Common use of Changes in Name, Corporate Structure or Location Clause in Contracts

Changes in Name, Corporate Structure or Location. (a) During the term of this Agreement, none of the Originator, the Servicer, the Trust Depositor or the Issuer shall change its name, identity, structure, existence, state of formation or location without first giving at least thirty (30) days' prior written notice to the Owner Trustee, the Indenture Trustee and each Hedge Counterparty. (b) If any change in either the Servicer's, the Originator's or the Trust Depositor's name, identity, structure, existence, state of formation, location or other action would make any financing or continuation statement or notice of ownership interest or Lien relating to any Loan Asset seriously misleading within the meaning of applicable provisions of the UCC or any title statute, the Servicer, no later than five (5) Business Days after the effective date of such change, shall file such amendments as may be required to preserve and protect the Indenture Trustee's security interest in the Loan Assets and the proceeds thereof. Promptly after taking any of the foregoing actions, the Servicer shall deliver to the Owner Trustee and the Indenture Trustee an Opinion of Counsel reasonably acceptable to the Owner Trustee and the Indenture Trustee stating that, in the opinion of such counsel, all financing statements or amendments necessary to preserve and protect the Indenture Trustee's security interest in the Loan Assets have been filed, and reciting the details of such filing.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc)

AutoNDA by SimpleDocs

Changes in Name, Corporate Structure or Location. (a) During the term of this Agreement, none of the Originator, the Servicer, the Trust Depositor or the Issuer shall change its name, identity, structure, existence, state of formation existence or location (as defined in Article 9 of the UCC) without first giving at least thirty (30) 30 days' prior written notice to the Owner Trustee, the Indenture Trustee and each Hedge Swap Counterparty. (b) If any change in either the Servicer's, the Originator's or ’s, the Trust Depositor's ’s or the Issuer’s name, identity, structure, existence, state location (as defined in Article 9 of formation, location the UCC) or other action would make any financing or continuation statement or notice of ownership interest or Lien relating to any Loan Asset seriously misleading within the meaning of applicable provisions of the UCC or any title statuteUCC, the Servicer, no later than five (5) Business Days after the effective date of such change, shall file such amendments as may be required to preserve and protect the Indenture Trustee's ’s security interest in the Loan Assets and the proceeds thereof. Promptly after taking any of the foregoing actions, the Servicer shall deliver to the Owner Trustee and the Indenture Trustee an Opinion of Counsel reasonably acceptable to the Owner Trustee and the Indenture Trustee stating that, in the opinion of such counsel, all financing statements or amendments necessary to preserve and protect the Indenture Trustee's ’s security interest in the Loan Assets have been filed, and reciting the details of such filing.

Appears in 2 contracts

Samples: Transfer and Servicing Agreement (American Capital Strategies LTD), Transfer and Servicing Agreement (American Capital Strategies LTD)

Changes in Name, Corporate Structure or Location. (a) During the term of this Agreement, none of the Originator, the Servicer, the Trust Depositor or the Issuer shall change its name, identity, structureform of organization, existence, state of formation or location without first giving at least thirty (30) 30 days' prior written notice to the Owner Trustee, the Indenture Trustee and each Hedge Counterpartythe other parties hereto. (b) If any change in either the Servicer's’s, the Originator's ’s or the Trust Depositor's ’s name, identity, structureform of organization, existence, state of formation, location or other action would make any financing or continuation statement or notice of ownership interest or Lien relating to any Loan Asset seriously misleading within the meaning of applicable provisions of the UCC or any title statute, the Servicer, no later than five (5) Business Days after the effective date of such change, shall file such amendments as may be required to preserve and protect the Indenture Trustee's ’s security interest in the Loan Assets and the proceeds thereof. Promptly after taking any of the foregoing actions, the Servicer shall deliver to the Owner Trustee and the Indenture Trustee an Opinion of Counsel reasonably acceptable to the Owner Trustee and the Indenture Trustee stating that, in the opinion of such counsel, all financing statements or amendments necessary to preserve and protect the Indenture Trustee's ’s security interest in the Loan Assets have been filed, and reciting the details of such filing.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (NewStar Financial, Inc.), Sale and Servicing Agreement (NewStar Financial, Inc.)

