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, they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, insolvency, reorganization or other similar law (including, without limitation, the United States Bankruptcy Code 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 1009, 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. The provisions of this Section 1009 shall survive the termination of this Trust Agreement.
Appears in 12 contracts
Samples: Trust Agreement (S Y Bancorp Inc), Trust Agreement (Great Southern Capital Trust I), Trust Agreement (Mb Financial Inc /Md)
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 dissolved in accordance with Article IX, they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, insolvency, reorganization or other similar law (including, without limitation, the United States Bankruptcy Code 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 1009, 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 estopped and precluded therefrom. The provisions of this Section 1009 shall survive the termination of this Trust Agreement.
Appears in 12 contracts
Samples: Trust Agreement (Carolina Bank Holdings Inc), Trust Agreement (Southern Community Capital Trust I), Trust Agreement (Apab Capital Trust I)
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 dissolved in accordance with Article IX, they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, insolvency, reorganization or other similar law (including, without limitation, the United States Bankruptcy Code of 1978, as amendedCode) (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 100910.9, 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)Depositor, 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 therefromtherefrom and such other defenses, if any, as counsel for the Trustee or the Trust may assert. The provisions of this Section 1009 10.9 shall survive the termination of this Trust Agreement.
Appears in 10 contracts
Samples: Trust Agreement (MRH Capital Trust I), Trust Agreement (Renaissancere Holdings LTD), Agreement (Trenwick America Capital Trust Iii)
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, they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, insolvency, reorganization or other similar law (including, without limitation, the United States Bankruptcy Code of 1978, as amendedCode) (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 100910.9, 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)Depositor, it shall (promptly after receipt of written notice of the taking of such action) 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 therefromtherefrom and such other defenses, if any, as counsel for the Trustee or the Trust may assert. The provisions of this Section 1009 10.9 shall survive the termination of this Trust Agreement.
Appears in 9 contracts
Samples: Trust Agreement (Chubb Capital Trust Iii), Trust Agreement (Chubb Capital Trust Iii), Trust Agreement (Hartford Financial Services Group Inc/De)
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, they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, insolvency, reorganization or other similar law (including, without limitation, the United States Bankruptcy Code 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 1009, 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. The provisions of this Section 1009 shall survive the termination of this Trust Agreement.
Appears in 9 contracts
Samples: Trust Agreement (Southwest Bancorp Inc), Trust Agreement (First Banks Inc), Trust Agreement (1st Source Capital Trust Ii)
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, they it shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, insolvency, reorganization or other similar law (including, without limitation, the United States Bankruptcy Code of 1978, as amendedCode) (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 100910.9, the Property Trustee agrees, for the benefit of the Securityholders, that that, at the expense of the Depositor (which expense shall be paid prior to the filing)Depositor, 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 therefromtherefrom and such other defenses, if any, as counsel for the Trustee or the Trust may assert. The provisions of this Section 1009 10.9 shall survive the termination dissolution of this Trust Agreement.
Appears in 7 contracts
Samples: Trust Agreement (Newfield Financial Trust Ii), Trust Agreement (Newell Financial Trust I), Agreement and Plan of Merger (Capital Senior Living Corp)
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, they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, reorganization liquidation or other similar law (including, without limitation, the United States Bankruptcy Code of 1978, as amendedCode) (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 100910.09, 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)Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor or such Trustee any of the Trustees, as applicable, 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 therefromtherefrom and such other defenses, if any, as counsel for the Property Trustee or the Trust may assert. The provisions of this Section 1009 10.09 shall survive the termination of this Trust Agreement.
Appears in 4 contracts
Samples: Agreement (Usf&g Corp), Agreement (Usf&g Corp), Trust Agreement (Usf&g Corp)
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 dissolved in accordance with Article IX, they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, insolvency, reorganization or other similar law (including, without limitation, the United States Bankruptcy Code of 1978, as amendedCode) (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 100910.9, 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)Depositor, 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 therefromtherefrom and such other defenses, if any, as counsel for the Trustee or the Trust may assert. The provisions of this Section 1009 10.9 shall survive the termination of this Trust Agreement.
Appears in 4 contracts
Samples: Trust Agreement (Partnerre LTD), Assignment and Assumption Agreement (Partnerre LTD), Trust Agreement (Partnerre LTD)
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 1 day after the Trust has been terminated in accordance with Article IX, they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, insolvency, reorganization or other similar law (including, without limitation, the United States Bankruptcy Code 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 1009, 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. The provisions of this Section 1009 shall survive the termination of this Trust Agreement.
