Common use of No Bankruptcy Intent Clause in Contracts

No Bankruptcy Intent. Borrower represents, covenants and agrees that none of Borrower, First Mortgage Borrower or Guarantor has any intent (a) to file any voluntary petition in bankruptcy under any Chapter of the Bankruptcy Code or in any manner to. seek relief, protection, reorganization, liquidation, dissolution or similar relief for debtors under any local, state, federal or other insolvency laws or laws providing for relief of debtors, or in equity, or directly or indirectly to cause any of the other of such Persons to file any such petition or to seek any such relief, either at the present time, or at any time hereafter, or (b) directly or indirectly to cause any involuntary petition under any Chapter of the Bankruptcy Code to be filed against any of such Persons or directly or indirectly to cause any of such Persons to become the subject of any dissolution, liquidation or insolvency proceeding or any other proceeding pursuant to any local, state, federal, or other insolvency laws or laws providing for relief of debtors, or in equity, either at the present time, or at any time hereafter, or (c) directly or indirectly to cause the Mortgaged Property, the Collateral or any portion thereof or any interest of such Persons in the Mortgaged Property or the Collateral to become the property of any bankruptcy estate or the subject of any local, state, federal or other bankruptcy, dissolution, liquidation or insolvency proceedings, either at the present time or at any time hereafter.

No Bankruptcy Intent. Borrower represents, covenants and agrees that none of Borrower, Senior Mezzanine Borrower, First Mortgage Borrower or Guarantor has any intent (a) to file any voluntary petition in bankruptcy under any Chapter of the Bankruptcy Code or in any manner to. seek relief, protection, reorganization, liquidation, dissolution or similar relief for debtors under any local, state, federal or other insolvency laws or laws providing for relief of debtors, or in equity, or directly or indirectly to cause any of the other of such Persons to file any such petition or to seek any such relief, either at the present time, or at any time hereafter, or (b) directly or indirectly to cause any involuntary petition under any Chapter of the Bankruptcy Code to be filed against any of such Persons or directly or indirectly to cause any of such Persons to become the subject of any dissolution, liquidation or insolvency proceeding or any other proceeding pursuant to any local, state, federal, or other insolvency laws or laws providing for relief of debtors, or in equity, either at the present time, or at any time hereafter, or (c) directly or indirectly to cause the Mortgaged Property, the Collateral or any portion thereof or any interest of such Persons in the Mortgaged Property or the Collateral to become the property of any bankruptcy estate or the subject of any local, state, federal or other bankruptcy, dissolution, liquidation or insolvency proceedings, either at the present time or at any time hereafter.

No Bankruptcy Intent. Each of the Borrower Parties acknowledge, warrants, represents, covenants covenants, and agrees that none of neither Borrower, First Mortgage nor such Borrower or Guarantor Party, has any intent present intent: (ai) to file any voluntary petition in bankruptcy under any Chapter chapter of the Bankruptcy Code or in any manner to. to seek relief, protection, reorganization, liquidation, dissolution dissolution, or similar relief for debtors under any local, state, federal federal, or other insolvency laws or laws providing for relief of debtors, or in equity, or directly or indirectly in concert, collusion, or cooperation with others to cause any of the other of such Persons Borrower Parties to file any such petition or to seek any such relief, relief either at the present time, time or at any time hereafter, ; or (bii) directly or indirectly in concert, collusion, or cooperation with others to cause any involuntary petition under any Chapter chapter of the Bankruptcy Code to be filed against any of such Persons the Borrower Parties or directly or indirectly in concert, collusion, or cooperation with others to cause any of such Persons the Borrower Parties to become the subject of any dissolution, liquidation or insolvency proceeding or any other proceeding proceedings pursuant to any local, state, federal, or other insolvency laws or laws providing for relief of debtors, or in equity, either at the present time, time or at any time hereafter, ; or (ciii) directly or indirectly in concert, collusion, or cooperation with others to cause the Mortgaged Property, any of the Collateral or any portion thereof of the Killington Land or any interest of such Persons any of the Borrower Parties in the Mortgaged Property Collateral or the Collateral Killington Land to become the property of any bankruptcy estate or the subject of any local, state, federal federal, or other bankruptcy, dissolution, liquidation liquidation, or insolvency proceedings, proceedings either at the present time or at any time hereafter.

No Bankruptcy Intent. Borrower representsLoan Parties acknowledge, covenants warrant, represent and agrees agree that none of Borrower, First Mortgage Borrower or Guarantor no Loan Party has any present intent (ai) to file any voluntary petition in bankruptcy under any Chapter of the Bankruptcy Code Code, Title 11, U.S.C.A. (hereinafter referred to as the “Bankruptcy Code”), or in any manner to. to seek relief, protection, reorganization, liquidation, dissolution or similar relief for debtors under any local, state, federal or other insolvency laws or laws providing for relief of debtors, or in equity, or directly or indirectly to cause any of the other of such Persons Loan Parties to file any such petition or to seek any such relief, either at the present time, or at any time hereafter, or (bii) directly or indirectly to cause any involuntary petition under any Chapter of the Bankruptcy Code to be filed against any of such Persons Loan Party, or directly or indirectly to cause any of such Persons Loan Party to become the subject of any dissolution, liquidation or insolvency proceeding or any other proceeding proceedings pursuant to any local, state, federal, federal or other insolvency laws or laws providing for the relief of debtors, or in equity, either at the present time, or at any time hereafter, or (ciii) directly or indirectly to cause the Mortgaged Property, the Collateral or any portion thereof or any interest of such Persons in the Mortgaged Property or the Collateral to become the property of any bankruptcy bankrupt estate or the subject of any local, state, federal or other bankruptcy, dissolution, liquidation or insolvency proceedings, either at the present time or at any time hereafter; and that the filing of any such petition or the seeking of any such relief by any Loan Party, whether directly or indirectly, would be in bad faith and solely for purposes of delaying, inhibiting or otherwise impeding the exercise by Lenders of its negotiated rights and benefits pursuant to this Agreement or the Loan Documents, or at law or in equity. The foregoing acknowledgments, representations and warranties are not and cannot be binding on any creditors of the Loan Parties and/or any third-party representatives that may be appointed to oversee the affairs and property of the Loan Parties.

