Common use of No Proceedings; Limitation on Payments Clause in Contracts

No Proceedings; Limitation on Payments. (a) Each of the Seller, ACI, the Servicer, the Administrator, the LC Bank, the Purchaser Agents and the Purchasers and each assignee of the Purchased Interest or any interest therein, and each Person that enters into a commitment to purchase the Purchased Interest or interests therein, hereby covenants and agrees that it will not institute against, or join any other Person in instituting against, any Conduit Purchaser any bankruptcy, reorganization, arrangement, insolvency or liquidation proceeding, or other proceeding under any federal or state bankruptcy or similar law, for one year and one day after the latest maturing Note issued by such Conduit Purchaser is paid in full. The provisions of this paragraph shall survive any termination of this Agreement.

Appears in 5 contracts

Samples: Receivables Purchase Agreement (Arch Coal Inc), Receivables Purchase Agreement (Arch Coal Inc), Receivables Purchase Agreement (Arch Coal Inc)

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No Proceedings; Limitation on Payments. (a) Each of the Seller, ACI, the Servicer, the Administrator, the LC Bank, the Purchaser Agents and the Purchasers and each assignee of the Purchased Interest or any interest therein, and each Person that enters into a commitment to purchase the Purchased Interest or interests therein, hereby covenants and agrees that it will not institute against, or join any other Person in instituting against, any Conduit Purchaser any bankruptcy, reorganization, arrangement, insolvency or liquidation proceeding, or any other proceeding under any federal or state bankruptcy or similar law, for one year and one day after the latest maturing Note issued by such Conduit Purchaser is paid in full. The provisions of this paragraph shall survive any termination of this Agreement.

Appears in 5 contracts

Samples: Receivables Purchase Agreement (LyondellBasell Industries N.V.), Receivables Purchase Agreement (LyondellBasell Industries N.V.), Receivables Purchase Agreement (LyondellBasell Industries N.V.)

No Proceedings; Limitation on Payments. (a) Each of the Seller, ACIFleetCor, the Servicer, the Administrator, the LC BankPurchaser Agents, the Purchaser Agents and the Purchasers and Purchasers, each assignee of the Purchased Interest or any interest therein, and each Person that enters into a commitment to purchase the Purchased Interest or interests therein, hereby covenants and agrees that it will not institute against, or join any other Person in instituting against, any Conduit Purchaser any bankruptcy, reorganization, arrangement, insolvency or liquidation proceeding, or other proceeding under any federal or state bankruptcy or similar law, for one year and one day after the latest maturing Note issued by such Conduit Purchaser is paid in full. The provisions of this paragraph shall survive any termination of this Agreement.

Appears in 5 contracts

Samples: Receivables Purchase Agreement (Fleetcor Technologies Inc), Receivables Purchase Agreement (Fleetcor Technologies Inc), Receivables Purchase Agreement

No Proceedings; Limitation on Payments. (a) Each of the Seller, ACICxxxxx Tire, the Servicer, the Administrator, the LC BankPurchaser Agents, the Purchaser Agents and the Purchasers and Purchasers, each assignee of the Purchased Interest or any interest therein, and each Person that enters into a commitment to purchase the Purchased Interest or interests therein, hereby covenants and agrees that it will not institute against, or join any other Person in instituting against, any Conduit Purchaser any bankruptcy, reorganization, arrangement, insolvency or liquidation proceeding, or other proceeding under any federal or state bankruptcy or similar law, for one year and one day after the latest maturing Note issued by such Conduit Purchaser is paid in full. The provisions of this paragraph shall survive any termination of this Agreement.

Appears in 3 contracts

Samples: Receivables Purchase Agreement (Cooper Tire & Rubber Co), Receivables Purchase Agreement (Cooper Tire & Rubber Co), Receivables Purchase Agreement (Cooper Tire & Rubber Co)

No Proceedings; Limitation on Payments. (a) Each of the Seller, ACI, the Servicer, the Administrator, the LC Bank, the Purchaser Agents and the Purchasers and each assignee of the Purchased Interest or any interest therein, and each Person that enters into a commitment to purchase the Purchased Interest or interests therein, hereby covenants and agrees that it will not institute against, or join any other Person in instituting against, any Conduit Purchaser any bankruptcy, reorganization, arrangement, insolvency or liquidation proceeding, or other proceeding under any federal or state bankruptcy or similar law, for one year and one day after the latest maturing Note issued by such Conduit Purchaser is paid in full. The provisions of this paragraph shall survive any termination of this Agreement.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Meritor Inc), Receivables Purchase Agreement (Owens Corning)

No Proceedings; Limitation on Payments. (a) Each of the Seller, ACIWorthington, the Servicer, the Administrator, the LC BankPurchaser Agents, the Purchaser Agents and the Purchasers and Purchasers, each assignee of the Purchased Interest or any interest therein, and each Person that enters into a commitment to purchase the Purchased Interest or interests therein, hereby covenants and agrees that it will not institute against, or join any other Person in instituting against, any Conduit Purchaser any bankruptcy, reorganization, arrangement, insolvency or liquidation proceeding, or other proceeding under any federal or state bankruptcy or similar law, for one year and one day after the latest maturing Note issued by such Conduit Purchaser is paid in full. The provisions provision of this paragraph Section 6.5 shall survive any termination of this Agreement.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Worthington Industries Inc), Receivables Purchase Agreement (Worthington Industries Inc)

