Common use of Action by the Holder with Respect to Bankruptcy Clause in Contracts

Action by the Holder with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence or consent to a bankruptcy relating to the Trust without the prior approval of the Holder and the delivery to the Owner Trustee by the Holder of a certificate certifying that the Holder reasonably believes that the Trust is insolvent. This paragraph shall survive for one year and one day following termination of this Agreement. So long as the Indenture remains in effect, the Holder shall not have the power to institute, and shall not institute, any bankruptcy with respect to the Trust or direct the Owner Trustee to take such action.

Appears in 26 contracts

Samples: Trust Agreement (Homebanc Corp), Trust Agreement (Homebanc Corp), Trust Agreement (Homebanc Corp)

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