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 Depositor, as applicable, each of the actions or activities specified in the "substantive nonconsolidation" opinion of Xxxxxxx Xxxx & Xxxxx LLP (or in any related Certificate of CFUSA) delivered on the Closing Date, upon which the conclusions expressed therein are based.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (NCT Funding Co LLC), Pooling and Servicing Agreement (Cit Equipment Collateral 2003-Ef1), Pooling and Servicing Agreement (NCT Funding Co LLC)

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

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Cit Funding Co, LLC)

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

Appears in 1 contract

Samples: Transfer Agreement (NCT Funding Co LLC)

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

Appears in 1 contract

Samples: Transfer Agreement (NCT Funding Co LLC)

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