇▇▇▇ Winston & ▇▇▇▇▇▇ LLP (or in any related Certificate of the Servicer) delivered on the Closing Date, upon which the conclusions expressed therein are based.

Appears in 21 contracts

Sources: Sale and Servicing Agreement (Harley-Davidson Motorcycle Trust 2011-2), Sale and Servicing Agreement (Harley-Davidson Motorcycle Trust 2011-2), Sale and Servicing Agreement (Harley-Davidson Motorcycle Trust 2011-1)

Separate Entity Existence. The Servicer agrees to take or refrain from taking or engaging in with respect to the Trust Depositor, as applicable, each of the actions or activities specified in the "substantive consolidation” nonconsolidation" opinion of ▇▇▇▇▇▇▇ ▇▇▇▇ & ▇▇▇▇▇▇▇ LLP (or in any related Certificate of the ServicerFinancial) delivered on the Closing Date, upon which the conclusions expressed therein are based.

Appears in 10 contracts

Sources: Pooling and Servicing Agreement (NCT Funding Co LLC), Pooling and Servicing Agreement (CIT Equipment Collateral 2005-Vt1), Pooling and Servicing Agreement (NCT Funding Co LLC)

Separate Entity Existence. The Servicer agrees to take or refrain from taking or engaging in with respect to the Trust Depositor, as applicable, each of the actions or activities specified in the “substantive consolidation” opinion of ▇▇▇▇▇ & ▇▇▇▇▇▇▇ FisherBroyles, LLP (or in any related Certificate of the Servicer) delivered on the Closing Date, upon which the conclusions expressed therein are based.

Appears in 6 contracts

Sources: Sale and Servicing Agreement (Harley Davidson Motorcycle Trust 2025-A), Sale and Servicing Agreement (Harley Davidson Motorcycle Trust 2025-A), Sale and Servicing Agreement (Harley-Davidson Customer Funding Corp.)

Separate Entity Existence. The Servicer agrees to take or refrain from taking or engaging in with respect to the Trust Depositor, as applicable, each of the actions or activities specified in the “substantive "nonsubstantive consolidation" opinion of ▇▇▇▇▇ & ▇▇▇▇▇▇▇ LLP [ ] (or in any related Certificate of the Servicer[ ]) delivered on the Closing Date, upon which the conclusions expressed therein are based.

Appears in 4 contracts

Sources: Pooling and Servicing Agreement (Goldman Sachs Asset Backed Securities Corp), Pooling and Servicing Agreement (Asset Backed Securities Corp), Pooling and Servicing Agreement (Ace Securities Corp)

Separate Entity Existence. The Servicer agrees to take or refrain from taking or engaging in with respect to the Trust Depositor, as applicable, each of the actions or activities specified in the “substantive consolidation” opinion of F▇▇▇▇ & L▇▇▇▇▇▇ LLP (or in any related Certificate of the Servicer) delivered on the Closing Date, upon which the conclusions expressed therein are based.

Appears in 4 contracts

Sources: Sale and Servicing Agreement (Harley-Davidson Motorcycle Trust 2024-A), Sale and Servicing Agreement (Harley-Davidson Motorcycle Trust 2024-A), Sale and Servicing Agreement (Harley-Davidson Motorcycle Trust 2023-A)

Separate Entity Existence. The Servicer agrees to take or refrain from taking or engaging in with respect to the Trust Depositor, as applicable, each of the actions or activities specified in the “substantive consolidation” opinion of F▇▇▇▇ & L▇▇▇▇▇▇ LLP (or in any related Certificate of the Servicer) delivered on the Closing Date, upon which the conclusions expressed therein are based.. ARTICLE SIX THE TRUST DEPOSITOR

Appears in 1 contract

Sources: Sale and Servicing Agreement (Harley-Davidson Customer Funding Corp.)