Changes in Name, Corporate Structure or Location. (a) During the term of this Agreement, none of the Originator, the Servicer, the Trust Depositor or the Issuer shall change its name, identity, structure, existence, state of formation or location without first giving at least thirty (30) 30 days' prior written notice to the Owner Trustee, the Indenture Trustee and each Hedge Counterparty. (b) If any change in either the Servicer's’s, the Originator's ’s or the Trust Depositor's ’s name, identity, structure, existence, state of formation, location or other action would make any financing or continuation statement or notice of ownership interest or Lien relating to any Loan Asset seriously misleading within the meaning of applicable provisions of the UCC or any title statute, the Servicer, no later than five (5) Business Days after the effective date of such change, shall file such amendments as may be required to preserve and protect the Indenture Trustee's ’s security interest in the Loan Assets and the proceeds thereof. Promptly after taking any of the foregoing actions, the Servicer shall deliver to the Owner Trustee and the Indenture Trustee an Opinion of Counsel reasonably acceptable to the Owner Trustee and the Indenture Trustee stating that, in the opinion of such counsel, all financing statements or amendments necessary to preserve and protect the Indenture Trustee's ’s security interest in the Loan Assets have been filed, and reciting the details of such filing.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc)

Changes in Name, Corporate Structure or Location. (a) During the term of this Agreement, none of the Originator, the Servicer, the Trust Depositor or the Issuer shall change its name, form of organization, identity, structure, existence, state of formation or location without first giving at least thirty (30) 30 days' prior written notice to the Owner Trustee, the Indenture Trustee and each Hedge Counterparty.S&P. (b) If any change in either the Servicer's’s, the Originator's ’s or the Trust Depositor's ’s name, identity, structure, existence, state of formation, location or other action would make any financing or continuation statement or notice of ownership interest or Lien relating to any Loan Asset seriously misleading within the meaning of applicable provisions of the UCC or any title statute, the Servicer, no later than five (5) Business Days after the effective date of such change, shall file such amendments as may be required to preserve and protect the Indenture Trustee's ’s security interest in the Loan Assets and the proceeds thereof. Promptly after taking any of the foregoing actions, the Servicer shall deliver to the Owner Trustee and the Indenture Trustee an Opinion of Counsel reasonably acceptable to the Owner Trustee and the Indenture Trustee stating that, in the opinion of such counsel, all financing statements or amendments necessary to preserve and protect the Indenture Trustee's ’s security interest in the Loan Assets have been filed, and reciting the details of such filing.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Capitalsource Inc)

Changes in Name, Corporate Structure or Location. (a) During the term of this Agreement, none of the Originator, the Servicer, the Trust Depositor or the Issuer shall change its name, identity, structure, existence, state of formation or location without first giving at least thirty (30) 30 days' prior written notice to the Owner Trustee, the Indenture Trustee and Trustee, each Hedge Counterparty.Counterparty and S&P. (b) If any change in either the Servicer's’s, the Originator's ’s or the Trust Depositor's ’s name, identity, structure, existence, state of formation, location or other action would make any financing or continuation statement or notice of ownership interest or Lien relating to any Loan Asset seriously misleading within the meaning of applicable provisions of the UCC or any title statute, the Servicer, no later than five (5) Business Days after the effective date of such change, shall file such amendments as may be required to preserve and protect the Indenture Trustee's ’s security interest in the Loan Assets and the proceeds thereof. Promptly after taking any of the foregoing actions, the Servicer shall deliver to the Owner Trustee and the Indenture Trustee an Opinion of Counsel reasonably acceptable to the Owner Trustee and the Indenture Trustee stating that, in the opinion of such counsel, all financing statements or amendments necessary to preserve and protect the Indenture Trustee's ’s security interest in the Loan Assets have been filed, and reciting the details of such filing.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Capitalsource Inc)

