Common use of COMMENCEMENT OF BANKRUPTCY PROCEEDINGS Clause in Contracts

COMMENCEMENT OF BANKRUPTCY PROCEEDINGS. Lessee, each Participant, each Note Holder, First Security, Owner Trustee, WTC and Mortgagee agree for the benefit of each of the others that it will not commence or join in any proceeding under the Bankruptcy Code to commence a case under Section 303 of the Bankruptcy Code against the Trust Estate. Nothing contained herein shall be deemed to preclude any Participant, any Note Holder, First Security, Owner Trustee, WTC or Mortgagee from filing any claim against the Trust Estate in any case commenced against the Trust Estate.

COMMENCEMENT OF BANKRUPTCY PROCEEDINGS. Lessee, each Participant, each Note Holder, First SecurityFSB, Owner Trustee, WTC WTC, and Mortgagee agree for the benefit of each of the others that it will not commence or join in any proceeding under the Bankruptcy Code to commence a case under Section ss. 303 of the Bankruptcy Code against the Trust Estate. Nothing NothinG contained herein shall be deemed to preclude any Participant, any Note Holder, First SecurityFSB, Owner Trustee, WTC WTC, or Mortgagee from filing any claim against the Trust Estate in any case commenced against the Trust Estate.

COMMENCEMENT OF BANKRUPTCY PROCEEDINGS. Lessee, each Participant, each Note Holder, First Security, Owner Trustee, WTC and Mortgagee agree for the benefit of each of the others that it will not commence or join in any proceeding under the Bankruptcy Code to commence a case under Section 303 of the Bankruptcy Code against the Trust Estate. Nothing contained herein shall be deemed to preclude any Participant, any Note Holder, First Security, Owner Trustee, WTC or Mortgagee from filing any claim against the Trust Estate in any case commenced against the Trust Estate.. PARTICIPATION AGREEMENT SPECIAL PAGE 43

COMMENCEMENT OF BANKRUPTCY PROCEEDINGS. Lessee, each Participant, Equity Guarantor, each Note Holder, First Security, Owner Trustee, WTC and Mortgagee agree for the benefit of each of the others that it will not commence or join in any proceeding under the Bankruptcy Code to commence a case under Section 303 of the Bankruptcy Code against the Trust Estate. Nothing contained herein shall be deemed to preclude any Participant, Equity Guarantor, any Note Holder, First Security, Owner Trustee, WTC or Mortgagee from filing any claim against the Trust Estate in any case commenced against the Trust Estate.

COMMENCEMENT OF BANKRUPTCY PROCEEDINGS. Lessee, each Participant, each Note Holder, First SecurityBank, Owner Trustee, WTC and Mortgagee agree for the benefit of each of the others that it will not commence or join in any proceeding under the Bankruptcy Code to commence a case under Section 303 of the Bankruptcy Code against the Trust Estate. Nothing contained herein shall be deemed to preclude any Participant, any Note Holder, First SecurityBank, Owner Trustee, WTC or Mortgagee from filing any claim against the Trust Estate in any case commenced against the Trust Estate.