Contemplated Actions Sample Clauses

Contemplated Actions. No Borrower Party is contemplating either the filing of a petition by it under state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of its assets or property, and no Borrower Party has knowledge of any Person contemplating the filing of any such petition against it.
Contemplated Actions. No Borrower, Guarantor, nor to the best knowledge of Borrowers, any Operating Tenant is contemplating either the filing of a petition by it under state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of its assets or property, and no Borrower, Guarantor nor to the knowledge of Borrowers, any Operating Tenant has knowledge of any Person contemplating the filing of any such petition against it.

Related to Contemplated Actions

  • Permitted Actions Section 12.2(b) shall not be construed to limit or impair in any way any right of: (a) any Lender to bid for or purchase Collateral at any public, private or judicial foreclosure upon such Collateral initiated by the Trustee upon the instruction of the Controlling Lender, or at any sale of Collateral during an Insolvency Proceeding (provided that no such bid may include a “credit bid” in respect of the Class B Obligations unless the proceeds of such bid are otherwise sufficient to enable the Class A Obligations to be paid in full), (b) any Class B Lender to file any responsive or defensive pleadings in opposition to any motion, claim, adversary proceeding or other pleading made by any Person objecting to or otherwise seeking the disallowance of the claims of the Class B Lenders including any claims secured by the Collateral to the extent not in contravention of the terms of this Agreement, (c) any Class B Lender to exercise any rights or remedies or file any pleadings, objections, motions or agreements which assert rights or interests available to unsecured creditors of the Borrower under applicable law, in each case, to the extent not in contravention of the terms of this Agreement, (d) any Class B Lender to vote on any plan of reorganization or file any proof of claim, (e) any Class B Lender to direct the Trustee to take an Enforcement Action to the extent permitted under Section 12.2(b), (f) any Class B Lender to receive Proceeds of Collateral in accordance with Section 2.7 or 2.8, (g) any Class B Lender, in any Insolvency Proceeding commenced by or against any of the Borrower, the Servicer, the Equityholder or the Originator, to file a claim or statement of interest with respect to the Class B Obligations, (h) any Class B Lender to exercise its purchase rights under Article IX or Section 12.3, and (i) the Borrower to exercise its purchase rights under Section 12.4; provided, that any such rights shall be subject in all respects to any Remediation Plan.