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 non-consolidation” opinion of Ropes & Xxxx LLP (including any certificates of the Originator attached thereto), delivered on the Closing Date, upon which the conclusions therein are based.
Appears in 2 contracts
Samples: Loan Funding and Servicing Agreement (Kohlberg Capital CORP), Loan Funding and Servicing Agreement (Kohlberg Capital CORP)
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 non-consolidation” opinion of Ropes Xxxxxx & Xxxx Bird LLP (including any certificates of the Originator attached thereto), delivered on the Closing Date, upon which the conclusions therein are based.
Appears in 2 contracts
Samples: Loan Funding and Servicing Agreement (Patriot Capital Funding, Inc.), Loan Funding and Servicing Agreement (Patriot Capital Funding, Inc.)
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 non-consolidation” opinion of Ropes Axxxxx & Xxxx Bird 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 (Patriot Capital Funding, Inc.)
