Common use of Agreement Not to Petition Clause in Contracts

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 of the Trustees and the Depositor agrees 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, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization 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 10.0910.9, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, 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 Trustee or the Trust may assert. The provisions of this Section 10.09 10.9 shall survive the termination of this Trust Agreement.

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 estopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Property Trustee 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 of the Trustees and the Depositor agrees 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, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy CodeCode of 1978, as amended) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor or any of the Trustees takes action in violation of this Section 10.091009, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor (which expense shall be paid prior to the filing), it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor or such Trustee against the Trust or the commencement of such action and raise the defense that the Depositor or such Trustee 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 asserttherefrom. The provisions of this Section 10.09 1009 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each of the Trustees and the Depositor agrees 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, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization 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 10.091009, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor (which expense shall be paid prior to the filing), 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 asserttherefrom. The provisions of this Section 10.09 1009 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each of the Issuer Trustees and the Depositor agrees agree for the benefit of the Securityholders Holders that, until at least one year and one day after the Issuer Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Issuer Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, including the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Issuer Trust under any Bankruptcy Law. In the event If the Depositor takes action in violation of this Section 10.0910.9, the Property Trustee agrees, for the benefit of SecurityholdersHolders, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Issuer 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 Issuer Trustees or the Issuer Trust may assert. The provisions of this Section 10.09 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each of the Trustees and the Depositor agrees 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, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization 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 10.0910.10, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, 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 Trustee or the Trust may assert. The provisions of this Section 10.09 10.10 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each of the Issuer Trustees and the Depositor agrees agree for the benefit of the Securityholders Holders that, until at least one year and one day after the Issuer Trust has been terminated dissolved in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Issuer Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, including the United States Bankruptcy Code) (collectively, "“Bankruptcy Laws"”) or otherwise join in the commencement of any proceeding against the Issuer Trust under any Bankruptcy Law. In the event If the Depositor takes action in violation of this Section 10.0910.9, the Property Trustee agrees, for the benefit of SecurityholdersHolders, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Issuer 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 Issuer Trustee or the Issuer Trust may assert. The provisions of this Section 10.09 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each of the Issuer Trustees and the Depositor agrees agree for the benefit of the Securityholders Holders that, until at least one year and one day after the Issuer Trust has been terminated in accordance with Article IXNine, it they shall not file, or join in the filing of, a petition against the Issuer Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization 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 Issuer Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.0910.9, the Property Trustee agrees, for the benefit of SecurityholdersHolders, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Issuer 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 Issuer Trustees or the Issuer Trust may assert. The provisions of this Section 10.09 10.9 shall survive the termination of this Trust Agreement.

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 Property Trustee 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 of the Issuer Trustees and the Depositor agrees agree for the benefit of the Securityholders Holders that, until at least one year and one day after the Issuer Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Issuer Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, including the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Issuer Trust under any Bankruptcy Law. In the event If the Depositor takes action in violation of this Section 10.0910.9, the Property Trustee agrees, for the benefit of SecurityholdersHolders, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Issuer 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 estopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Issuer Trustee or the Issuer Trust may assert. The provisions of this Section 10.09 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each of the Trustees and the Depositor agrees 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 IXX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization 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 10.0910.10, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, 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 Property Trustee or the Trust may assert. The provisions of this Section 10.09 10.10 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each of the Trustees and the Depositor agrees 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, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization 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 10.0910.9, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, 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 Trustee or the Trust may assert. The provisions of this Section 10.09 10.9 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each of the Trustees and the Depositor agrees 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, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization 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 10.0910.11, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, 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 Trustee or the Trust may assert. The provisions of this Section 10.09 10.11 shall survive the termination of this Trust Agreement.

