Common use of Seller May Own Certificates or Notes Clause in Contracts

Seller May Own Certificates or Notes. The Seller and any Affiliate thereof may in its individual or any other capacity become the owner or pledgee of Certificates or the Notes with the same rights as it would have if it were not the Seller or an Affiliate thereof, except as expressly provided herein or in any other Basic Document. Notwithstanding the foregoing, the Seller will not sell the Certificates except to an entity (a) that has provided an opinion of counsel to the effect that such sale will not cause the Trust to be treated as a "publicly traded partnership" under the Code and (b) that either (i) is not an Affiliate of the Seller or (ii) is an Affiliate of the Seller that (A) is a subsidiary of Credit, the Certificate of Incorporation of which contains restrictions substantially similar to the restrictions contained in the Certificate of Incorporation of the Seller and (B) has provided an opinion of counsel regarding substantive consolidation of such Affiliate with Credit in the event of a bankruptcy filing by Credit which is substantially similar to the opinion of counsel provided by Seller on the Closing Date, and which may be subject to the same assumptions and qualifications as that opinion.

Seller May Own Certificates or Notes. The Seller and any Affiliate thereof may in its individual or any other capacity become the owner or pledgee of Certificates or the Notes with the same rights as it would have if it were not the Seller or an Affiliate thereof, except as expressly provided herein or in any other Basic Document. Notwithstanding the foregoing, the Seller will shall not sell the Certificates except to an entity (a) that has provided an opinion of counsel to the effect that such sale will not cause the Trust to be treated as a "publicly traded partnership" under the Code and (b) that either (i) is not an Affiliate of the Seller or (ii) is an Affiliate of the Seller that (A) is a subsidiary of Case Credit, the Certificate of Incorporation of which contains restrictions substantially similar to the restrictions contained in the Certificate of Incorporation of the Seller and (B) has provided an opinion of counsel regarding substantive consolidation of such Affiliate with Case Credit in the event of a bankruptcy filing by Case Credit which is substantially similar to the opinion of counsel provided by Seller on the Closing Date, and which may be subject to the same assumptions and qualifications as that opinion.