No Proceedings Sample Clauses

No Proceedings. The Servicer hereby agrees that, from and after the Closing Date and until the date one, year plus one, day following the earlier of the Class C Maturity Date or the Redemption Date, as applicable, it will not, directly or indirectly, institute or cause to be instituted against the Issuer any proceeding of the type referred to in the definition of "Bankruptcy Event"; provided that the foregoing shall not in any way limit the Servicer's right to pursue any other creditor rights or remedies that the Servicer may have for claims against the Issuer.
No Proceedings. The Noteholders, the Servicer and the Indenture Trustee each hereby agrees that, from and after the Closing Date and until the date one, year plus one, day following the earlier of the Class C Maturity Date or the Redemption Date, as applicable, that it will not, directly or indirectlyindirectly institute, institute or cause to be instituted instituted, against the Issuer or the Trust Estate any proceeding of the type referred to in the definition of "Bankruptcy Event"; provided that the foregoing Section 6.01(e) hereof so long as there shall not in any way limit have elapsed one year plus one day since the Servicer's right to pursue any other creditor rights or remedies that last maturity of the Servicer may have for claims against the IssuerNotes.
No Proceedings. The Noteholders, the Servicer and the Indenture Trustee each hereby agrees that, from and after the Closing Date and until the date one, year plus one, day following the earlier of the Class C Maturity Date or the Redemption Date, as applicable, that it will not, directly or indirectlyindirectly institute, institute or cause to be instituted instituted, against the Issuer or the Trust Estate any insolvency proceeding so long as there shall not have elapsed one year plus one day since the last maturity of the type referred to in the definition of "Bankruptcy Event"; provided that the foregoing shall not in any way limit the Servicer's right to pursue any other creditor rights or remedies that the Servicer may have for claims against the IssuerNotes.
No Proceedings. The Servicer hereby agrees that, from From and after the Closing Effective Date and until the date one, one year plus one, one day following the earlier of the Class C Maturity Date or the Redemption Termination Date, as applicable, it will notno Originator shall, directly or indirectly, institute or cause to be instituted against the Issuer Buyer any proceeding of the type referred to in Sections 8.01(d) and 8.01(e) of the definition of "Bankruptcy Event"; provided that the foregoing shall not in any way limit the Servicer's right to pursue any other creditor rights or remedies that the Servicer may have for claims against the IssuerFunding Agreement.
No Proceedings. The Servicer Borrower hereby agrees that, from and after the Closing Date and until the date one, one year plus one, one day following the earlier date on which all Commercial Paper and other rated indebtedness of the Class C Maturity Date or the Redemption Date, as applicablea Bank Sponsored Lender has been indefeasibly paid in full, it will not, directly or indirectly, institute or cause to be instituted against the Issuer such Bank Sponsored Lender, or join any other Person in instituting or causing to be instituted against such Bank Sponsored Lender, any proceeding of the type referred to in the definition of "Bankruptcy Event"Insolvency Event set forth in the Indenture; provided that that, subject to Section 7.5, the foregoing shall not in any way limit the Servicer's Borrowers right to pursue any other creditor rights or remedies that the Servicer Borrower may have for claims against the Issuerany Bank Sponsored Lender.
No Proceedings. The Noteholders, the Servicer, the Indenture Trustee, the Agent, the Club Trustee and the Backup Servicer each hereby agrees that, from and after the Closing Date and until the date one, year plus one, day following the earlier of the Class C Maturity Date or the Redemption Date, as applicable, that it will not, directly or indirectlyindirectly institute, institute or cause to be instituted instituted, against the Issuer Issuer, the Trust Estate or the Depositor any proceeding of the type referred to in the definition of "Bankruptcy Event"; provided that the foregoing Sections 6.1(d) and (e) hereof, so long as there shall not have elapsed one year plus one day after payment in any way limit full of the Servicer's right to pursue any other creditor rights or remedies that the Servicer may have for claims against the IssuerNotes.