No Proceedings; Limitation on Payments. (a) Each of the Seller, ACIWESCO, the Servicer, the Administrator, the LC BankPurchaser Agents, the Purchaser Agents and the Purchasers and Purchasers, each assignee of the Purchased Interest or any interest therein, and each Person that enters into a commitment to purchase the Purchased Interest or interests therein, hereby covenants and agrees that it will not institute against, or join any other Person in instituting against, any Conduit Purchaser any bankruptcy, reorganization, arrangement, insolvency or liquidation proceeding, or other proceeding under any federal or state bankruptcy or similar law, for one year and one day after the latest maturing Note issued by such Conduit Purchaser is paid in full. The provisions provision of this paragraph Section 6.5 shall survive any termination of this Agreement.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Wesco International Inc), Receivables Purchase Agreement (Wesco International Inc)

No Proceedings; Limitation on Payments. (a) Each of the Seller, ACI, the Servicer, the Administrator, the LC Bank, the Purchaser Agents and the Purchasers and each assignee of the Purchased Interest or any interest therein, and each Person that enters into a commitment to purchase the Purchased Interest or interests therein, hereby covenants and agrees that it will not institute against, or join any other Person in instituting against, any Conduit Purchaser any bankruptcy, reorganization, arrangement, insolvency or liquidation proceeding, or any other proceeding under any federal or state bankruptcy or similar law, for one year and one day after the latest maturing Note issued by such Conduit Purchaser is paid in full. The provisions of this paragraph shall survive any termination of this Agreement.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Celanese Corp), Receivables Purchase Agreement (Celanese Corp)

No Proceedings; Limitation on Payments. (a) Each of the Seller, ACI, the Servicer, the Administrator, the LC BankXX Xxxxx, the Purchaser Agents and the Purchasers and each assignee of the Purchased Interest or any interest therein, and each Person that enters into a commitment to purchase the Purchased Interest or interests therein, hereby covenants and agrees that it will not institute against, or join any other Person in instituting against, any Conduit Purchaser any bankruptcy, reorganization, arrangement, insolvency or liquidation proceeding, or other proceeding under any federal or state bankruptcy or similar law, for one year and one day after the latest maturing Note issued by such Conduit Purchaser is paid in full. The provisions of this paragraph shall survive any termination of this Agreement.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Owens Corning), Receivables Purchase Agreement (Owens Corning)

No Proceedings; Limitation on Payments. (a) Each of the Seller, ACIthe Parent, the Servicer, the Administrator, the LC BankPurchaser Agents, the Purchaser Agents and the Purchasers and Purchasers, each assignee of the Purchased Interest or any interest therein, and each Person that enters into a commitment to purchase the Purchased Interest or interests therein, hereby covenants and agrees that it will not institute against, or join any other Person in instituting against, any Conduit Purchaser any bankruptcy, reorganization, arrangement, insolvency or liquidation proceeding, or other proceeding under any federal or state bankruptcy or similar law, for one year and one day after the latest maturing Note issued by such Conduit Purchaser is paid in full. The provisions of this paragraph shall survive any termination of this Agreement.this

Appears in 1 contract

Samples: Receivables Purchase Agreement (Avantor, Inc.)

No Proceedings; Limitation on Payments. (a) Each of the Seller, ACI, the Servicer, the Administrator, the LC BankPurchaser Agents, the Purchaser Agents and the Purchasers and Purchasers, each assignee of the Purchased Interest Participation or any interest therein, and each Person that which enters into a commitment to purchase the Purchased Interest Participation or interests therein, hereby covenants and agrees that it will not institute against, or join any other Person in instituting against, any Conduit Purchaser Note Issuer (including any Uncommitted Purchaser), any bankruptcy, reorganization, arrangement, insolvency or liquidation proceeding, or other proceeding under any federal or state bankruptcy or similar law, for one year and one day after the latest maturing Note issued by any such Conduit Purchaser Note Issuer is paid in full. The provisions of this paragraph shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Pilgrims Pride Corp)

No Proceedings; Limitation on Payments. (a) Each of the Seller, ACIFleetCor, the Servicer, the Administrator, the LC BankPurchaser Agents, the Purchaser Agents and the Purchasers and Purchasers, each assignee of the Purchased Interest or any interest therein, and each Person that enters into a commitment to purchase the Purchased Interest or interests therein, hereby covenants and agrees that it will not institute against, or join any other Person in instituting against, any Conduit Purchaser any bankruptcy, reorganization, arrangement, insolvency or liquidation proceeding, or other proceeding under any federal or state bankruptcy or similar law, for one year and one day after the latest maturing Note issued by such Conduit Purchaser is paid in full. The provisions of this paragraph shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Fleetcor Technologies Inc)

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No Proceedings; Limitation on Payments. (a) Each of the Seller, ACIPresidio, the Servicer, the Administrator, the LC BankPurchaser Agents, the Purchaser Agents and the Purchasers and Purchasers, each assignee of the Purchased Interest or any interest therein, and each Person that enters into a commitment to purchase the Purchased Interest or interests therein, hereby covenants and agrees that it will not institute against, or join any other Person in instituting against, any Conduit Purchaser any bankruptcy, reorganization, arrangement, insolvency or liquidation proceeding, or other proceeding under any federal or state bankruptcy or similar law, for one year and one day after the latest maturing Note issued by such Conduit Purchaser is paid in full. The provisions of this paragraph shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Presidio, Inc.)