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 10.0911.09, 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 11.09 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each of the Issuer Trustees and the Depositor agrees agree for the benefit of the Securityholders Holders that, until at least one year and one day after the Issuer Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Issuer Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, including the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Issuer Trust under any Bankruptcy Law. In the event If the Depositor takes action in violation of this Section 10.0910.9, the Property Trustee agrees, for the benefit of SecurityholdersHolders, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Issuer 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 Issuer Trustee or the Issuer Trust may assert. The provisions of this Section 10.09 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each of the Issuer Trustees and the Depositor agrees Sponsor agree for the benefit of the Securityholders Holders that, until at least one year and one day after the Issuer Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Issuer Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, including the United States Bankruptcy Code) (collectively, "“Bankruptcy Laws"”) or otherwise join in the commencement of any proceeding against the Issuer Trust under any Bankruptcy Law. In If the event the Depositor Sponsor takes action in violation of this Section 10.0910.8, the Property Trustee agrees, for the benefit of SecurityholdersHolders, that at the expense of the Sponsor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor Sponsor against the Issuer Trust or the commencement of such action and raise the defense that the Depositor Sponsor has agreed in writing not to take such action and should be stopped estopped and precluded therefrom and such other defenses, if any, as counsel for the Issuer Trustees or the Issuer Trust may assert. The provisions of this Section 10.09 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each of the Trustees and the Depositor agrees 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, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization 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 at the expense of the Depositor (which expense shall be paid prior to the filing), 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 asserttherefrom. The provisions of this Section 10.09 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each of the Trustees and the Depositor agrees 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, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization 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 10.091009, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor (which expense shall be paid prior to the filing), 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 asserttherefrom. The provisions of this Section 10.09 1009 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders Holders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization 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 10.0910.9, the Property Trustee agrees, for the benefit of SecurityholdersHolders, that at the expense of the Depositor, 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 Trustee or the Trust may assert. The provisions of this Section 10.09 10.9 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each of the Trustees and the Depositor agrees 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, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization 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 LawLaws. In the event the Depositor takes action in violation of this Section 10.0910.10, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, 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 estopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Trustee or the Trust may assert. The provisions of this Section 10.09 10.10 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each of the Trustees and the Depositor Sponsor 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 IX9, it shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization 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 Sponsor takes action in violation of this Section 10.0910.9, the Property Trustee agrees, for the benefit of Securityholders, that that, at the expense of the Sponsor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor Sponsor against the Trust or the commencement of such action and raise the defense that the Depositor Sponsor 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 Trustee or the Trust may assert. The provisions of this Section 10.09 10.9 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each of the Trustees and the Depositor agrees 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, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization 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 10.0910.9, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, 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 Property Trustee or the Trust may assert. The provisions of this Section 10.09 10.9 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each of the Trustees and the Depositor agrees 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, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization 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 10.0910.9, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, 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 10.9 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders that, until at least one year and one 1 day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy CodeCode of 1978, as amended) (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 10.0910.9, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor (which expense shall be paid prior to the filing), 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 asserttherefrom. The provisions of this Section 10.09 10.9 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each of the Trustees and the Depositor agrees Sponsor 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, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization 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 Sponsor takes action in violation of this Section 10.0910.9, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Sponsor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor Sponsor against the Trust or the commencement of such action and raise the defense that the Depositor Sponsor 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 Trustee or the Trust may assert. The provisions of this Section 10.09 10.9 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each of the Trustees and the Depositor agrees 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, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization 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 LawLaws. In the event the Depositor takes action in violation of this Section 10.0910.10, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, 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 estopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Trustee or the Trust may assert. The provisions of this Section 10.09 10.10 shall survive the termination of this Trust AgreementDeclaration of Trust.

Agreement Not to Petition. Each of the Issuer Trustees and the Depositor agrees agree for the benefit of the Securityholders Holders that, until at least one year and one day after the Issuer Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Issuer Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, including the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Issuer Trust under any Bankruptcy Law. In the event If the Depositor takes action in violation of this Section 10.0910.10, the Property Trustee agrees, for the benefit of SecurityholdersHolders, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Issuer 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 estopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Property Trustee or the Issuer Trust may assert. The provisions of this Section 10.09 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders Security holders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization 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 10.091009, the Property Trustee agrees, for the benefit of SecurityholdersSecurity holders, that at the expense of the Depositor (which expense shall be paid prior to the filing), 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 asserttherefrom. The provisions of this Section 10.09 1009 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each of the Issuer Trustees and the Depositor agrees agree for the benefit of the Securityholders Holders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization 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 10.0910.9, the Property Trustee agrees, for the benefit of SecurityholdersHolders, that at the expense of the Depositor, 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 Issuer Trustee or the Trust may assert. The provisions of this Section 10.09 10.9 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each of the Trustees and the Depositor agrees 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, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization 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 10.0910.10, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, 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 Property Trustee or the Trust may assert. The provisions of this Section 10.09 10.10 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each of the Trustees and the Depositor agrees 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, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization 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 10.0910.11, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, 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 Trustee or the Trust may assert. The provisions of this Section 10.09 10.11 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each of the Trustees and the Depositor agrees 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, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization 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 10.0910.10, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, 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 Trustee or the Trust may assert. The provisions of this Section 10.09 10.10 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each of the Trustees and the Depositor agrees 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, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization 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 10.0910.10, the Property Trustee agrees, for the benefit of SecurityholdersSecurity holders, that at the expense of the Depositor, 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 Trustee or the Trust may assert. The provisions of this Section 10.09 10.10 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each of the Trustees and the ------------------------- Depositor agrees 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, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization 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 LawLaws. In the event the Depositor takes action in violation of this Section 10.0910.10, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, 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 estopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Trustee or the Trust may assert. The provisions of this Section 10.09 10.10 shall survive the termination of this Trust AgreementDeclaration of Trust.

Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders Holders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, including 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 10.0911.10, the Property Trustee agrees, for the benefit of SecurityholdersHolders, that at the expense of the Depositor, 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 Property Trustee or the Trust may assert. The provisions of this Section 10.09 11.10 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each To the fullest extent permitted by applicable law, each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated dissolved in accordance with Article IX9, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization 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 at the expense of the Depositor, 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 Trustee 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 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 10.0910.08, 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 Property Trustee or the Trust may assert. The provisions of this Section 10.09 10.08 shall survive the termination of this Trust Agreement.

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 IX9, it shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization 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 10.0910.9, the Property Trustee agrees, for the benefit of Securityholders, that that, at the expense of the Depositor, 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 Trustee or the Trust may assert. The provisions of this Section 10.09 10.9 shall survive the termination of this Trust AgreementDeclaration of Trust.

Agreement Not to Petition. Each of the Trustees and the Depositor agrees Sponsor agree for the benefit of the Securityholders Holders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization 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 Sponsor takes action in violation of this Section 10.0911.9, the Property Trustee agrees, for the benefit of SecurityholdersHolders, that at the expense of the Sponsor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor Sponsor against the Trust or the commencement of such action and raise the defense that the Depositor Sponsor 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 Trustee or the Trust may assert. The provisions of this Section 10.09 11.9 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each of the Trustees and the ------------------------- Depositor agrees 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, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy LawsBANKRUPTCY 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 10.09SECTION 10.9, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, 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 Trustee or the Trust may assert. The provisions of this Section 10.09 SECTION 10.9 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each of the Issuer Trustees and the Depositor agrees Sponsor agree for the benefit of the Securityholders Holders that, until at least one year and one day after the Issuer Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Issuer Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, including the United States Bankruptcy Code) (collectively, "“Bankruptcy Laws"”) or otherwise join in the commencement of any proceeding against the Issuer Trust under any Bankruptcy Law. In If the event the Depositor Sponsor takes action in violation of this Section 10.0910.9, the Property Trustee agrees, for the benefit of SecurityholdersHolders, that at the expense of the Sponsor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor Sponsor against the Issuer Trust or the commencement of such action and raise the defense that the Depositor Sponsor has agreed in writing not to take such action and should be stopped estopped and precluded therefrom and such other defenses, if any, as counsel for the Issuer Trustees or the Issuer Trust may assert. The provisions of this Section 10.09 10.9 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each of the Issuer Trustees and the Depositor agrees agree for the benefit of the Securityholders Holders that, until at least one year and one day after the Issuer Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Issuer Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, including the United States Bankruptcy Code) (collectively, "“Bankruptcy Laws"”) or otherwise join in the commencement of any proceeding against the Issuer Trust under any Bankruptcy Law. In the event If the Depositor takes action in violation of this Section 10.0910.9, the Property Trustee agrees, for the benefit of SecurityholdersHolders, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Issuer 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 Issuer Trustees or the Issuer Trust may assert. The provisions of this Section 10.09 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each of the Issuer Trustees and the Depositor agrees agree for the benefit of the Securityholders Holders that, until at least one year and one day after the Issuer Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Issuer Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, including the United States Bankruptcy Code) (collectively, "“Bankruptcy Laws"”) or otherwise join in the commencement of any proceeding against the Issuer Trust under any Bankruptcy Law. In the event If the Depositor takes action in violation of this Section 10.0910.10, the Property Trustee agrees, for the benefit of SecurityholdersHolders, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Issuer 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 estopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Property Trustee or the Issuer Trust may assert. The provisions of this Section 10.09 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each of the Trustees and the Depositor agrees 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, it they 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 Federal 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 at the expense of the Depositor 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 there from and such other defenses, if any, as counsel for the Trustees Property Trustee 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 of the Trustees and the Depositor agrees agree for the benefit of the Securityholders that, until at least one year and one 1 day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy CodeCode of 1978, as amended) (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 10.091009, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor (which expense shall be paid prior to the filing), 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 estopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees or the Trust may asserttherefrom. The provisions of this Section 10.09 1009 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each of the Trustees and the Depositor agrees 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 IX9, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization 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 10.0910.9, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, 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 Trustee or the Trust may assert. The provisions of this Section 10.09 10.9 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each of the Trustees and the Depositor agrees 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, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, including 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 10.0910.10, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, 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 Property Trustee or the Trust may assert. The provisions of this Section 10.09 10.10 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each of the Trustees and the Depositor agrees 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, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization 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 10.0910.11, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, 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 Trustee or the Trust may assert. The provisions of this Section 10.09 10.11 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each of the Trustees and the Depositor agrees 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 IXSection 9, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization 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 10.0910.9, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor (which expense shall be paid prior to the filing), 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 asserttherefrom. The provisions of this Section 10.09 10.9 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each of the Trustees and the Depositor agrees 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, it they 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 10.0910.10, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, 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 Property Trustee or -55- 61 the Trust may assert. The provisions of this Section 10.09 10.10 shall survive the termination of this Trust Agreement.

