Name Change or Relocation. (a) During the term of this Agreement, neither the Servicer nor the Depositor shall change, nor shall the Servicer permit any Financing Originator to change, its state of organization, name, identity or structure without first giving at least 30 days' prior written notice to the Servicer, the Owner Trustee, and the Indenture Trustee. (b) If any change in either the Servicer's, a Financing Originator's or the Depositor's name, identity or structure or other action would make any financing or continuation statement or notice of lien seriously misleading within the meaning of applicable provisions of the UCC or any title statute, the Servicer, no later than four months after the effective date of such change, shall file such amendments as may be required to preserve and protect the Trust's interests in the Trust Assets and the proceeds thereof. In addition, neither any Financing Originator, the Servicer nor the Depositor shall change its state of organization unless it has first taken such action as is necessary to preserve and protect the Trust's interest in the Trust Assets. Promptly after taking any of the foregoing actions (but not later than 20 calendar days), the Servicer shall deliver to the Owner Trustee, the Indenture Trustee and the Rating Agencies an Opinion of Counsel reasonably acceptable to the Owner Trustee, the Indenture Trustee and the Rating Agencies stating that, in the opinion of such counsel, all financing statements or amendments necessary to preserve and protect the interests of the Trust and Indenture Trustee in the Trust Assets have been filed, and reciting the details of such filing.
Appears in 7 contracts
Sources: Pooling and Servicing Agreement (NCT Funding Co LLC), Pooling and Servicing Agreement (CIT Equipment Collateral 2005-Vt1), Pooling and Servicing Agreement (NCT Funding Co LLC)
Name Change or Relocation. (a) During the term of this Agreement, neither the Servicer nor the Depositor shall change, nor shall the Servicer permit any the Financing Originator to change, its state of organization, name, identity or structure without first giving at least 30 days' prior written notice to the Servicer, the Owner Trustee, and the Indenture Trustee.
(b) If any change in either the Servicer's, a the Financing Originator's or the Depositor's name, identity or structure or other action would make any financing or continuation statement or notice of lien seriously misleading within the meaning of applicable provisions of the UCC or any title statute, the Servicer, no later than four months after the effective date of such change, shall file such amendments as may be required to preserve and protect the Trust's interests in the Trust Assets and the proceeds thereof. In addition, neither any the Financing Originator, the Servicer nor the Depositor shall change its state of organization unless it has first taken such action as is necessary to preserve and protect the Trust's interest in the Trust Assets. Promptly after taking any of the foregoing actions (but not later than 20 calendar days), the Servicer shall deliver to the Owner Trustee, the Indenture Trustee and the Rating Agencies an Opinion of Counsel reasonably acceptable to the Owner Trustee, the Indenture Trustee and the Rating Agencies stating that, in the opinion of such counsel, all financing statements or amendments necessary to preserve and protect the interests of the Trust and Indenture Trustee in the Trust Assets have been filed, and reciting the details of such filing.
Appears in 3 contracts
Sources: Pooling and Servicing Agreement (NCT Funding Co LLC), Pooling and Servicing Agreement (Cit Ec Ef 2001-A), Pooling and Servicing Agreement (CIT Equipment Collateral 2004-Ef1)
Name Change or Relocation. (a) During the term of this Agreement, neither the Servicer nor the Depositor shall change, nor shall the Servicer permit any the Financing Originator to change, its state of organization, name, identity or structure without first giving at least 30 days' ’ prior written notice to the Servicer, the Owner Trustee, and the Indenture Trustee.
(b) If any change in either the Servicer's’s, a the Financing Originator's ’s or the Depositor's ’s name, identity or structure or other action would make any financing or continuation statement or notice of lien seriously misleading within the meaning of applicable provisions of the UCC or any title statute, the Servicer, no later than four months after the effective date of such change, shall file such amendments as may be required to preserve and protect the Trust's ’s interests in the Trust Assets and the proceeds thereof. In addition, neither any the Financing Originator, the Servicer nor the Depositor shall change its state of organization unless it has first taken such action as is necessary to preserve and protect the Trust's ’s interest in the Trust Assets. Promptly after taking any of the foregoing actions (but not later than 20 calendar days), the Servicer shall deliver to the Owner Trustee, the Indenture Trustee and the Rating Agencies an Opinion of Counsel reasonably acceptable to the Owner Trustee, the Indenture Trustee and the Rating Agencies stating that, in the opinion of such counsel, all financing statements or amendments necessary to preserve and protect the interests of the Trust and Indenture Trustee in the Trust Assets have been filed, and reciting the details of such filing.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Cit Funding Co, LLC)
Name Change or Relocation. (a) During the term of this Agreement, neither the Servicer nor the Trust Depositor shall change, nor shall the Servicer Trust Depositor permit any Financing Originator Seller to change, its state of organization, name, identity or structure or relocate its chief executive office without first giving at least 30 days' prior written notice to the Servicer, the Owner Trustee, Trustee and the Indenture Trustee.
(b) If any change in either the Servicer's, a Financing OriginatorSeller's or the Trust Depositor's name, identity or structure or other action would make any financing or continuation statement or notice of lien seriously misleading within the meaning of applicable provisions of the UCC or any title statute, the Servicer, no later than four months five days after the effective date of such change, shall file such amendments as may be required to preserve and protect the Trust's interests in the Trust Assets and the proceeds thereof. In addition, neither any Financing OriginatorSeller, the Servicer nor the Trust Depositor shall change its state place of organization business (within the meaning of Article 9 of the UCC), or the locations in which Contract Files are maintained, from the locations specified in Section 11.04 below or the UCC Filing Locations unless it has first taken such action as is advisable or necessary to preserve and protect the Trust's interest in the Trust Assets. Promptly after taking any of the foregoing actions (but not later than 20 calendar days)actions, the Servicer shall deliver to the Owner Trustee, Trustee and the Indenture Trustee and the Rating Agencies an Opinion opinion of Counsel counsel reasonably acceptable to the Owner Trustee, the Indenture Trustee and the Rating Agencies stating that, in the opinion of such counsel, all financing statements or amendments necessary to preserve and protect the interests of the Trust and Indenture Owner Trustee in the Trust Assets Corpus have been filed, and reciting the details of such filing.
Appears in 1 contract