Agreement Not to Petition Sample Clauses

Agreement Not to Petition. Each of the Trustees and the Depositor agrees for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.09, the Property Trustee agrees, for the benefit of Securityholders, that it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees or the Trust may assert. The provisions of this Section 10.09 shall survive the termination of this Trust Agreement.
Agreement Not to Petition. Each party hereto agrees, for the benefit of the holders of the privately or publicly placed indebtedness for borrowed money for the Conduit Lenders, not, prior to the date which is one (1) year and one (1) day after the payment in full of all such indebtedness, to acquiesce, petition or otherwise, directly or indirectly, invoke, or cause any Conduit Lender to invoke, the process of any Governmental Authority for the purpose of (a) commencing or sustaining a case against any Conduit Lender under any federal or state bankruptcy, insolvency or similar law (including the Federal Bankruptcy Code), (b) appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator or other similar official for any Conduit Lender, or any substantial part of its property, or (c) ordering the winding up or liquidation of the affairs of any Conduit Lender.
Agreement Not to Petition. Each of the Trustees and the Depositor agree for the benefit of the Holders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, they shall not file, or join in the filing of, a petition against the Trust under any Bankruptcy Law or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. If the Depositor takes action in violation of this Section 11.9, the Property Trustee agrees, for the benefit of Holders, that at the expense of the Depositor, it shall file an answer with the applicable bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be estopped and precluded therefrom and such other defenses, if any, as counsel for the Property Trustee or the Trust may assert. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument. Delivery of an executed signature page of this Amended and Restated Trust Agreement by facsimile transmission shall be effective as delivery of a manually executed counterpart hereof.
Agreement Not to Petition. Each of the Trustees and the Depositor agree for the benefit of the Holders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, they shall not file, or join in the filing of, a petition against the Trust under any Bankruptcy Law or otherwise join in the commencement of any proceeding against the Trust under any
Agreement Not to Petition. Each of the Trustees and the Depositor agree for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, they
Agreement Not to Petition. Each of the Trustees and the Depositor agree for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, insolvency, reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or
Agreement Not to Petition. Each of the Trustee and the Company agree for the benefit of the Holders that, until at least one year and one day after the Stated Maturity, they shall not file, or join in the filing of, a petition involving the Company under any Bankruptcy Law. If the Company takes action in violation of this Section 12.13, the Trustee agrees, for the benefit of Holders, that at the expense of the Company, it shall file an answer with the applicable bankruptcy court or otherwise properly contest the filing of such petition by the Company or the commencement of such action and raise the defense that the Company has agreed in writing not to take such action and should be estopped and precluded therefrom and such other defenses, if any, as counsel for the Trustee, provided, however, in the event the Company files for bankruptcy, nothing contained herein shall prevent the Trustee from filing proofs of claim in a proceeding against the Company. * * * *
Agreement Not to Petition. Exhibit A Certificate of Trust of Arrow Capital Statutory Trust III Exhibit B Form of Common Securities Certificate Exhibit C Form of Preferred Securities Certificate Exhibit D Junior Subordinated Indenture Exhibit E Form of Transferee Certificate to be Executed by Transferees other than QIBs Exhibit F Form of Transferee Certificate to be Executed by QIBs Exhibit G Form of Officer’s Certificate Schedule A Calculation of LIBOR AMENDED AND RESTATED TRUST AGREEMENT, dated as of December 28, 2004, among (i) Arrow Financial Corporation, a New York corporation (including any successors or permitted assigns, the “Depositor”), (ii) Wilmington Trust Company, a Delaware banking corporation, as property trustee (in such capacity, the “Property Trustee”), (iii) Wilmington Trust Company, a Delaware banking corporation, as Delaware trustee (in such capacity, the “Delaware Trustee”), (iv) Xxxxxx X. Xxx, an individual, Xxxx X. Xxxxxx, an individual, and Xxxxxxx X. Xxxxxxxxx, an individual, each of whose address is c/o Arrow Financial Corporation, 000 Xxxx Xxxxxx, Glens Falls, New York 12801 as administrative trustees (in such capacities, each an “Administrative Trustee” and, collectively, the “Administrative Trustees” and, together with the Property Trustee and the Delaware Trustee, the “Trustees”) and (v) the several Holders, as hereinafter defined.
Agreement Not to Petition. Each of Trustee, the Trust Company, and each Certificate Holder agrees that, until at least 367 days after the Trust has been terminated in accordance with Article VII, it shall not file, or join in the filing of, a petition against Trustee under any bankruptcy, reorganization, arrangement, insolvency, liquidation or other similar law (including the Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceedings against Trustee under any Bankruptcy Law.
Agreement Not to Petition. 55 10.10 Trust Indenture Act; Conflict with Trust Indenture Act........................................55