Common use of Separateness Clause in Contracts

Separateness. CAC will take such actions that are required on its part to be performed to cause (i) Funding to be in compliance, at all relevant times, with Sections 6.01(xviii) and 6.04 of the Sale and Servicing Agreement, and (ii) all factual assumptions set forth in the opinion letters delivered by Skadden, Arps, Slate, Xxxxxxx & Xxxx LLP with respect to certain bankruptcy matters under the Sale and Servicing Agreement to remain true at all relevant times.

Separateness. CAC will take such actions that are required on its part to be performed to cause (i) Funding to be in compliance, at all relevant times, with Sections 6.01(xviii) and 6.04 of the Sale and Servicing Agreement, and (ii) all factual assumptions set forth in the opinion letters delivered by SkaddenXxxxxxx, Arps, Slate, Xxxxxxx & Xxxx LLP with respect to certain bankruptcy matters under the Sale and Servicing Agreement to remain true at all relevant times.

Separateness. CAC will take such actions that are required on its part to be performed to cause (i) Funding to be in compliance, at all relevant times, with Sections 6.01(xviiiSection 5.2(o) and 6.04 of the Sale Loan and Servicing Security Agreement, and (ii) all factual assumptions set forth in the most recent opinion letters delivered by Skadden, Arps, Slate, Xxxxxxx & Xxxx LLP to the Collateral Agent with respect to certain bankruptcy matters under the Sale and Servicing Agreement to remain true at all relevant times.

Separateness. CAC will take such actions that are required on its part to be performed to cause (i) Funding to be in compliance, at all relevant times, with Sections 6.01(xviii) and 6.04 of the Sale and Servicing Agreement, and (ii) all factual assumptions set forth in the opinion letters delivered by Skadden, Arps, Slate, Xxxxxxx Mxxxxxx & Xxxx Fxxx LLP with respect to certain bankruptcy matters under the Sale and Servicing Agreement to remain true at all relevant times.

Separateness. CAC will take such actions that are required on its part to be performed to cause (i) Funding to be in compliance, at all relevant times, with Sections 6.01(xviiiSection 5.2(n) and 6.04 of the Sale Loan and Servicing Security Agreement, and (ii) all factual assumptions set forth in the most recent opinion letters delivered by Skadden, Arps, Slate, Xxxxxxx & Xxxx LLP to the Collateral Agent with respect to certain bankruptcy matters under the Sale and Servicing Agreement to remain true at all relevant times.

Separateness. CAC will take such actions that are required on its part to be performed to cause (i) Funding to be in compliance, at all relevant times, with Sections 6.01(xviii) and 6.04 of the Sale and Servicing Agreement, and (ii) all factual assumptions set forth in the opinion letters delivered by Skadden, Arps, Slate, Xxxxxx Xxxxxxx & Xxxx LLP PLLC with respect to certain bankruptcy matters under the Sale and Servicing Agreement to remain true at all relevant times.

Separateness. CAC will take such actions that are required on its part to be performed to cause (i) Funding to be in compliance, at all relevant times, with Sections 6.01(xviiiSection 5.2(o) and 6.04 of the Sale Loan and Servicing Security Agreement, and (ii) all factual assumptions set forth in the opinion letters delivered by Skadden, Arps, Slate, Xxxxxx Xxxxxxx & Xxxx LLP PLLC on the date hereof with respect to certain bankruptcy matters under the Sale and Servicing Agreement to remain true at all relevant times.

Separateness. CAC will take such actions that are required on its part to be performed to cause (i) Funding to be in compliance, at all relevant times, with Sections 6.01(xviiiSection 5.2(o) and 6.04 of the Sale Loan and Servicing Security Agreement, and (ii) all factual assumptions set forth in the most recent opinion letters delivered by SkaddenXxxxxxx, Arps, Slate, Xxxxxxx & Xxxx LLP to the Collateral Agent with respect to certain bankruptcy matters under the Sale and Servicing Agreement to remain true at all relevant times.

