Common use of Separate Entity Existence Clause in Contracts

Separate Entity Existence. The Servicer agrees to take or refrain from taking or engaging in with respect to the Trust Depositor, as applicable, each of the actions or activities specified in the “substantive consolidation” opinion of Xxxxx & Xxxxxxx LLP (or in any related Certificate of the Servicer) delivered on the Closing Date, upon which the conclusions expressed therein are based.

Appears in 31 contracts

Samples: Sale and Servicing Agreement (Harley-Davidson Motorcycle Trust 2023-B), Sale and Servicing Agreement (Harley-Davidson Motorcycle Trust 2023-B), Sale and Servicing Agreement (Harley-Davidson Motorcycle Trust 2023-B)

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Separate Entity Existence. The Servicer agrees to take or refrain from taking or engaging in with respect to the Trust Depositor, as applicable, each of the actions or activities specified in the “substantive consolidation” opinion of Xxxxx Winston & Xxxxxxx Xxxxxx LLP (or in any related Certificate of the Servicer) delivered on the Closing Date, upon which the conclusions expressed therein are based.

Appears in 21 contracts

Samples: Sale and Servicing Agreement (Harley-Davidson Motorcycle Trust 2011-2), Sale and Servicing Agreement (Harley-Davidson Motorcycle Trust 2011-2), Sale and Servicing Agreement (Harley-Davidson Motorcycle Trust 2011-1)

Separate Entity Existence. The Servicer agrees to take or refrain from taking or engaging in with respect to the Trust Depositor, as applicable, each of the actions or activities specified in the "substantive consolidation” nonconsolidation" opinion of Xxxxxxx Xxxx & Xxxxx & Xxxxxxx LLP (or in any related Certificate of the ServicerFinancial) delivered on the Closing Date, upon which the conclusions expressed therein are based.

Appears in 10 contracts

Samples: Pooling and Servicing Agreement (Cit Equipment Collateral 2000-1), Pooling and Servicing Agreement (NCT Funding Co LLC), Pooling and Servicing Agreement (Cit Equipment Collateral 2003-Vt1)

Separate Entity Existence. The Servicer agrees to take or refrain from taking or engaging in with respect to the Trust Depositor, as applicable, each of the actions or activities specified in the “substantive consolidation” opinion of Xxxxx Winston & Xxxxxxx Xxxxxx LLP (or in any related Certificate of the Servicer) delivered on the Closing Date, upon which the conclusions expressed therein are based.. ARTICLE SIX THE TRUST DEPOSITOR

Appears in 8 contracts

Samples: Sale and Servicing Agreement (Harley Davidson Customer Funding Corp), Sale and Servicing Agreement (Harley-Davidson Motorcycle Trust 2005-3), Sale and Servicing Agreement (Harley-Davidson Motorcycle Trust 2005-4)

Separate Entity Existence. The Servicer agrees to take or refrain from taking or engaging in with respect to the Trust Depositor, as applicable, each of the actions or activities specified in the "substantive consolidation” nonconsolidation" opinion of Xxxxxxx Xxxx & Xxxxx & Xxxxxxx LLP (or in any related Certificate of the ServicerCFUSA) delivered on the Closing Date, upon which the conclusions expressed therein are based.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (CIT Equipment Collateral 2004-Ef1), Pooling and Servicing Agreement (NCT Funding Co LLC), Pooling and Servicing Agreement (Cit Equipment Collateral 2003-Ef1)

Separate Entity Existence. The Servicer agrees to take or refrain from taking or engaging in with respect to the Trust Depositor, as applicable, each of the actions or activities specified in the “substantive consolidation” opinion of Xxxxx Fxxxx & Xxxxxxx Lxxxxxx LLP (or in any related Certificate of the Servicer) delivered on the Closing Date, upon which the conclusions expressed therein are based.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (Harley-Davidson Motorcycle Trust 2024-A), Sale and Servicing Agreement (Harley-Davidson Motorcycle Trust 2024-A), Sale and Servicing Agreement (Harley-Davidson Motorcycle Trust 2023-A)

Separate Entity Existence. The Servicer agrees to take or refrain from taking or engaging in with respect to the Trust Depositor, as applicable, each of the actions or activities specified in the “substantive "nonsubstantive consolidation" opinion of Xxxxx & Xxxxxxx LLP [ ] (or in any related Certificate of the Servicer[ ]) delivered on the Closing Date, upon which the conclusions expressed therein are based.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Asset Backed Securities Corp), Pooling and Servicing Agreement (Goldman Sachs Asset Backed Securities Corp), Pooling and Servicing Agreement (Ace Securities Corp)

Separate Entity Existence. The Servicer agrees to take or refrain from taking or engaging in with respect to the Trust Depositor, as applicable, each of the actions or activities specified in the “substantive consolidation” opinion of Xxxxx Winston & Xxxxxxx LLP Xxxxxx (or in any related Certificate of the Servicer) delivered on the Closing Date, upon which the conclusions expressed therein are based.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Harley Davidson Customer Funding Corp), Sale and Servicing Agreement (Harley Davidson Customer Funding Corp)

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Separate Entity Existence. The Servicer agrees to take or refrain from taking or engaging in with respect to the Trust Depositor, as applicable, each of the actions or activities specified in the “substantive "nonsubstantive consolidation" opinion of Xxxxxxx Xxxx & Xxxxx & Xxxxxxx LLP (or in any related Certificate of the ServicerCFUSA) delivered on the Closing Date, upon which the conclusions expressed therein are based.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (NCT Funding Co LLC)

Separate Entity Existence. The Servicer agrees to take or refrain from taking or engaging in with respect to the Trust Depositor, as applicable, each of the actions or activities specified in the “substantive consolidation” opinion of Xxxxx Winston & Xxxxxxx Sxxxxx LLP (or in any related Certificate of the Servicer) delivered on the Closing Date, upon which the conclusions expressed therein are based.. ARTICLE SIX THE TRUST DEPOSITOR

Appears in 1 contract

Samples: Sale and Servicing Agreement (Harley-Davidson Motorcycle Trust 2008-1)

Separate Entity Existence. The Servicer agrees to take or refrain from taking or engaging in with respect to the Trust Depositor, as applicable, each of the actions or activities specified in the “substantive consolidation” opinion of Xxxxx Fxxxx & Xxxxxxx Lxxxxxx LLP (or in any related Certificate of the Servicer) delivered on the Closing Date, upon which the conclusions expressed therein are based.. ARTICLE SIX THE TRUST DEPOSITOR

Appears in 1 contract

Samples: Sale and Servicing Agreement (Harley-Davidson Customer Funding Corp.)

Separate Entity Existence. The Servicer agrees to take or refrain from taking or engaging in with respect to the Trust Depositor, as applicable, each of the actions or activities specified in the “substantive consolidationnonconsolidation” opinion of Xxxxxxx Xxxx & Xxxxx & Xxxxxxx LLP (or in any related Certificate of the ServicerCFUSA) delivered on the Closing Date, upon which the conclusions expressed therein are based.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Cit Funding Co, LLC)

Separate Entity Existence. The Servicer agrees to take or refrain from taking or engaging in with respect to the Trust Depositor, as applicable, each of the actions or activities specified in the "substantive consolidation" opinion of Xxxxx Winston & Xxxxxxx Xxxxxx LLP (or in any related Certificate of the Servicer) delivered on the Closing Date, upon which the conclusions expressed therein are based.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Harley Davidson Customer Funding Corp)

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