Common use of Bankruptcy Limitations Clause in Contracts

Bankruptcy Limitations. The Depositor shall not, without the affirmative vote of each of the managers of the Depositor (which must include the affirmative vote of at least one duly appointed Independent Manager as defined in the Depositor LLC Agreement) (A) dissolve or liquidate, in whole or in part, or institute proceedings to be adjudicated bankrupt or insolvent, (B) consent to the institution of bankruptcy or insolvency proceedings against it, (C) file a petition seeking or consent to reorganization or relief under any applicable federal or state law relating to bankruptcy, (D) consent to the appointment of a receiver, liquidator, assignee, trustee, sequestrator (or other similar official) of the Depositor or a substantial part of its property, (E) make a general assignment for the benefit of creditors, (F) admit in writing its inability to pay its debts generally as they become due, or (G) take any entity action in furtherance of the actions set forth in clauses (A) through (F) above; provided, however, that no manager may be required by any member of the Depositor to consent to the institution of bankruptcy or insolvency proceedings against the Depositor so long as it is solvent.

Bankruptcy Limitations. The Trust Depositor shall not, without the affirmative vote of each a majority of the managers of the Trust Depositor (which must include the affirmative vote of at least one two duly appointed Independent Manager as defined in the Depositor LLC Agreementmanagers) (A) dissolve or liquidate, in whole or in part, or institute proceedings to be adjudicated bankrupt or insolvent, (B) consent to the institution of bankruptcy or insolvency proceedings against it, (C) file a petition seeking or consent to reorganization or relief under any applicable federal or state law relating to bankruptcy, (D) consent to the appointment of a receiver, liquidator, assignee, trustee, sequestrator (or other similar official) of the Depositor limited liability company or a substantial part of its property, (E) make a general assignment for the benefit of creditors, (F) admit in writing its inability to pay its debts generally as they become due, or (G) take any entity limited liability company action in furtherance of the actions set forth in clauses (A) through (F) above; provided, however, that no manager may be required by any member of the Trust Depositor to consent to the institution of bankruptcy or insolvency proceedings against the Trust Depositor so long as it is solventSolvent.

Bankruptcy Limitations. The Trust Depositor shall not, without the affirmative vote of each a majority of the managers members of the Board of Directors of the Trust Depositor (which must include the affirmative vote of at least one two duly appointed Independent Manager as defined in the Depositor LLC Agreementdirectors) (A) dissolve or liquidate, in whole or in part, or institute proceedings to be adjudicated bankrupt or insolvent, (B) consent to the institution of bankruptcy or insolvency proceedings against it, (C) file a petition seeking or consent to reorganization or relief under any applicable federal or state law relating to bankruptcy, (D) consent to the appointment of a receiver, liquidator, assignee, trustee, sequestrator (or other similar official) of the Depositor corporation or a substantial part of its property, (E) make a general assignment for the benefit of creditors, (F) admit in writing its inability to pay its debts generally as they become due, or (G) take any entity corporate action in furtherance of the actions set forth in clauses (A) through (F) above; provided, however, that no manager director may be required by any member shareholder of the Trust Depositor to consent to the institution of bankruptcy or insolvency proceedings against the Trust Depositor so long as it is solventSolvent.

Bankruptcy Limitations. The Trust Depositor shall not, without the affirmative vote of each a majority of the managers of the Trust Depositor (which must include the affirmative vote of at least one two duly appointed Independent Manager as defined in the Depositor LLC Agreementmanagers) (Aa) dissolve or liquidate, in whole or in part, or institute proceedings to be adjudicated bankrupt or insolvent, (Bb) consent to the institution of bankruptcy or insolvency proceedings against it, (Cc) file a petition seeking or consent to reorganization or relief under any applicable federal or state law relating to bankruptcy, (Dd) consent to the appointment of a receiver, liquidator, assignee, trustee, sequestrator (or other similar official) of the Depositor limited liability company or a substantial part of its property, (Ee) make a general assignment for the benefit of creditors, (Ff) admit in writing its inability to pay its debts generally as they become due, or (Gg) take any entity limited liability company action in furtherance of the actions set forth in clauses (Aa) through (Ff) above; provided, however, that no manager may be required by any member of the Trust Depositor to consent to the institution of bankruptcy or insolvency proceedings against the Trust Depositor so long as it is solventSolvent.