No Bankruptcy Intent. Borrower Each of the Borrower, WASH Manager, Xxxxx Avenue Holdings and the undersigned Guarantor, jointly and severally, hereby represents, covenants and agrees that none of the Borrower, First Mortgage Borrower the Property Owner, WASH, WASH Manager, Xxxxx Avenue Holdings or the Guarantor has any intent (a1) to file any voluntary petition in bankruptcy under any Chapter of the Bankruptcy Code or in any manner to. to seek relief, protection, reorganization, liquidation, dissolution or similar relief for debtors under any local, state, federal or other insolvency laws or laws providing for relief of debtors, or in equity, or directly or indirectly to cause any of the other of such Persons to file any such petition or to seek any such relief, either at the present time, or at any time hereafter, or (b2) directly or indirectly to cause any involuntary petition under any Chapter of the Bankruptcy Code to be filed against any of such Persons or directly or indirectly to cause any of such Persons to become the subject of any dissolution, liquidation or insolvency proceeding or any other proceeding pursuant to any local, state, federal, or other insolvency laws or laws providing for relief of debtors, or in equity, either at the present time, or at any time hereafter, or (c3) directly or indirectly to cause the Mortgaged Property, the Mezzanine Property, any other collateral for the Mortgage Loan, the Collateral or any portion thereof or any interest of such Persons in the Mortgaged Property Property, the Mezzanine Property, any other collateral for the Mortgage Loan or the Collateral to become the property of any bankruptcy estate or the subject of any local, state, federal or other bankruptcy, dissolution, liquidation or insolvency proceedings, either at the present time or at any time hereafter.

No Bankruptcy Intent. Borrower Each of the Borrower, the Guarantor and the other Additional Pledgors, jointly and severally, hereby represents, covenants and agrees that none of the Borrower, First Mortgage Borrower or the Managing Member, the Property Owner, the Guarantor nor any of the other Additional Pledgors has any intent (a) to file any voluntary petition in bankruptcy under any Chapter of the Bankruptcy Code or in any manner to. to seek relief, protection, reorganizationreorganiza- tion, liquidation, dissolution or similar relief for debtors under any local, state, federal or other insolvency laws or laws providing for relief of debtors, or in equity, or directly or indirectly to cause any of the other of such Persons to file any such petition or to seek any such relief, either at the present time, or at any time hereafter, or (b) directly or indirectly to cause any involuntary petition under any Chapter of the Bankruptcy Code to be filed against any of such Persons or directly or indirectly to cause any of such Persons to become the subject of any dissolution, liquidation or insolvency proceeding or any other proceeding pursuant to any local, state, federal, or other insolvency laws or laws providing for relief of debtors, or in equity, either at the present time, or at any time hereafter, or (c) directly or indirectly to cause the Mortgaged Property, the Collateral or any portion thereof or any interest of such Persons in the Mortgaged Property or the Collateral to become the property of any bankruptcy estate or the subject of any local, state, federal or other bankruptcy, dissolution, liquidation or insolvency proceedings, either at the present time or at any time hereafter.

No Bankruptcy Intent. Borrower Each of the Borrower, the undersigned Guarantor, the Member and the Manager, jointly and severally, hereby represents, covenants and agrees that none of the Borrower, First Mortgage Borrower the Property Owner, the Guarantor, the Member or Guarantor the Manager has any intent (a1) to file any voluntary petition in bankruptcy under any Chapter of the Bankruptcy Code or in any manner to. to seek relief, protection, reorganization, liquidation, dissolution or similar relief for debtors under any local, state, federal or other insolvency laws or laws providing for relief of debtors, or in equity, or directly or indirectly to cause any of the other of such Persons to file any such petition or to seek any such relief, either at the present time, or at any time hereafter, or (b2) directly or indirectly to cause any involuntary petition under any Chapter of the Bankruptcy Code to be filed against any of such Persons or directly or indirectly to cause any of such Persons to become the subject of any dissolution, liquidation or insolvency proceeding or any other proceeding pursuant to any local, state, federal, or other insolvency laws or laws providing for relief of debtors, or in equity, either at the present time, or at any time hereafter, or (c3) directly or indirectly to cause the Mortgaged Mezzanine Property, the Mezzanine Collateral, any other Collateral or any portion thereof or any interest of such Persons in the Mortgaged Property Mezzanine Property, the Mezzanine Collateral or the any other Collateral to become the property of any bankruptcy estate or the subject of any local, state, federal or other bankruptcy, dissolution, liquidation or insolvency proceedings, either at the present time or at any time hereafter.