Common use of Separate Legal Existence Clause in Contracts

Separate Legal Existence. The Trust Depositor shall (a) maintain compliance with the covenants set forth in Sections 1.07 and 1.08 of the Limited Liability Company Agreement of the Trust Depositor, dated as of May 24, 2006, between the Originator, the designated manager and the independent managers party thereto, and (b) to the extent in addition to the covenants referred to in clause (a) of this Section 6.14, take or refrain from taking, as applicable, each of the activities specified in the “substantive consolidation” opinion of Winston & Xxxxxx LLP, delivered on the Closing Date, upon which the conclusions expressed therein are based.

Appears in 1 contract

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

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Separate Legal Existence. The Trust Depositor shall (a) maintain compliance with the covenants set forth in Sections 1.07 and 1.08 of the Limited Liability Company Agreement of the Trust Depositor, dated as of May 2415, 20062007, between the Originator, the designated manager and the independent managers party thereto, and (b) to the extent in addition to the covenants referred to in clause (a) of this Section 6.14, take or refrain from taking, as applicable, each of the activities specified in the “substantive consolidation” opinion of Winston & Xxxxxx LLP, delivered on the Closing Date, upon which the conclusions expressed therein are based.

Appears in 1 contract

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

Separate Legal Existence. The Trust Depositor shall (a) maintain compliance with the covenants set forth in Sections 1.07 and 1.08 of the Limited Liability Company Agreement of the Trust Depositor, dated as of May 24August 5, 20062005, between the Originator, the designated manager and the independent managers party thereto, and (b) to the extent in addition to the covenants referred to in clause (a) of this Section 6.14, take or refrain from taking, as applicable, each of the activities specified in the “substantive consolidation” opinion of Winston & Xxxxxx Dechert LLP, delivered on the Closing Date, upon which the conclusions expressed therein are based.

Appears in 1 contract

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

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Separate Legal Existence. The Trust Depositor shall (a) maintain compliance with the covenants set forth in Sections 1.07 and 1.08 of the Limited Liability Company Agreement of the Trust Depositor, dated as of May 24January 7, 20062010, between the Originator, the designated manager and the independent managers party thereto, and (b) to the extent in addition to the covenants referred to in clause (a) of this Section 6.14, take or refrain from taking, as applicable, each of the activities specified in the “substantive consolidation” opinion of Winston & Xxxxxx Dechert LLP, delivered on the Closing Date, upon which the conclusions expressed therein are based.

Appears in 1 contract

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

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