Appears in 4 contracts
Samples: Trust Agreement (Abington Bancorp Capital Trust), Trust Agreement (Century Bancorp Capital Trust), Trust Agreement (Century Bancorp Capital Trust)
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, they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, insolvency, reorganization or other similar law (including, without limitation, the United States Bankruptcy Code of 1978, as amendedCode) (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 100910.9, 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)Depositor, 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 therefromtherefrom and such other defenses, if any, as counsel for the Trustee or the Trust may assert. The provisions of this Section 1009 10.9 shall survive the termination of this Trust Agreement.
Appears in 3 contracts
Samples: Trust Agreement (Wec Capital Trust Ii), Trust Agreement (Wisconsin Energy Corp), Trust Agreement (Applied Power Capital Trust Ii)
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, they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, insolvency, ,reorganization or other similar law (including, without limitation, the United States Bankruptcy Code of 1978, as amendedCode) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the .Xx xxx event the Depositor or any of the Trustees takes action in violation of this Section 100910.9, 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)Depositor, 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 therefromtherefrom and such other defenses, if any, as counsel for the Trustee or the Trust may assert. The provisions of this Section 1009 10.9 shall survive the termination of this Trust Agreement.
Appears in 3 contracts
Samples: Trust Agreement and Agreement (Lincoln National Capital Vi), Expenses and Liabilities (Lincoln National Capital Vi), Expenses and Liabilities (Lincoln National Capital Vi)
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, they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, insolvency, reorganization or other similar law (including, without limitation, the United States Bankruptcy Code of 1978, as amendedCode) (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 1009, 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)Depositor, 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 therefromtherefrom and such other defenses, if any, as counsel for the Trustee or the Trust may assert. The provisions of this Section 1009 shall survive the termination of this Trust Agreement.
Appears in 3 contracts
Samples: Trust Agreement (Hartford Capital Ii /De/), Trust Agreement (Nevada Power Co), Trust Agreement (Nevada Power Co)
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, they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, insolvency, insolvency reorganization or other similar law (including, without limitation, the United States Bankruptcy Code of 1978, as amendedCode) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the 82 -76- event the Depositor or any of the Trustees takes action in violation of this Section 100910.9, 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)Depositor, 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 therefromtherefrom and such other defenses, if any, as counsel for the Trustee or the Trust may assert. The provisions of this Section 1009 10.9 shall survive the termination of this Trust Agreement.
Appears in 3 contracts
Samples: Trust Agreement (Atlas Air Capital Iii), Trust Agreement (Atlas Air Capital Iii), Trust Agreement (Atlas Air Capital Iii)
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, they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, insolvency, reorganization or other similar law (including, without limitation, the United States Bankruptcy Code 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 100910.9, 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 estopped and precluded therefrom. The provisions of this Section 1009 10.9 shall survive the termination of this Trust Agreement.
Appears in 3 contracts
Samples: Trust Agreement (Enterprise Financial Services Corp), Trust Agreement (Florida Banks Inc), Trust Agreement (United Bancorporation of Alabama Inc)
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, they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, insolvency, reorganization or other similar law (including, without limitation, the United States Bankruptcy Code 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 100910.9, 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. The provisions of this Section 1009 10.9 shall survive the termination of this Trust Agreement.
Appears in 3 contracts
Samples: Trust Agreement (First Merchants Corp), Trust Agreement (First Merchants Corp), Trust Agreement (First Merchants Capital Trust I)
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, they it shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, insolvency, reorganization or other similar law (including, without limitation, the United States Bankruptcy Code of 1978, as amendedCode) (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 100910.9, the Property Trustee agrees, for the benefit of the Securityholders, that that, at the expense of the Depositor (which expense shall be paid prior to the filing)Depositor, 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 therefromtherefrom and such other defenses, if any, as counsel for the Trustee or the Trust may assert. The provisions of this Section 1009 10.9 shall survive the termination of this Trust Agreement.
Appears in 3 contracts
Samples: Trust Agreement (Big Flower Holdings Inc), Trust Agreement (Host Marriott Corp/), Trust Agreement (Host Marriott Corp/Md)
Agreement Not to Petition. Each To the fullest extent permitted by applicable law, 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, they shall not file, or join in the filing of, a petition against the Issuer Trust under any bankruptcy, insolvency, reorganization or other similar law (including, without limitation, the United States Bankruptcy Code of 1978, as amendedCode) (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 or any of the Trustees takes action in violation of this Section 100910.9, the Property Trustee agrees, for the benefit of the SecurityholdersHolders, that at the expense of the Depositor (which expense shall be paid prior to the filing)Depositor, 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 Issuer 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 therefromtherefrom and such other defenses, if any, as counsel for the Issuer Trustees or the Issuer Trust may assert. The provisions of this Section 1009 10.9 shall survive the termination of this Trust Agreement.
