Common use of Separate Existence Clause in Contracts

Separate Existence. Each of the Seller and WESCO hereby acknowledges that the Purchasers, the Purchaser Agents, the Administrator and the Liquidity Providers are entering into the transactions contemplated by this Agreement and the other Transaction Documents in reliance upon the Seller’s identity as a legal entity separate from WESCO and its Affiliates. Therefore, from and after the date hereof, each of the Seller and WESCO shall take all steps specifically required by this Agreement or reasonably required by the Administrator to continue the Seller’s identity as a separate legal entity and to make it apparent to third Persons that the Seller is an entity with assets and liabilities distinct from those of WESCO and any other Person, and is not a division of WESCO, its Affiliates or any other Person. Without limiting the generality of the foregoing and in addition to and consistent with the other covenants set forth herein, each of the Seller and WESCO shall take such actions as shall be required in order that:

Separate Existence. Each of the Seller and WESCO the Servicer hereby acknowledges that the Purchasers, the Purchaser Agents, Purchasers and the Administrator and the Liquidity Providers are entering into the transactions contemplated by this Agreement and the other Transaction Documents in reliance upon the Seller’s identity as a legal entity separate from WESCO Swift, the Originators and its their respective Affiliates. Therefore, from and after the date hereof, each of the Seller and WESCO the Servicer shall take all steps specifically required by this Agreement or reasonably required by the Administrator or any Purchaser Agent to continue the Seller’s identity as a separate legal entity and to make it apparent to third Persons that the Seller is an entity with assets and liabilities distinct from those of WESCO Swift, any Originator and any other Person, and is not a division of WESCOSwift, its Affiliates any Originator or any other Person. Without limiting the generality of the foregoing and in addition to and consistent with the other covenants set forth herein, each of the Seller and WESCO the Servicer shall take such actions as shall be required in order that:

Separate Existence. Each of the Seller and WESCO Servicer hereby acknowledges and agrees that the Purchasers, the Purchaser Agents, Purchasers and the Administrator and the Liquidity Providers are entering into the transactions contemplated by this Agreement and the other Transaction Documents in reliance upon the Seller’s identity as a legal entity separate from WESCO Feed and its Affiliatesthe other Originators. Therefore, from and after the date hereof, each of the Seller and WESCO LOL shall take all steps specifically required by this Agreement or reasonably required by the Required Purchasers or the Administrator to continue the Seller’s identity as a separate legal entity and to make it apparent to third Persons that the Seller is an entity with assets and liabilities distinct from those of WESCO Feed and the other Originators and any other Person, and is not a division of WESCOFeed, its Affiliates any other Originator or any other Person. Without in any way limiting the generality of the foregoing and in addition to and consistent with the other covenants set forth herein, each of the Seller and WESCO LOL shall take such actions as shall be required in order that:

Separate Existence. Each of the Seller and WESCO CONSOL Energy hereby acknowledges that the Purchasers, the Purchaser Agents, Conduit Purchasers and the Administrator and the Liquidity Providers are entering into the transactions contemplated by this Agreement and the other Transaction Documents in reliance upon the Seller’s identity as a legal entity separate from WESCO CONSOL Energy and its Affiliates. Therefore, from and after the date hereof, each of the Seller and WESCO CONSOL Energy shall take all steps specifically required by this the Agreement or reasonably required by the Administrator to continue the Seller’s identity as a separate legal entity and to make it apparent to third Persons that the Seller is an entity with assets and liabilities distinct from those of WESCO CONSOL Energy and any other Person, and is not a division of WESCOCONSOL Energy, its Affiliates or any other Person. Without limiting the generality of the foregoing and in addition to and consistent with the other covenants set forth herein, each of the Seller and WESCO CONSOL Energy shall take such actions as shall be required in order that:

Separate Existence. Each of the Seller and WESCO hereby acknowledges that the Purchasers, the Purchaser Agents, the Administrator and the Liquidity Providers are entering into the transactions contemplated by this Agreement and the other Transaction Documents in reliance upon the Seller’s 's identity as a legal entity separate from WESCO and its Affiliates. Therefore, from and after the date hereof, each of the Seller and WESCO shall take all steps specifically required by this the Agreement or reasonably required by the Administrator to continue the Seller’s 's identity as a separate legal entity and to make it apparent to third Persons that the Seller is an entity with assets and liabilities distinct from those of WESCO and any other Person, and is not a division of WESCO, its Affiliates or any other Person. Without limiting the generality of the foregoing and in addition to and consistent with the other covenants set forth herein, each of the Seller and WESCO shall take such actions as shall be required in order that:

