Separateness from the Borrower. The Borrower agrees to take or refrain from taking or engaging in with respect to the Originator each of the actions or activities specified in the “substantive consolidation” opinion of Winston & Xxxxxx LLP (including any certificates attached thereto), delivered on the Closing Date, upon which the conclusions therein are based.
Appears in 3 contracts
Samples: Loan Funding and Servicing Agreement (American Capital Strategies LTD), Loan Funding and Servicing Agreement (American Capital, LTD), Loan Funding and Servicing Agreement (American Capital Strategies LTD)
Separateness from the Borrower. The Borrower agrees to take or refrain from taking or engaging in with respect to the Originator each of the actions or activities specified in the “substantive consolidation” opinion of Winston & Xxxxxx Sxxxxx LLP (including any certificates of the Originator attached thereto), delivered on the Closing Date, upon which the conclusions therein are based.
Appears in 1 contract
Samples: Loan Funding and Servicing Agreement (American Capital Strategies LTD)
Separateness from the Borrower. The Borrower agrees to take or refrain from taking or engaging in with respect to the Originator each of the actions or activities specified in the “substantive consolidation” opinion of Winston & Xxxxxx LLP (including any certificates of the Originator attached thereto), delivered on the Closing Date, upon which the conclusions therein are based.
Appears in 1 contract
Samples: Loan Funding and Servicing Agreement (American Capital Strategies LTD)
