Common use of Separate Entity Clause in Contracts

Separate Entity. Borrower will, (a) take all necessary ---------------- steps to maintain its separate entity and records, (b) will not commingle any assets or business functions with any other Person, (c) maintain separate financial statements, (d) not assume or guarantee the debts, liabilities or obligations of others, (e) hold itself out to the public and creditors as an entity separate from others, (f) not commit any fraud or misuse of the separate entity legal status or any other injustice or unfairness, (g) not maintain its assets in such a manner that it will be costly or difficult to segregate ascertain or identify its individual assets from those of its partners or Affiliates, (h) not take any action that might cause it to become insolvent, (i) not fail to hold appropriate meetings (or act by unanimous written consent) to authorize all appropriate actions, or fail in authorizing such actions, to observe all formalities required by the Wyoming Limited Liability Company Act, or fail to observe all formalities required by its organizational documents, (j) not hold itself out to be responsible for the debts of another Person and (k) not share any common logo with or hold itself out as or be considered as a department or division of its partners, an Affiliate, or any other person or entity.

Separate Entity. The Borrower will, (a) take has taken all necessary ---------------- steps to maintain its the separate entity status and recordsrecords of the Loan Parties, on a consolidated basis, (b) will does not commingle any assets or business functions with any other PersonPerson (other than any Loan Party), (c) maintain maintains separate financial statementsstatements from all other Persons (other than the other Loan Parties), (d) has not assume assumed or guarantee guaranteed the debts, liabilities or obligations of othersothers (other than any Loan Party) and Indebtedness permitted under Section 7.1(j), (e) hold holds itself out to the public and creditors as an entity separate from othersall other Persons (other than the other Loan Parties), (f) has not commit committed any fraud or misuse of the with respect to its separate entity legal status or any other injustice or unfairnessstatus, (g) has not maintain maintained its assets in such a manner that it will be costly or difficult to segregate segregate, ascertain or identify its individual assets from those of its partners or Affiliatesstockholders, (h) has not take taken any action that might would reasonably be expected to cause it to become insolvent, (i) to the extent required under its Organizational Documents or the applicable laws of the State of Delaware has not fail failed to hold appropriate meetings (or act by unanimous written consent) of its board of managers or other applicable governing body to authorize all appropriate applicable actions, or fail (ii) in authorizing such actionsactions failed, to observe all applicable formalities required by the Wyoming Limited Liability Company Actlaws of the State of Delaware, or fail failed to observe all applicable formalities required by its organizational documents, Organizational Documents and (j) has not hold generally held itself out to be responsible for the material debts of another Person and (k) not share other than any common logo with or hold itself out as or be considered as a department or division of its partners, an Affiliate, or any other person or entityLoan Party).

Separate Entity. Except as otherwise expressly permitted by this Agreement, the Borrower will, will and will cause each other member of the Borrower Group to (a) take all necessary ---------------- steps to maintain its separate entity and records, (b) will not commingle any assets or business functions with any other Person, (c) maintain separate financial statements, (d) not assume or guarantee the debts, liabilities or obligations of others, (e) hold itself out to the public and creditors as an entity separate from others, (f) not commit any fraud or misuse of the separate entity legal status or any other injustice or unfairness, (g) not maintain its assets in such a manner that it will be costly or difficult to segregate ascertain or identify its individual assets from those of its partners or Affiliates, (h) not take any action that might cause it to become insolvent, (i) not fail to hold appropriate meetings (or act by unanimous written consent) to authorize all appropriate actions, or fail in authorizing such actions, to observe all formalities required by the Wyoming Limited Liability Company Actlaws of the jurisdiction of its formation, relating to corporations or limited liability companies, as applicable, or fail to observe all formalities required by its organizational documents, (ji) not hold itself out to be responsible for the debts of another Person and (kj) not share any common logo with or hold itself out as or be considered as a department or division of its shareholders, members, partners, a Subsidiary, an Affiliate, or any other person or entityPerson.

Separate Entity. Borrower and its Subsidiaries will, (a) take all necessary ---------------- steps to maintain its separate entity and records, (b) will not commingle any assets or business functions with any other Person, (c) maintain separate financial statements, (d) not assume or guarantee the debts, liabilities or obligations of others, (e) hold itself out to the public and creditors as an entity separate from others, (f) not commit any fraud or misuse of the separate entity legal status or any other injustice or unfairness, (g) not maintain its assets in such a manner that it will be costly or difficult to segregate ascertain or identify its individual assets from those of its partners or Affiliates, (h) not take any action that might cause it to become insolvent, (i) not fail to hold appropriate meetings (or act by unanimous written consent) to authorize all appropriate actions, or fail in authorizing such actions, to observe all formalities required by the Wyoming Limited Liability Company Texas Business Corporation Act, or fail to observe all formalities required by its organizational documents, (j) not hold itself out to be responsible for the debts of another Person and (k) not share any common logo with or hold itself out as or be considered as a department or division of its partners, an Affiliate, or any other person or entity.

Separate Entity. Borrower will, (a) take all necessary ---------------- steps to maintain its separate entity identity and records, (b) will not commingle any assets or business functions with any other Person, (c) maintain separate financial statements, (d) not assume or guarantee the debts, liabilities or obligations of others, (e) hold itself out to the public and creditors as an entity separate from others, (f) not commit any fraud or misuse of the separate entity legal status or any other injustice or unfairness, (g) not maintain its assets in such a manner that it will be costly or difficult to segregate ascertain or identify its individual assets from those of its partners or Affiliates, (h) not take any action that might cause it to become insolvent, (i) not fail to hold appropriate meetings (or act by unanimous written consent) to authorize all appropriate actions, or fail in authorizing such actions, to observe all formalities required by the Wyoming Limited Liability Company Actlaws of the State of Nevada, or fail to observe all formalities required by its organizational documents, (j) not hold itself out to be responsible for the debts of another Person and (k) not share any common logo with or hold itself out as or be considered as a department or division of its partners, an Affiliate, or any other person or entity.