No Proceedings. The Servicer Each party hereto hereby covenants and agrees that on behalf of itself and each of its affiliates, that prior to the date which is one year and one day after the payment in full of all indebtedness for borrowed money of a Conduit Lender, such party will not institute against, or join any other Person in instituting against, such Conduit Lender any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings or other similar proceeding under the laws of the United States or any state of the United States. Each of the parties hereto hereby agrees that, from and after the Closing Date and until the date one, year plus one, day following the earlier of the Class C Maturity Date or the Redemption Date, as applicable, that it will notnot institute against, directly or indirectly, institute or cause to be instituted join any other Person in instituting against the Issuer Borrower any proceeding of the type referred to in the definition of "Bankruptcy Event"; provided that the foregoing Insolvency Proceeding so long as there shall not in any way limit have elapsed one year and one day since the Servicer's right to pursue any other creditor rights or remedies that Final Date. The provisions of this Section 12.9 shall survive the Servicer may have for claims against the Issuertermination of this Agreement.
No Proceedings. The Each Originator and Servicer hereby agrees that, from and after the Closing Date and until the date one, one year plus one, one day following the earlier of the Class C Maturity Date or the Redemption Termination Date, as applicable, it will not, directly or indirectly, institute or cause to be instituted against the Issuer Buyer any proceeding of the type referred to in Sections 8.01(d) and 8.01(e) of the definition of "Bankruptcy Event"; provided that the foregoing shall not in any way limit the Servicer's right to pursue any other creditor rights or remedies that the Servicer may have for claims against the Issuer.Funding Agreement. This
No Proceedings. The Servicer hereby agrees that, from and after the Closing Date and until the date one, one year plus one, one day following the earlier of the Class C Maturity Date or the Redemption Date, as applicable, it will not, directly or indirectly, institute or cause to be instituted against the Issuer any proceeding of the type referred to in the definition of "Bankruptcy Event"; provided that the foregoing shall not in any way limit the Servicer's right to pursue any other creditor rights or remedies that the Servicer may have for claims against the Issuer.
No Proceedings. The Servicer hereby agrees that, from and after the Closing Date and until the date one, one year plus one, one day following the earlier of the Class C B Maturity Date or the Redemption Date, as applicable, it will not, directly or indirectly, institute or cause to be instituted against the Issuer any proceeding of the type referred to in the definition of "Bankruptcy Event"; provided that the foregoing shall not in any way limit the Servicer's right to pursue any other creditor rights or remedies that the Servicer may have for claims against the Issuer.
No Proceedings. The Servicer hereby agrees that, from and after the Closing Date and until the date one, year plus one, day following the earlier of the Class C B Maturity Date or the Redemption Date, as applicable, it will not, directly or indirectly, institute or cause to be instituted against the Issuer any proceeding of the type referred to in the definition of "Bankruptcy Event"; provided that the foregoing shall not in any way limit the Servicer's right to pursue any other creditor rights or remedies that the Servicer may have for claims against the Issuer.
No Proceedings. The Servicer hereby agrees thatEach Originator agrees, from and after for the Closing Date and until the date one, year plus one, day following the earlier benefit of the Class C Maturity Date or parties to the Redemption DateSecond Tier Agreement, as applicable, that it will notnot institute against Buyer, directly or indirectlyjoin any other Person in instituting against Buyer, institute or cause to be instituted against the Issuer any proceeding of the a type referred to in the definition of "Bankruptcy Event"; provided Event until one year and one day after no investment, loan or commitment is outstanding under the Second Tier Agreement. In addition, all amounts payable by Buyer to any Originator pursuant to this Agreement shall be payable solely from funds available for that purpose (after Buyer has satisfied all obligations then due and owing under the foregoing shall not in any way limit the Servicer's right to pursue any other creditor rights or remedies that the Servicer may have for claims against the IssuerSecond Tier Agreement).