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.. 42

Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders Holders that, until at least one year and one day after the Trust has been terminated dissolved in accordance with Article IX9, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, including 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 If the Depositor takes action in violation of this Section 10.0910.9, the Property Trustee agrees, for the benefit of SecurityholdersHolders, that at the expense of the Depositor, 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 Trustee 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 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.. Section 10.10

Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders Holders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization 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 10.0910.9, the Property Trustee agrees, for the benefit of SecurityholdersHolders, that at the expense of the Depositor, 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 Trustee or the Trust may assert. The provisions of this Section 10.09 10.9 shall survive the termination of this Trust AgreementDeclaration.

Agreement Not to Petition. Each of the Trustees and the Depositor agrees 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, it they 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 10.0910.08, the Property Trustee agrees, for the benefit of Securityholders, that it shall that, at the expense of Depositor, the Property Trustee will 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 estopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Trustee or the Trust may assert. The provisions of this Section 10.09 10.08 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each of the Trustees and the Depositor agrees 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, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization 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 LawLaws. In the event the Depositor takes action in violation of this Section 10.0910.10, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, 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 estopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Trustee or the Trust may assert. The provisions of this Section 10.09 shall survive the termination of this Trust Agreement.this

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 estopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Property Trustee 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 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 dissolved in accordance with Article IX9, it shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization 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 10.0910.9, the Property Trustee agrees, for the benefit of Securityholders, that that, at the expense of the Depositor, 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 Trustee or the Trust may assert. The provisions of this Section 10.09 10.9 shall survive the termination dissolution of this Trust Agreement.

Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders Holders that, until at least one year and one 1 day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy CodeCode of 1978, as amended) (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 10.0910.9, the Property Trustee agrees, for the benefit of SecurityholdersHolders, that at the expense of the Depositor (which expense shall be paid prior to the filing), 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 asserttherefrom. The provisions of this Section 10.09 10.9 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each of the Trustees and the Depositor agrees 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 IXX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization 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 10.0910.10, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, 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 Property Trustee or the Trust may assert. The provisions of this Section 10.09 10.10 shall survive the termination of this Trust Agreement.

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 10.0911.09, 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 11.09 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each of the Trustees and the Depositor agrees 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, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization 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 10.0911.10, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, 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 Property Trustee or the Trust may assert. The provisions of this Section 10.09 11.10 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each of the Trustees and the Depositor agrees 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 IXVI, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization 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 10.097.10, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, 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 Property Trustee or the Trust may assert. The provisions of this Section 10.09 7.10 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each of the Trustees and the Depositor agrees 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 IX9, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization 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 10.09Section, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor (which expense shall be paid prior to the filing), 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 asserttherefrom. The provisions of this Section 10.09 shall survive the termination of this Trust Agreement.