Separateness. CAC will take such actions that are required on its part to be performed to cause (i) Funding to be in compliance, at all relevant times, with Sections 6.01(xviii) and 6.04 of the Sale and Servicing Agreement, and (ii) all factual assumptions set forth in the opinion letters delivered by Skadden, Arps, Slate, Xxxxxxx & Xxxx LLP Dxxxxx Gxxxxxx PLLC with respect to certain bankruptcy matters under the Sale and Servicing Agreement to remain true at all relevant times.

Separateness. CAC will take such actions that are required on its part to be performed to cause (i) Funding to be in compliance, at all relevant times, with Sections 6.01(xviiiSection 5.2(o) and 6.04 of the Sale Loan and Servicing Security Agreement, and (ii) all factual assumptions set forth in the non-consolidation and true sale opinion letters letter(s) delivered by Skadden, Arps, Slate, Xxxxxxx & Xxxx LLP to Fifth Third Bank in connection with respect to certain bankruptcy matters under the Sale and Servicing this Agreement to remain true at all relevant times.

Separateness. CAC will take such actions that are required on its part to be performed to cause (i) Funding to be in compliance, at all relevant times, with Sections 6.01(xviiiSection 5.2(o) and 6.04 of the Sale Loan and Servicing Security Agreement, and (ii) all factual assumptions set forth in the opinion letters delivered by Skadden, Arps, Slate, Xxxxxx Xxxxxxx & Xxxx LLP PLLC on the Initial Funding Date with respect to certain bankruptcy matters under the Sale and Servicing Agreement to remain true at all relevant times.

Separateness. CAC will take such actions that are required on its part to be performed to cause (i) Funding to be in compliance, at all relevant times, with Sections 6.01(xviiiSection 5.2(n) and 6.04 of the Sale Loan and Servicing Security Agreement, and (ii) all factual assumptions set forth in the non-consolidation and true sale 12 opinion letters letter(s) delivered by Skadden, Arps, Slate, Xxxxxxx & Xxxx LLP to Flagstar Bank in connection with respect to certain bankruptcy matters under the Sale and Servicing this Agreement to remain true at all relevant times.. (i)

Separateness. CAC will take such actions that are required on its part to be performed to cause (i) Funding to be in compliance, at all relevant times, with Sections 6.01(xviiiSection 5.2(n) and 6.04 of the Sale Loan and Servicing Security Agreement, and (ii) all factual assumptions set forth in the non-consolidation and true sale opinion letters letter(s) delivered by Skadden, Arps, Slate, Xxxxxxx & Xxxx LLP to Flagstar Bank in connection with respect to certain bankruptcy matters under the Sale and Servicing this Agreement to remain true at all relevant times.

Separateness. CAC will take such actions that are required on its part to be performed to cause (i) Funding to be in compliance, at all relevant times, with Sections 6.01(xviiiSection 5.2(o) and 6.04 of the Sale Loan and Servicing Security Agreement, and (ii) all factual assumptions set forth in the most recent opinion letters delivered by Xxxxxx Xxxxxxx PLLC or Skadden, Arps, Slate, Xxxxxxx & Xxxx LLP to the Collateral Agent with respect to certain bankruptcy matters under the Sale and Servicing Agreement to remain true at all relevant times.

Separateness. CAC will take such actions that are required on its part to be performed to cause (i) Funding to be in compliance, at all relevant times, with Sections 6.01(xviiiSection 5.2(n) and 6.04 of the Sale Loan and Servicing Security Agreement, and (ii) all factual assumptions set forth in the non-consolidation and true sale opinion letters delivered by Skadden, Arps, Slate, Xxxxxxx & Xxxx LLP to the Deal Agent and the Managing Agents in connection with respect to certain bankruptcy matters under the Sale and Servicing this Agreement to remain true at all relevant times.