No Proceedings; Limitation on Payments. (a) Each of the Seller, ACIBPI, the Servicer, the Administrator, the LC BankPurchaser Agents, the Purchaser Agents and the Purchasers and Purchasers, each assignee of the Purchased Interest or any interest therein, and each Person that enters into a commitment to purchase the Purchased Interest or interests therein, hereby covenants and agrees that it will not institute against, or join any other Person in instituting against, any Conduit Purchaser any bankruptcy, reorganization, arrangement, insolvency or liquidation proceeding, or other proceeding under any federal or state bankruptcy or similar law, for one year and one day after the latest maturing Note issued by such Conduit Purchaser the Purchasers is paid in full. The provisions provision of this paragraph Section 6.5 shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Bearingpoint Inc)

No Proceedings; Limitation on Payments. (a) Each of the Seller, ACIGreetings, the Servicer, the Administrator, the LC BankPurchaser Agents, the Purchaser Agents and the Purchasers and Purchasers, each assignee of the Purchased Interest or any interest therein, and each Person that enters into a commitment to purchase the Purchased Interest or interests therein, hereby covenants and agrees that it will not institute against, or join any other Person in instituting against, any Conduit Purchaser any bankruptcy, reorganization, arrangement, insolvency or liquidation proceeding, or other proceeding under any federal or state bankruptcy or similar law, for one year and one day after the latest maturing Note issued by such Conduit Purchaser is paid in full. The provisions provision of this paragraph Section 6.5 shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Receivables Purchase Agreement (American Greetings Corp)

No Proceedings; Limitation on Payments. (a) Each of the Seller, ACIPatriot, the Servicer, the Administrator, the LC BankPurchaser Agents, the Purchaser Agents and the Purchasers and Purchasers, each assignee of the Purchased Interest or any interest therein, and each Person that enters into a commitment to purchase the Purchased Interest or interests therein, hereby covenants and agrees that it will not institute against, or join any other Person in instituting against, any Conduit Uncommitted Purchaser any bankruptcy, reorganization, arrangement, insolvency or liquidation proceeding, or other proceeding under any federal or state bankruptcy or similar law, for one year and one day after the date the latest maturing Note issued by such Conduit Uncommitted Purchaser is paid in full. The provisions of this paragraph shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Patriot Coal CORP)

No Proceedings; Limitation on Payments. (a) Each of the Seller, ACIYork, the Servicer, the Administrator, the LC BankPurchaser Agents, the Purchaser Agents and the Purchasers and Purchasers, each assignee of the Purchased Interest or any interest therein, and each Person that enters into a commitment to purchase the Purchased Interest or interests therein, hereby covenants and agrees that it will not institute against, or join any other Person in instituting against, any Conduit Purchaser any bankruptcy, reorganization, arrangement, insolvency or liquidation proceeding, or other proceeding under any federal or state bankruptcy or similar law, for one year and one day after the latest maturing Note issued by such Conduit Purchaser is paid in full. The provisions of this paragraph Section 6.5(a) shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Receivables Purchase Agreement (York International Corp /De/)

No Proceedings; Limitation on Payments. (a) Each of the Seller, ACIAmphenol Corporation, the Servicer, the AdministratorAdministrative Agent, the LC BankPurchasers, the Purchaser Agents and the Purchasers and each assignee of the Purchased Interest or any interest therein, and each Person that enters into a commitment to purchase the Purchased Interest or interests therein, hereby covenants and agrees that it will not institute against, or join any other Person in instituting against, any Conduit Purchaser any bankruptcy, reorganization, arrangement, insolvency or liquidation proceeding, or other proceeding under any federal or state bankruptcy or similar law, for one year and one day after the latest maturing Note issued by such Conduit Purchaser is paid in full. The provisions provision of this paragraph Section 6.5(a) shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Amphenol Corp /De/)

No Proceedings; Limitation on Payments. (a) Each of the Seller, ACICB, the Servicer, the Administrator, the LC BankPurchaser Agents, the Purchaser Agents and the Purchasers and Purchasers, each assignee of the Purchased Interest or any interest therein, and each Person that enters into a commitment to purchase the Purchased Interest or interests therein, hereby covenants and agrees that it will not institute against, or join any other Person in instituting against, any Conduit Purchaser any bankruptcy, reorganization, arrangement, insolvency or liquidation proceeding, or other proceeding under any federal or state bankruptcy or similar law, for one year and one day after the latest maturing Note issued by such Conduit Purchaser is paid in full. The provisions of this paragraph shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Cincinnati Bell Inc)

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