Changes in Name, Corporate Structure or Location. (a) During the term of this Agreement, none of the Originator, the Servicer, the Trust Depositor or the Issuer shall change its name, identity, structureform of organization, existence, state of formation or location without first giving at least thirty (30) 30 days' prior written notice to the Owner Trustee, the Indenture Trustee Trustee, and each Hedge Counterpartythe other parties hereto. (b) If any change in either the Servicer's’s, the Originator's ’s or the Trust Depositor's ’s name, identity, structureform of organization, existence, state of formation, location or other action would make any financing or continuation statement or notice of ownership interest or Lien relating to any Loan Asset seriously misleading within the meaning of applicable provisions of the UCC or any title statute, the Servicer, no later than five (5) Business Days after the effective date of such change, shall file such amendments as may be required to preserve and protect the Indenture Trustee's ’s security interest in the Loan Assets and the proceeds thereof. Promptly after taking any of the foregoing actions, the Servicer shall deliver to the Owner Trustee and the Indenture Trustee an Opinion of Counsel reasonably acceptable to the Owner Trustee and the Indenture Trustee stating that, in the opinion of such counsel, all financing statements or amendments necessary to preserve and protect the Indenture Trustee's ’s security interest in the Loan Assets have been filed, and reciting the details of such filing.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Ares Capital Corp)

Changes in Name, Corporate Structure or Location. (a) During the term of this Agreement, none of the Originator, the Servicer, the Trust Depositor or the Issuer shall change its name, identity, structure, existence, state of formation existence or location (as defined in Article 9 of the UCC) without first giving at least thirty (30) days' prior written notice to the Owner Trustee, the Indenture Trustee and each Hedge Swap Counterparty. (b) If any change in either the Servicer's’s, the Originator's or ’s, the Trust Depositor's ’s or the Issuer’s name, identity, structure, existence, state location (as defined in Article 9 of formation, location the UCC) or other action would make any financing or continuation statement or notice of ownership interest or Lien relating to any Loan Asset seriously misleading within the meaning of applicable provisions of the UCC or any title statute, the Servicer, no later than five (5) Business Days after the effective date of such change, shall file such amendments as may be required to preserve and protect the Indenture Trustee's ’s security interest in the Loan Assets and the proceeds thereof. Promptly after taking any of the foregoing actions, the Servicer shall deliver to the Owner Trustee and the Indenture Trustee an Opinion of Counsel reasonably acceptable to the Owner Trustee and the Indenture Trustee stating that, in the opinion of such counsel, all financing statements or amendments necessary to preserve and protect the Indenture Trustee's ’s security interest in the Loan Assets have been filed, and reciting the details of such filing.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (American Capital Strategies LTD)

AutoNDA by SimpleDocs

Changes in Name, Corporate Structure or Location. (a) During the term of this Agreement, none of the Originator, the Servicer, the Trust Depositor or the Issuer shall change its name, identity, structureform of organization, existence, state of formation or location without first giving at least thirty (30) 30 days' prior written notice to the Owner Trustee, the Indenture Trustee and each Hedge Counterpartythe other parties hereto. (b) If any change in either the Servicer's’s, the Originator's ’s or the Trust Depositor's ’s name, identity, structureform of organization, existence, state of formation, location or other action would make any financing or continuation statement or notice of ownership interest or Lien relating to any Loan Asset seriously misleading within the meaning of applicable provisions of the UCC or any title statute, the Servicer, no later than five (5) Business Days after the effective date of such change, shall file such amendments as may be required to preserve and protect the Indenture Trustee's ’s security interest in the Loan Assets and the proceeds thereof. Promptly after taking any of the foregoing actions, the Servicer shall deliver to the Owner Trustee and the Indenture Trustee an Opinion of Counsel reasonably acceptable to the Owner Trustee and the Indenture Trustee stating that, in the opinion of such counsel, all financing statements or amendments necessary to preserve and protect the Indenture Trustee's ’s security interest in the Loan Assets have been filed, and reciting the details of such filing.

Appears in 1 contract

Samples: Sale and Servicing Agreement (NewStar Financial, Inc.)

Changes in Name, Corporate Structure or Location. (a) During the term of this Agreement, none of the Originator, the Servicer, the Trust Depositor or the Issuer shall change its name, identity, structure, existence, state of formation or location without first giving at least thirty (30) days' prior written notice to the Owner Trustee, the Indenture Trustee and each Hedge Swap Counterparty. (b) If any change in either the Servicer's, the Originator's or the Trust Depositor's name, identity, structure, existence, state of formation, location or other action would make any financing or continuation statement or notice of ownership interest or Lien relating to any Loan Asset seriously misleading within the meaning of applicable provisions of the UCC or any title statute, the Servicer, no later than five (5) Business Days after the effective date of such change, shall file such amendments as may be required to preserve and protect the Indenture Trustee's security interest in the Loan Assets and the proceeds thereof. Promptly after taking any of the foregoing actions, the Servicer shall deliver to the Owner Trustee and the Indenture Trustee an Opinion of Counsel reasonably acceptable to the Owner Trustee and the Indenture Trustee stating that, in the opinion of such counsel, all financing statements or amendments necessary to preserve and protect the Indenture Trustee's security interest in the Loan Assets have been filed, and reciting the details of such filing.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Capitalsource Inc)

Changes in Name, Corporate Structure or Location. (a) During the term of this Agreement, none of the Originator, the Servicer, the Trust Depositor or the Issuer shall change its name, identity, structure, existence, state of formation or location without first giving at least thirty (30) 30 days' prior written notice to the Owner Trustee, the Indenture Trustee and each Hedge Counterparty. (b) If any change in either the Servicer's’s, the Originator's ’s or the Trust Depositor's ’s name, identity, structure, existence, state of formation, location or other action would make any financing or continuation statement or notice of ownership interest or Lien relating to any Loan Asset seriously misleading within the meaning of applicable provisions of the UCC or any title statute, the Servicer, no later than five (5) Business Days after the effective date of such change, shall file such amendments as may be required to preserve and protect the Indenture Trustee's ’s security interest in the Loan Assets and the proceeds thereof. Promptly after taking any of the foregoing actions, the Servicer shall deliver to the Owner Trustee and the Indenture Trustee an Opinion of Counsel reasonably acceptable to the Owner Trustee and the Indenture Trustee stating that, in the opinion of such counsel, all financing statements or amendments necessary to preserve and protect the Indenture Trustee's ’s security interest in the Loan Assets have been filed, and reciting the details of such filing.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Capitalsource Inc)

Changes in Name, Corporate Structure or Location. (a) During the term of this Agreement, none of the Originator, the Servicer, the Trust Depositor or the Issuer shall change its name, form of organization, identity, structure, existence, state of formation or location without first giving at least thirty (30) 30 days' prior written notice to the Owner Trustee, the Indenture Trustee and Trustee, each Hedge Counterparty.Counterparty and S&P. (b) If any change in either the Servicer's’s, the Originator's ’s or the Trust Depositor's ’s name, identity, structure, existence, state of formation, location or other action would make any financing or continuation statement or notice of ownership interest or Lien relating to any Loan Asset seriously misleading within the meaning of applicable provisions of the UCC or any title statute, the Servicer, no later than five (5) Business Days after the effective date of such change, shall file such amendments as may be required to preserve and protect the Indenture Trustee's ’s security interest in the Loan Assets and the proceeds thereof. Promptly after taking any of the foregoing actions, the Servicer shall deliver to the Owner Trustee and the Indenture Trustee an Opinion of Counsel reasonably acceptable to the Owner Trustee and the Indenture Trustee stating that, in the opinion of such counsel, all financing statements or amendments necessary to preserve and protect the Indenture Trustee's ’s security interest in the Loan Assets have been filed, and reciting the details of such filing.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Capitalsource Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!