No Proceedings. The Servicer hereby Each of Administrative Agent and each Lender agrees that, from and after the Closing Date and until the date one, one year plus one, one day following the earlier of the Class C Maturity Date or the Redemption Termination Date, as applicable, it will not, directly or indirectly, institute or cause to be instituted against the Issuer Borrower any proceeding of the type referred to in Sections 8.01(d) and 8.01(e). This Section 12.14 shall survive the definition termination of "Bankruptcy Event"; provided that the foregoing shall not in any way limit the Servicer's right to pursue any other creditor rights or remedies that the Servicer may have for claims against the Issuerthis Agreement.
No Proceedings. The Noteholders, the Servicer, the Indenture Trustee, the Custodian, the Club Trustee and the Backup Servicer each hereby agrees that, from and after the Closing Date and until the date one, year plus one, day following the earlier of the Class C Maturity Date or the Redemption Date, as applicable, that it will not, directly or indirectlyindirectly institute, institute or cause to be instituted instituted, against the Issuer Issuer, the Trust Estate or the Depositor any proceeding of the type referred to in the definition of "Bankruptcy Event"; provided that the foregoing Sections 6.1(d) and (e) hereof, so long as there shall not have elapsed one year plus one day after payment in any way limit full of the Servicer's right to pursue any other creditor rights or remedies that the Servicer may have for claims against the IssuerNotes.
No Proceedings. The Servicer Investment Manager hereby agrees thatnot to commence, from or join in the commencement of, any proceedings in any jurisdiction for the bankruptcy, winding-up or liquidation of the Company or any similar proceedings, in each case prior to the date that is one year and one day (or if longer, any applicable preference period plus one day) after the Closing Date payment in full of all amounts owing to the Secured Parties under the Loan Documents. The Company may seek and until obtain specific performance of such restrictions (including injunctive relief), including, without limitation, in any bankruptcy, winding-up, liquidation or similar proceedings. The Company shall promptly object to the date oneinstitution of any bankruptcy, year plus onewinding-up, day following liquidation or similar proceedings against it and take all necessary or advisable steps to cause the earlier dismissal of any such proceeding; provided that such obligation shall be subject to the Class C Maturity Date availability of funds therefor. Nothing in this Section 26 shall limit the right of any party hereto to file any claim or the Redemption Date, as applicable, it will not, directly or indirectly, institute or cause otherwise take any action with respect to be instituted against the Issuer any proceeding of the type referred to described in the definition of "Bankruptcy Event"; provided this Section that the foregoing shall not in any way limit the Servicer's right to pursue any other creditor rights or remedies that the Servicer may have for claims was instituted against the IssuerCompany by any Person other than a party hereto.
No Proceedings. The Each Noteholder, the Servicer and the Indenture Trustee hereby agrees that, from and after the Closing Date and until the date one, year plus one, day following the earlier of the Class C Maturity Date or the Redemption Date, as applicable, that it will not, directly or indirectlyindirectly institute, institute or cause to be instituted instituted, against the Issuer or the Trust Estate any proceeding of the type referred to in the definition of "Bankruptcy Event"; provided that the foregoing Section 6.01(e) hereof so long as there shall not in any way limit have elapsed one year plus one day since the Servicer's right to pursue any other creditor rights or remedies that last maturity of the Servicer may have for claims against the IssuerNotes.
No Proceedings. The Servicer hereby agrees that, from and after the Closing Date and until the date one, one year plus one, one day following the earlier of the Class C Maturity Date or the Redemption Date, as applicable, it will not, directly or indirectly, institute or cause to be instituted against the Issuer any proceeding of the type referred to in the definition of "Bankruptcy Event"; provided that the foregoing shall not in any way limit the Servicer's Servicers right to pursue any other creditor rights or remedies that the Servicer may have for claims against the Issuer.
No Proceedings. The Servicer Each of the parties hereto hereby agrees thatthat it will not institute against, from and after or join any other Person in instituting against, the Closing Date and Purchasers any bankruptcy, reorganization, insolvency or similar proceeding until the date one, which is one year plus one, and one day following since the earlier of last day on which any commercial paper notes issued by the Class C Maturity Date or the Redemption Date, as applicable, it will not, directly or indirectly, institute or cause to be instituted against the Issuer any proceeding of the type referred to in the definition of "Bankruptcy Event"; provided that the foregoing Purchasers shall not in any way limit the Servicer's right to pursue any other creditor rights or remedies that the Servicer may have for claims against the Issuermatured.
No Proceedings. The Servicer hereby Each of Administrative Agent, each Managing Agent, each Administrator and each Lender agrees that, from and after the Closing Date and until the date one, one year plus one, one day following the earlier of the Class C Maturity Date or the Redemption Termination Date, as applicable, it will not, directly or indirectly, institute or cause to be instituted against the Issuer Borrower any proceeding of the type referred to in Sections 8.01(d) and 8.01(e). This Section 12.14 shall survive the definition termination of "Bankruptcy Event"; provided that the foregoing shall not in any way limit the Servicer's right to pursue any other creditor rights or remedies that the Servicer may have for claims against the Issuerthis Agreement.
No Proceedings. The Servicer hereby agrees that, from From and after the Closing Effective Date and until the date one, one year plus one, one day following the earlier of the Class C Maturity Date or the Redemption Termination Date, as applicable, it will such Seller shall not, directly or indirectly, institute or cause to be instituted against the Issuer Buyer any proceeding of the type referred to in Sections 8.01(d) and 8.01(e) of the definition of "Bankruptcy Event"; provided that the foregoing shall not in any way limit the Servicer's right to pursue any other creditor rights or remedies that the Servicer may have for claims against the IssuerCredit Agreement.
No Proceedings. The Servicer Servicer, the Backup Servicer, the Custodian, the Lender and the Lender's Bank each hereby agrees that, from and after the Closing Date and until the date one, year plus one, day following the earlier of the Class C Maturity Date or the Redemption Date, as applicable, agree that it will notnot institute against, directly or indirectlyjoin any other Person in instituting against, institute or cause to be instituted against the Issuer Borrower any proceeding proceedings of the type referred to in the definition of "Bankruptcy Event"; provided Event prior to the date that is one year and one day following the foregoing shall not in any way limit the Servicer's right to pursue any other creditor rights or remedies that the Servicer may have for claims against the IssuerCollection Date.
No Proceedings. The Noteholders, the Servicer, the Indenture Trustee, the Funding Agents, the Club Trustee and the Backup Servicer each hereby agrees that, from and after the Closing Date and until the date one, year plus one, day following the earlier of the Class C Maturity Date or the Redemption Date, as applicable, that it will not, directly or indirectlyindirectly institute, institute or cause to be instituted instituted, against the Issuer Issuer, the Trust Estate or the Depositor any proceeding of the type referred to in the definition of "Bankruptcy Event"; provided that the foregoing Sections 6.1(d) and (e) hereof, so long as there shall not have elapsed one year plus one day after payment in any way limit full of the Servicer's right to pursue any other creditor rights or remedies that the Servicer may have for claims against the IssuerNotes.
No Proceedings. The Servicer hereby agrees that, from From and after the Closing Initial Funding Date and until the date one, one year plus one, one day following the earlier of the Class C Maturity Date or the Redemption Termination Date, as applicable, it will the Parent shall not, directly or indirectly, institute or cause to be instituted against the Issuer SPE any proceeding of the type referred to in Sections 8.01(d) and 8.01(e) of the definition of "Bankruptcy Event"; provided that the foregoing shall not in any way limit the Servicer's right to pursue any other creditor rights or remedies that the Servicer may have for claims against the IssuerCredit Agreement.
No Proceedings. The Servicer hereby agrees that, from and after the Closing Date and until the date one, one year plus one, one day following the earlier of the Class C Final Maturity Date or the Redemption Date, as applicable, it will not, directly or indirectly, institute or cause to be instituted against the Issuer any proceeding of the type referred to in the definition of "Bankruptcy Event"; provided that the foregoing shall not in any way limit the Servicer's Servicers right to pursue any other creditor rights or remedies that the Servicer may have for claims against the Issuer.