Separate Existence. Each of the Seller and WESCO Commonwealth hereby acknowledges that the Purchasers, the Purchaser Agents, Issuer and the Administrator and the Liquidity Providers are entering into the transactions contemplated by this Agreement and the other Transaction Documents in reliance upon the Seller’s 's identity as a legal entity separate from WESCO Commonwealth and its Affiliates. Therefore, from and after the date hereof, each of the Seller and WESCO Commonwealth shall take all steps specifically required by this the Agreement or reasonably required by the Administrator to continue the Seller’s 's identity as a separate legal entity and to make it apparent to third Persons that the Seller is an entity with assets and liabilities distinct from those of WESCO Commonwealth and any other Person, and is not a division of WESCOCommonwealth, its Affiliates or any other Person. Without limiting the generality of the foregoing and in addition to and consistent with the other covenants set forth herein, each of the Seller and WESCO Commonwealth shall take such actions as shall be required in order that:

Separate Existence. Each of the Seller and WESCO the Servicer hereby acknowledges that the Purchasers, the Purchaser Agents, Issuer and the Administrator and the Liquidity Providers are entering into the transactions contemplated by this Agreement and the other Transaction Documents in reliance upon the Seller’s 's identity as a legal entity separate from WESCO Eagle Materials, the Originators and its their respective Affiliates. Therefore, from and after the date hereof, each of the Seller and WESCO the Servicer shall take all steps specifically required by this the Agreement or reasonably required by the Administrator to continue the Seller’s 's identity as a separate legal entity and to make it apparent to third Persons that the Seller is an entity with assets and liabilities distinct from those of WESCO Eagle Materials, any Originator and any other Person, and is not a division of WESCOEagle Materials, its Affiliates any Originator or any other Person. Without limiting the generality of the foregoing and in addition to and consistent with the other covenants set forth herein, each of the Seller and WESCO the Servicer shall take such actions as shall be required in order that:

Separate Existence. Each of the Seller and WESCO hereby acknowledges that the Purchasers, the Purchaser Agents, the Administrator and the Liquidity Providers are entering into the transactions contemplated by this Agreement and the other Transaction Documents in reliance upon the Seller’s identity as a legal entity separate from WESCO and its Affiliates. Therefore, from and after the date hereof, each of the Seller and WESCO shall take all steps specifically required by this the Agreement or reasonably required by the Administrator to continue the Seller’s identity as a separate legal entity and to make it apparent to third Persons that the Seller is an entity with assets and liabilities distinct from those of WESCO and any other Person, and is not a division of WESCO, its Affiliates or any other Person. Without limiting the generality of the foregoing and in addition to and consistent with the other covenants set forth herein, each of the Seller and WESCO shall take such actions as shall be required in order that:

Separate Existence. Each of the Seller and WESCO Xxxxxxx hereby acknowledges that the Purchasers, the Purchaser Agents, the Administrator Investors and the Liquidity Providers Agent and the Co-Agent are entering into the transactions contemplated by this Agreement and the other Transaction Documents in reliance upon the Seller’s 's identity as a legal entity separate from WESCO Xxxxxxx and its Affiliates. Therefore, from and after the date hereof, each of the Seller and WESCO Xxxxxxx shall take all steps specifically required by this the Agreement or reasonably required by the Administrator Agent to continue the Seller’s 's identity as a separate legal entity and to make it apparent to third Persons that the Seller is an entity with assets and liabilities distinct from those of WESCO Xxxxxxx and any other Person, and is not a division of WESCOXxxxxxx, its Affiliates or any other Person. Without limiting the generality of the foregoing and in addition to and consistent with the other covenants set forth herein, each of the Seller and WESCO Xxxxxxx shall take such actions as shall be required in order that:

Separate Existence. Each of the Seller and WESCO First Brands hereby acknowledges that the Purchasers, the Purchaser Agents, Issuer and the Administrator and the Liquidity Providers are entering into the transactions contemplated by this Agreement and the other Transaction Documents in reliance upon the Seller’s 's identity as a legal entity separate from WESCO First Brands and its Affiliates. Therefore, from and after the date hereof, each of the Seller and WESCO First Brands shall take all steps specifically required by this the Agreement or reasonably required by the Administrator to continue the Seller’s 's identity as a separate legal entity and to make it apparent to third Persons that the Seller is an entity with assets and liabilities distinct from those of WESCO First Brands and any other Person, and is not a division of WESCOFirst Brands, its Affiliates or any other Person. Without limiting the generality of the foregoing and in addition to and consistent with the other covenants set forth herein, each of the Seller and WESCO First Brands shall take such actions as shall be required in order that:

Separate Existence. Each of the Seller and WESCO Cxxxxxxxx hereby acknowledges that the Purchasers, the Purchaser Agents, Issuer and the Administrator and the Liquidity Providers are entering into the transactions contemplated by this Agreement and the other Transaction Documents in reliance upon the Seller’s 's identity as a legal entity separate from WESCO Cxxxxxxxx and its Affiliates. Therefore, from and after the date hereof, each of the Seller and WESCO Cxxxxxxxx shall take all steps specifically required by this the Agreement or reasonably required by the Administrator to continue the Seller’s 's identity as a separate legal entity and to make it apparent to third Persons that the Seller is an entity with assets and liabilities distinct from those of WESCO Cxxxxxxxx and any other Person, and is not a division of WESCOCxxxxxxxx, its Affiliates or any other Person. Without limiting the generality of the foregoing and in addition to and consistent with the other covenants set forth herein, each of the Seller and WESCO Cxxxxxxxx shall take such actions as shall be required in order that:

Separate Existence. Each of the Seller and WESCO hereby Wernxx xxxeby acknowledges that the Purchasers, the Purchaser Agents, Issuer and the Administrator and the Liquidity Providers are entering into the transactions contemplated by this Agreement and the other Transaction Documents in reliance upon the Seller’s 's identity as a legal entity separate from WESCO and Wernxx xxx its Affiliates. Therefore, from and after the date hereof, each of the Seller and WESCO shall Wernxx xxxll take all steps specifically required by this the Agreement or reasonably required by the Administrator to continue the Seller’s 's identity as a separate legal entity and to make it apparent to third Persons that the Seller is an entity with assets and liabilities distinct from those of WESCO and Wernxx xxx any other Person, and is not a division of WESCOWernxx, its xxs Affiliates or any other Person. Without limiting the generality of the foregoing and in addition to and consistent with the other covenants set forth herein, each of the Seller and WESCO shall Wernxx xxxll take such actions as shall be required in order that:

Separate Existence. Each of the Seller and WESCO Xxxxxxxxx hereby acknowledges that the Purchasers, the Purchaser Agents, Issuer and the Administrator and the Liquidity Providers are entering into the transactions contemplated by this Agreement and the other Transaction Documents in reliance upon the Seller’s identity as a legal entity separate from WESCO Xxxxxxxxx and its Affiliates. Therefore, from and after the date hereof, each of the Seller and WESCO Xxxxxxxxx shall take all steps specifically required by this the Agreement or reasonably required by the Administrator to continue the Seller’s identity as a separate legal entity and to make it apparent to third Persons that the Seller is an entity with assets and liabilities distinct from those of WESCO Xxxxxxxxx and any other Person, and is not a division of WESCOXxxxxxxxx, its Affiliates or any other Person. Without limiting the generality of the foregoing and in addition to and consistent with the other covenants set forth herein, each of the Seller and WESCO Xxxxxxxxx shall take such actions as shall be required in order that:

Separate Existence. Each of the Seller and WESCO Xxxxxxx hereby acknowledges that the Purchasers, the Purchaser Agents, the Administrator Purchasers and the Liquidity Providers Agent and the Co-Agent are entering into the transactions contemplated by this Agreement and the other Transaction Documents in reliance upon the Seller’s 's identity as a legal entity separate from WESCO Xxxxxxx and its Affiliates. Therefore, from and after the date hereof, each of the Seller and WESCO Xxxxxxx shall take all steps specifically required by this the Agreement or reasonably required by the Administrator Agent to continue the Seller’s 's identity as a separate legal entity and to make it apparent to third Persons that the Seller is an entity with assets and liabilities distinct from those of WESCO Xxxxxxx and any other Person, and is not a division of WESCOXxxxxxx, its Affiliates or any other Person. Without limiting the generality of the foregoing and in addition to and consistent with the other covenants set forth herein, each of the Seller and WESCO Xxxxxxx shall take such actions as shall be required in order that:

Separate Existence. Each of the Seller and WESCO CONSOL Energy hereby acknowledges that the Purchasers, the Purchaser Agents, Conduit Purchasers and the Administrator and the Liquidity Providers are entering into the transactions contemplated by this Agreement and the other Transaction Documents in reliance upon the Seller’s 's identity as a legal entity separate from WESCO CONSOL Energy and its Affiliates. Therefore, from and after the date hereof, each of the Seller and WESCO CONSOL Energy shall take all steps specifically required by this the Agreement or reasonably required by the Administrator to continue the Seller’s 's identity as a separate legal entity and to make it apparent to third Persons that the Seller is an entity with assets and liabilities distinct from those of WESCO CONSOL Energy and any other Person, and is not a division of WESCOCONSOL Energy, its Affiliates or any other Person. Without limiting the generality of the foregoing and in addition to and consistent with the other covenants set forth herein, each of the Seller and WESCO CONSOL Energy shall take such actions as shall be required in order that: