Delivery of Opinion of Counsel in Connection with Substitutions and Repurchases. (a) Notwithstanding any contrary provision of this Agreement, with respect to any Mortgage Loan that is not in default or as to which default is not imminent, no repurchase or substitution pursuant to Sections 2.02 or 2.03 shall be made unless the Seller delivers to the Trustee an Opinion of Counsel, addressed to the Trustee, to the effect that such repurchase or substitution would not (i) result in the imposition of the tax on "prohibited transactions" of
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Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2005-He2), Pooling and Servicing Agreement (Bear Stearns Asset Backed Certs Series 2003-Ac6)