Common use of Bankruptcy Limitations Clause in Contracts

Bankruptcy Limitations. The Trust Depositor shall not, without the affirmative vote of a majority of the managers of the Trust Depositor (which must include the affirmative vote of at least one duly appointed Independent manager) (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 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 limited liability company action in furtherance of the actions set forth in clauses (a) through (f) above; provided 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 Solvent.

Appears in 2 contracts

Samples: Transfer and Servicing Agreement (American Capital Strategies LTD), Transfer and Servicing Agreement (American Capital Strategies LTD)

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Bankruptcy Limitations. The Trust Depositor shall not, without the affirmative vote of a majority of the managers of the Trust Depositor (which must include the affirmative vote of at least one two duly appointed Independent managermanagers) (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 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 limited liability company action in furtherance of the actions set forth in clauses (a) through (f) above; provided 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 Solvent.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (NewStar Financial, Inc.), Sale and Servicing Agreement (Capitalsource Inc)

Bankruptcy Limitations. The Trust Depositor shall not, without the affirmative vote prior unanimous written consent of a majority its member and all of the BUSINESS.29147459.4 Independent managers of the Trust Depositor (which must include the affirmative vote of at least one duly appointed Independent manager) (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 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 limited liability company action in furtherance of the actions set forth in clauses (a) through (f) above; provided that no Independent 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 Solvent.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Hercules Capital, Inc.)

Bankruptcy Limitations. The Trust Depositor shall not, without the affirmative vote of a majority of the managers members of the Trust Depositor (which must include the affirmative vote of at least one duly appointed Independent managermember) (aA) voluntarily 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 limited liability company corporation 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 limited liability company action in furtherance of the actions set forth in clauses (aA) through (fF) above; provided provided, however, that no manager may be required by any member of the Trust Depositor may be required to consent to the institution of bankruptcy or insolvency proceedings against the Trust Depositor so long as it is Solvent.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Fidelity Leasing Inc)

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Bankruptcy Limitations. The Trust Depositor shall not, without the affirmative vote of a majority of the managers of the Trust Depositor (which must include the affirmative vote of at least one two duly appointed Independent managermanagers) (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 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 limited liability company action in furtherance of the actions set forth in clauses (a) through (f) above; provided that no manager may be required by any member of the 112 Trust Depositor to consent to the institution of bankruptcy or insolvency proceedings against the Trust Depositor so long as it is Solvent.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Capitalsource Inc)

Bankruptcy Limitations. The Trust Depositor shall not, without the affirmative vote of a majority of the managers of the Trust Depositor (which must include the affirmative vote of at least one two duly appointed Independent managermanagers) (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 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 limited liability company action in furtherance of the actions set forth in clauses (aA) through (fF) above; provided provided, 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 Solvent.

Appears in 1 contract

Samples: Sale and Servicing Agreement (MCG Capital Corp)

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