Separateness from Trust Depositor. The Originator agrees to take or refrain from taking or engaging in with respect to the Trust Depositor each of the actions or activities specified in the “substantive consolidation” opinion of Winston & Xxxxxx LLP (including any certificates of the Originator attached thereto), delivered on the Closing Date, upon which the conclusions therein are based.
Appears in 7 contracts
Samples: Transfer and Servicing Agreement (American Capital Strategies LTD), Transfer and Servicing Agreement (American Capital Strategies LTD), Acas Transfer Agreement (American Capital Strategies LTD)
Separateness from Trust Depositor. The Originator agrees to take or refrain from taking or engaging in with respect to the Trust Depositor each of the actions or activities specified in the “substantive consolidation” opinion of Winston & Xxxxxx Pxxxxx Bxxxx LLP (including any certificates of the Originator attached thereto), ) delivered on the Closing Date, upon which the conclusions therein are based.
Appears in 6 contracts
Samples: Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc)
Separateness from Trust Depositor. The Originator agrees to take or refrain from taking or engaging in with respect to the Trust Depositor each of the actions or activities specified in the “substantive consolidation” opinion of Winston & Xxxxxx LLP (including any certificates of the Originator attached thereto), delivered on the Closing Date, upon which the conclusions therein are based.
Appears in 4 contracts
Samples: Transfer and Servicing Agreement (American Capital Strategies LTD), Transfer and Servicing Agreement (American Capital Strategies LTD), Acas Transfer Agreement (American Capital Strategies LTD)
Separateness from Trust Depositor. The Originator agrees to take or refrain from taking or engaging in with respect to the Trust Depositor each of the actions or activities specified in the “substantive consolidation” opinion of Winston & Xxxxxx LLP (including any certificates of the Originator attached thereto), delivered on the Closing Date, upon which the conclusions therein are based.
Appears in 3 contracts
Samples: Transfer and Servicing Agreement (American Capital Strategies LTD), Transfer and Servicing Agreement (American Capital Strategies LTD), Transfer and Servicing Agreement (American Capital Strategies LTD)
Separateness from Trust Depositor. The Originator agrees to take or refrain from taking or engaging in with respect to the Trust Depositor Depositor, each of the actions or activities specified in the “substantive consolidation” opinion of Winston & Xxxxxx LLP (including any certificates of the Originator attached thereto), delivered in connection therewith) delivered on the Closing Date, upon which the conclusions therein are based.
Appears in 2 contracts
Samples: Commercial Loan Sale Agreement (NewStar Financial, Inc.), Commercial Loan Sale Agreement (NewStar Financial, Inc.)
Separateness from Trust Depositor. The Originator agrees to take or refrain from taking or engaging in with respect to the Trust Depositor each of the actions or activities specified in the “"substantive consolidation” " opinion of Winston & Xxxxxx LLP (including any certificates of the Originator attached thereto), delivered on the Closing Date, upon which the conclusions therein are based.
Appears in 2 contracts
Samples: Transfer and Servicing Agreement (American Capital Strategies LTD), Acas Transfer Agreement (American Capital Strategies LTD)
Separateness from Trust Depositor. The Originator agrees to take or refrain from taking or engaging in with respect to the Trust Depositor each of the actions or activities specified in the “substantive consolidation” opinion of Winston & Xxxxxx LLP (including any certificates of the Originator attached thereto), delivered in connection therewith) delivered on the Closing Date, upon which the conclusions therein are based.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (NewStar Financial, Inc.), Sale and Servicing Agreement (NewStar Financial, Inc.)
Separateness from Trust Depositor. The Originator agrees to take or refrain from taking or engaging in with respect to the Trust Depositor each of the actions or activities specified in the “substantive consolidation” opinion of Winston Xxxxxx & Xxxxxx Xxxxxxx, LLP (including any certificates of the Originator attached thereto), ) delivered on the Closing Date, upon which the conclusions therein are based.
Appears in 1 contract
Separateness from Trust Depositor. The Each Originator agrees to take or refrain from taking or engaging in with respect to the Trust Depositor Depositor, as applicable, each of the actions or activities specified in the “"substantive consolidation” " opinion of Winston & Xxxxxx LLP (including any certificates of the such Originator attached thereto), ) delivered on the Closing Date, upon which the conclusions therein are based.. ARTICLE FIVE
Appears in 1 contract
Samples: Sale and Servicing Agreement (Heller Funding Corp Ii)
Separateness from Trust Depositor. The Each Originator agrees to take or refrain from taking or engaging in with respect to the Trust Depositor Depositor, as applicable, each of the actions or activities specified in the “"substantive consolidation” " opinion of Winston & Xxxxxx LLP (including any certificates of the such Originator attached thereto), ) delivered on the Closing Date, upon which the conclusions therein are based.
Appears in 1 contract