Appears in 2 contracts
Samples: Trust Agreement (Citizens Funding Trust II), Trust Agreement (Comerica Capital Trust Ii)
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, they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, insolvency, reorganization or other similar law (including, without limitation, the United States Bankruptcy Code 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 100910.9, 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 estopped and precluded therefrom. The provisions of this Section 1009 10.9 shall survive the termination of this Trust Agreement.
Appears in 2 contracts
Samples: Trust Agreement (San Rafael Bancorp), Trust Agreement (Alabama National Bancorporation)
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 dissolved in accordance with Article IX, they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, insolvency, reorganization or other similar law (including, without limitation, the United States Bankruptcy Code of 1978, as amendedCode) (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 100910.9, 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)Depositor, 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 therefromtherefrom and such other defenses, if any, as counsel for the Trustee or the Trust may assert. The provisions of this Section 1009 10.9 shall survive the termination of this Trust Agreement.
Appears in 2 contracts
Samples: Trust Agreement (Assured Guaranty Capital Trust I), Trust Agreement (Ace LTD)
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, they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, insolvency, reorganization or other similar law (including, without limitation, including the United States Bankruptcy Code 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 100910.9, 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. The provisions of this Section 1009 10.9 shall survive the termination of this Trust Agreement.
Appears in 2 contracts
Samples: Trust Agreement (Abc Bancorp Capital Trust I), Trust Agreement (Abc Bancorp Capital Trust I)
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, they it shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, reorganization liquidation or other similar law (including, without limitation, the United States Bankruptcy Code of 1978, as amendedCode) (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 100910.09, the Property Trustee agrees, for the benefit of the Securityholders, that Securityholders and at the expense of the Depositor (Depositor, which expense shall be paid prior to the filing)filing an answer, that 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 therefromtherefrom and such other defenses, if any, as counsel for the Property Trustee or the Trust may assert. The provisions of this Section 1009 10.09 shall survive the termination of this Trust Agreement.
Appears in 2 contracts
Samples: Trust Agreement (Entergy Gulf States Inc), Trust Agreement (Entergy Gulf States Capital I)
Agreement Not to Petition. Each To the fullest extent permitted by applicable law, 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, they shall not file, or join in the filing of, a petition against the Issuer Trust under any bankruptcy, insolvency, reorganization or other similar law (including, without limitation, the United States Bankruptcy Code of 1978, as amendedCode) (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 or any of the Trustees takes action in violation of this Section 100910.9, the Property Trustee agrees, for the benefit of the SecurityholdersHolders, that at the expense of the Depositor (which expense shall be paid prior to the filing)Depositor, 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 Issuer 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 therefromtherefrom and such other defenses, if any, as counsel for the Issuer Trustees or the Issuer Trust may assert. The provisions of this Section 1009 10.9 shall survive the termination of this Trust Agreement.
Appears in 2 contracts
Samples: Trust Indenture Trust Agreement (Citizens Funding Trust IV), Trust Indenture Trust Agreement (Citizens Banking Corp)
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, they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, insolvency, reorganization or other similar law (including, without limitation, the United States Bankruptcy Code of 1978, as amendedCode) (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 100910.11, 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)Depositor, 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 therefromtherefrom and such other defenses, if any, as counsel for the Trustee or the Trust may assert. The provisions of this Section 1009 10.11 shall survive the termination of this Trust Agreement.
Appears in 2 contracts
Samples: Agreement (Hl&p Capital Trust I), Trust Agreement (Hl&p Capital Trust I)
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, they it shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, reorganization liquidation or other similar law (including, without limitation, the United States Bankruptcy Code of 1978, as amendedCode) (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 100910.09, 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 therefromtherefrom and such other defenses, if any, as counsel for the Trustees or the Trust may assert. The provisions of this Section 1009 10.09 shall survive the termination of this Trust Agreement.
Appears in 2 contracts
Samples: Trust Agreement (Duke Capital Financing Trust Iii), Trust Agreement (Duke Energy Capital Trust Ii)
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, they it shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, insolvency, reorganization or other similar law (including, without limitation, the United States Bankruptcy Code of 1978, as amendedCode) (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 or any of the Trustees takes action in violation of this Section 100910.9, the Property Trustee agrees, for the benefit of the Securityholders, that that, at the expense of the Depositor (which expense shall be paid prior to the filing)Depositor, 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 therefromtherefrom and such other defenses, if any, as counsel for the Trustee or the Trust may assert. The provisions of this Section 1009 10.9 shall survive the termination of this Trust AgreementDeclaration.
