Separateness from Buyer. The Seller agrees to take or refrain from taking or engaging in with respect to the Buyer each of the actions or activities specified in the “substantive consolidation” opinion of Winston & Xxxxxx (including any certificates of the Seller attached thereto), delivered on the Closing Date, upon which the conclusions therein are based.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (American Capital Strategies LTD), Purchase and Sale Agreement (American Capital Strategies LTD)
Separateness from Buyer. The Seller agrees to take or refrain from taking or engaging in with respect to the Buyer each of the actions or activities specified in the “substantive consolidation” opinion of Winston & Xxxxxx Sxxxxx (including any certificates of the Seller attached thereto), delivered on the Closing Date, upon which the conclusions therein are based.
Appears in 1 contract
Samples: Purchase and Sale Agreement (American Capital Strategies LTD)
Separateness from Buyer. The Seller agrees to take or refrain from taking or engaging in with respect to the Buyer each of the actions or activities specified in the “substantive consolidation” opinion of Winston & Xxxxxx LLP (including any certificates of the Seller attached thereto), delivered on the Closing Date, upon which the conclusions therein are based.
Appears in 1 contract
Samples: Purchase and Sale Agreement (American Capital Strategies LTD)