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 they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy CodeCode of 1978, as amended) (collectively, "“Bankruptcy Laws"”) or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor or any of the Trustees takes action in violation of this Section 10.091009, the Property Trustee agrees, for the benefit of the Securityholders, that at the expense of the Depositor (which expense shall be paid prior to the filing), it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor or such Trustee against the Trust or the commencement of such action and raise the defense that the Depositor or such Trustee 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 asserttherefrom. The provisions of this Section 10.09 1009 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each one of the Trustees and the Depositor agrees 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, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding proceedings against the Trust under any Bankruptcy Lawlaw. In the event the Depositor takes action in violation of this Section 10.0910.9, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, 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 Trustee or the Trust may assert. The provisions of this Section 10.09 10.9 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each of the Trustees and the Depositor agrees 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, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization 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 10.0910.9, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, 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 Property Trustee or the Trust may assert. The provisions of this Section 10.09 10.9 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders Holders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy 57 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 10.0910.9, the Property Trustee agrees, for the benefit of SecurityholdersHolders, that at the expense of the Depositor, 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 Trustee or the Trust may assert. The provisions of this Section 10.09 10.9 shall survive the termination of this Trust Agreement.

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 dissolved in accordance with Article IX9, it shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization 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 10.0910.9, the Property Trustee agrees, for the benefit of Securityholders, that that, at the expense of the Depositor, 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 Trustee or the Trust may assert. The provisions of this Section 10.09 10.9 shall survive the dissolution of the Trust and the termination of this Trust Agreement.

Agreement Not to Petition. Each of the Trustees and ------------------------- the Depositor agrees 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, it they 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 Federal 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 10.0910.08, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor 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 Property Trustee or the Trust may assert. The provisions of this Section 10.09 10.08 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each of the Trustees and the Depositor agrees 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, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization 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 10.0910.9, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, 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 estopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Trustee or the Trust may assert. The provisions of this Section 10.09 10.9 shall survive the termination of this Trust AgreementDeclaration of Trust. SECTION 10.11.

Agreement Not to Petition. Each of the Trustees and the Depositor agrees 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 IX9, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization 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 at the expense of the Depositor, 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 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 they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy CodeCode of 1978, as amended) (collectively, "“Bankruptcy Laws"”) or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor or any of the Trustees takes action in violation of this Section 10.0911.09, the Property Trustee agrees, for the benefit of the Securityholders, that at the expense of the Depositor (which expense shall be paid prior to the filing), it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor or such Trustee against the Trust or the commencement of such action and raise the defense that the Depositor or such Trustee 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 asserttherefrom. The provisions of this Section 10.09 11.09 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each of the Trustees and the Depositor agrees 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, it they 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 10.0910.10, the Property Trustee agrees, for the benefit of Securityholders, that it shall that, at the expense of Depositor, the Property Trustee will 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 estopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Trustee or the Trust may assert. The provisions of this Section 10.09 10.10 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each of the Trustees and the Depositor agrees 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, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization 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 10.0910.9, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, 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 estopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Trustee or the Trust may assert. The provisions of this Section 10.09 10.9 shall survive the termination of this Trust Agreement.

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 dissolved in accordance with Article IX9, it shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization 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 10.0910.9, the Property Trustee agrees, for the benefit of Securityholders, that that, at the expense of the Depositor, 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 estopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Trustee or the Trust may assert. The provisions of this Section 10.09 10.9 shall survive the termination dissolution of this Trust Agreement.

Agreement Not to Petition. Each of the Administrators, Trustees and the Depositor agrees agree for the benefit of the Securityholders Holders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) 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 10.0910.9, the Property Trustee agrees, for the benefit of SecurityholdersHolders, that at the expense of the Depositor, 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 estopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Trustee or the Trust may assert. The provisions provision of this Section 10.09 10.9 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each of the Trustees and the Depositor agrees 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, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy CodeCode of 1978, as amended) (collectively, "“Bankruptcy Laws"”) or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor or any of the Trustees takes action in violation of this Section 10.09, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor (which expense shall be paid prior to the filing), it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor or such Trustee against the Trust or the commencement of such action and raise the defense that the Depositor or such Trustee 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 asserttherefrom. The provisions of this Section 10.09 shall survive the termination of this Trust Agreement.. 50