Appears in 2 contracts
Samples: Superior Trust I, Superior Trust I
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 1 day after the Trust has been terminated in accordance with Article IX, they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, insolvency, reorganization or other similar law (including, without limitation, the United States Bankruptcy Code 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 1009, 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. The provisions of this Section 1009 shall survive the termination of this Trust Agreement.
Appears in 2 contracts
Samples: Trust Agreement (Intrust Financial Corp /), Trust Agreement (Indiana United Bancorp)
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, they it shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, reorganization liquidation or other similar law (including, without limitation, the United States Bankruptcy Code of 1978, as amendedCode) (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 100910.04, 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 therefromtherefrom and such other defenses, if any, as counsel for the Property Trustee or the Trust may assert. The provisions of this Section 1009 10.04 shall survive the termination of this Trust Agreement.
Appears in 2 contracts
Samples: Trust Agreement (Montana Power Co /Mt/), Trust Agreement (Montana Power Capital I)
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, they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, insolvency, reorganization or other similar law (including, without limitation, the United States Bankruptcy Code 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 1009, 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 estopped and precluded therefrom. The provisions of this Section 1009 shall survive the termination of this Trust Agreement.
Appears in 2 contracts
Samples: Trust Agreement (Front Range Capital Trust I), Trust Agreement (Front Range Capital Trust I)
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, they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, reorganization liquidation or other similar law (including, without limitation, the United States Bankruptcy Code of 1978, as amendedCode) (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 100910.09, 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 therefromtherefrom and such other defenses, if any, as counsel for the Property Trustee or the Trust may assert. The provisions of this Section 1009 10.09 shall survive the termination of this Trust Agreement.
Appears in 1 contract
Samples: Trust Agreement (Cleveland Electric Financing Trust I)
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, they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, insolvency, reorganization or other similar law (including, without limitation, the United States Bankruptcy Code of 1978, as amendedCode) (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 100910.9, the Property Trustee agrees, for the benefit of the 54 Securityholders, that at the expense of the Depositor (which expense shall be paid prior to the filing)Depositor, 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 therefromtherefrom and such other defenses, if any, as counsel for the Trustee or the Trust may assert. The provisions of this Section 1009 10.9 shall survive the termination of this Trust Agreement.
Appears in 1 contract
Samples: Trust Agreement (Rli Corp)
Agreement Not to Petition. Each of the Trustees Issuer Trustees, the Administrators 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, they shall not file, or join in the filing of, a petition against the Issuer Trust under any bankruptcy, insolvency, reorganization or other similar law (including, without limitation, the United States Bankruptcy Code of 1978, as amendedCode) (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 or any of the Trustees takes action in violation of this Section 100910.9, the Property Trustee agrees, for the benefit of the SecurityholdersHolders, that at the expense of the Depositor (which expense shall be paid prior to the filing)Depositor, it shall file an answer with the bankruptcy court or other court or otherwise properly contest the filing of such petition by the Depositor or such Trustee against the Issuer 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 estopped and precluded therefromtherefrom and such other defenses, if any, as counsel for the Issuer Trustee or the Issuer Trust may assert. The provisions of this Section 1009 10.9 shall survive the termination of this Trust Agreement.
Appears in 1 contract
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, they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, insolvency, reorganization or other similar law (including, without limitation, the United States Bankruptcy Code 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 1009, 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. The provisions of this Section 1009 shall survive the termination of this Trust Agreement.
Appears in 1 contract
Samples: Trust Agreement (FCNB Capital Trust)
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, they it shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, insolvency, reorganization or other similar law (including, without limitation, the United States Bankruptcy Code of 1978, as amendedCode) (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 100910.9, the Property Trustee agrees, for the benefit of the Securityholders, that that, at the expense of the Depositor (which expense shall be paid prior to the filing)Depositor, 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 therefromtherefrom and such other defenses, if any, as counsel for the Trustee or the Trust may assert. The provisions of this Section 1009 10.9 shall survive the termination of this Trust Agreement.
Appears in 1 contract
Agreement Not to Petition. Each To the fullest extent permitted by applicable law, 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, they shall not file, or join in the filing of, a petition against the Issuer Trust under any bankruptcy, insolvency, reorganization or other similar law (including, without limitation, including the United States Bankruptcy Code of 1978, as amendedCode) (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 or any of the Trustees takes action in violation of this Section 100910.9, the Property Trustee agrees, for the benefit of the SecurityholdersHolders, that at the expense of the Depositor (which expense shall be paid prior to the filing)Depositor, 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 Issuer 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 therefromtherefrom and such other defenses, if any, as counsel for the Issuer Trustee or the Issuer Trust may assert. The provisions of this Section 1009 10.10 shall survive the termination of this Trust Agreement.
Appears in 1 contract
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, they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, insolvency, reorganization or other similar law (including, without limitation, the United States Bankruptcy Code of 1978, as amendedCode) (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 or any of the Trustees takes action in violation of this Section 100910.9, 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)Depositor, 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 therefromtherefrom and such other defenses, if any, as counsel for the Trustee or the Trust may assert. The provisions of this Section 1009 10.9 shall survive the termination of this Trust Agreement.
Appears in 1 contract
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 dissolved in accordance with Article IX, they shall not file, or join in ---------- the filing of, a petition against the Trust under any bankruptcy, insolvency, reorganization or other similar law (including, without limitation, the United States Bankruptcy Code of 1978, as amendedCode) (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 100910.9, 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)Depositor, 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 therefromtherefrom and such other defenses, if any, as counsel for the Trustee or the Trust may assert. The provisions of this Section 1009 10.9 shall survive the ------------ termination of this Trust Agreement.
Appears in 1 contract
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, they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, insolvency, reorganization or other similar law (including, without limitation, the United States Bankruptcy Code 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 1009, 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. The provisions of this Section 1009 shall survive the termination of this Trust Agreement.
Appears in 1 contract
Samples: Trust Agreement (American Bank Inc)
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, they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, insolvency, reorganization or other similar law -50- (including, without limitation, the United States Bankruptcy Code of 1978, as amended) (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 or any of the Trustees takes action in violation of this Section 1009, 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. The provisions of this Section 1009 shall survive the termination of this Trust Agreement.
Appears in 1 contract
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, they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, insolvency, reorganization or other similar law (including, without limitation, the United States Bankruptcy Code 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 1009, 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. The provisions of this Section 1009 shall survive the termination of this Trust Agreement.
Appears in 1 contract
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, they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, insolvency, reorganization or other similar law (including, without limitation, the United States Bankruptcy Code 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 100910.9, the Property Trustee agrees, for the benefit of the SecurityholdersHolders, that at the expense of the Depositor (which expense shall be paid prior to the filing)Depositor, 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 estopped and precluded therefromtherefrom and such other defenses, if any, as counsel for the Trustee or the Trust may assert. The provisions provision of this Section 1009 10.9 shall survive the termination of this Trust Agreement.
Appears in 1 contract
Samples: Trust Agreement (Diamond Foods Inc)
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, they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, reorganization liquidation or other similar law (including, without limitation, the United States Bankruptcy Code of 1978, as amendedCode) (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 100910.09, 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)Depositor, 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 therefromtherefrom and such other defenses, if any, as counsel for the Trustee or the Trust may assert. The provisions of this Section 1009 10.09 shall survive the termination of this Trust Agreement. Section 10.10.
Appears in 1 contract
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, they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, insolvency, reorganization or other similar law (including, without limitation, the United States Bankruptcy Code 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 1009, 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. The provisions of this Section 1009 shall survive the termination of this Trust Agreement.. 58 66
Appears in 1 contract
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, they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, insolvency, reorganization or other similar law (including, without 57 limitation, the United States Bankruptcy Code 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 1009, 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. The provisions of this Section 1009 shall survive the termination of this Trust Agreement.
Appears in 1 contract
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, they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, insolvency, reorganization or other similar law (including, without limitation, the United States Bankruptcy Code 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 1009, 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. The provisions of this Section 1009 shall survive the termination of this Trust Agreement.
Appears in 1 contract
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 IXXI, they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, insolvency, reorganization or other similar law (including, without limitation, the United States Bankruptcy Code of 1978, as amended) (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 or any of the Trustees takes action in violation of this Section 100912.9, 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. The provisions of this Section 1009 12.9 shall survive the termination of this Trust Agreement.
Appears in 1 contract
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, they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, insolvency, reorganization or other similar law (including, without limitation, the United States Bankruptcy Code of 1978, as amendedCode) (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 100910.9, the Property Trustee agrees, for the benefit of the SecurityholdersHolders, that (at the expense of the Depositor (which expense shall be paid prior to the filingDepositor), 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 therefromtherefrom and such other defenses, if any, as counsel for the Trustee or the Trust may assert. The provisions of this Section 1009 10.9 shall survive the termination of this Trust Agreement.
Appears in 1 contract
Samples: Trust Agreement (Teco Energy Inc)