No Proceedings. The Servicer hereby agrees that, from From and after the Closing Date date hereof and until the date one, one year plus one, one day following the earlier date on which the Outstanding Balance of all Transferred Receivables have been reduced to zero, the Class C Maturity Date or the Redemption Date, as applicable, it will Administrator shall not, directly or indirectly, institute or cause to be instituted against the Issuer Trust any proceeding of the type referred to in the definition of "Bankruptcy Insolvency Event."; provided that the foregoing shall not in any way limit the Servicer's right to pursue any other creditor rights or remedies that the Servicer may have for claims against the Issuer.
No Proceedings. The Servicer hereby agrees that, from and after the Closing Date date hereof and until the date one, one year plus one, one day following the earlier date on which the Outstanding Balances of the Class C Maturity Date or the Redemption Date, as applicableall Transferred Receivables have been reduced to zero, it will not, directly or indirectly, institute or cause to be instituted against the Issuer any proceeding of the type referred to in the definition of "Bankruptcy Event"Section 5.1(d); provided that the foregoing shall not in any way limit the Servicer's right to pursue any other creditor rights or remedies that the Servicer may have for claims against the Issuer.
No Proceedings. The Servicer Portfolio Manager hereby agrees that, from and after the Closing Date and until the date one, year plus one, day following the earlier of the Class C Maturity Date or the Redemption Date, as applicable, that it will not, directly or indirectly, not institute or cause to be instituted against the Issuer Company, or join any other Person in instituting against the Company, any insolvency proceeding (namely, any proceeding of the type referred to in clause (d) or (e) of the definition of "Bankruptcy Event"; provided that Event of Default) so long as any Advances or other amounts due from the Company under the Transaction Documents shall be outstanding or there shall not have elapsed one year plus one day since the last day on which any such Advances or other amounts shall be outstanding. The foregoing shall not in any way limit the ServicerPortfolio Manager's right to pursue file any claim in or otherwise take any action with respect to any insolvency proceeding that was instituted by any Person other creditor rights or remedies that than the Servicer may have for claims against the IssuerPortfolio Manager.
No Proceedings. The Servicer hereby agrees that, from From and after the Closing Date and until the date one, one year plus one, one day following the earlier of date on which the Class C Maturity Date or Commercial Paper with the Redemption Datelatest maturity has been paid in full in cash, as applicableParent Guarantor shall not, it will notand shall not permit any Originator to, and no Originator shall, directly or indirectly, institute or cause to be instituted against the Issuer Buyer or Conduit Purchaser any proceeding of the type referred to in Sections 9.01(c) and 9.01(d) of the definition of "Bankruptcy Event"; provided that the foregoing shall not in any way limit the Servicer's right to pursue any other creditor rights or remedies that the Servicer may have for claims against the IssuerPurchase Agreement.
No Proceedings. The Noteholder, the Servicer, the Collateral Agent, the Custodian, the Club Trustee and the Backup Servicer each hereby agrees that, from and after the Closing Date and until the date one, year plus one, day following the earlier of the Class C Maturity Date or the Redemption Date, as applicable, that it will not, directly or indirectlyindirectly institute, institute or cause to be instituted instituted, against the Issuer Note Issuer, the Timeshare Loans Collateral or the Depositor any proceeding of the type referred to in the definition of "Bankruptcy Event"; provided that the foregoing Sections 6.1(d) and (e) hereof, so long as there shall not have elapsed one year plus one day after payment in any way limit full of the Servicer's right to pursue any other creditor rights or remedies that the Servicer may have for claims against the IssuerNote.
No Proceedings. The Servicer Noteholders and the Indenture Trustee each hereby agrees that, from and after the Closing Date and until the date one, year plus one, day following the earlier of the Class C Maturity Date or the Redemption Date, as applicable, that it will not, directly or indirectlyindirectly institute, institute or cause to be instituted instituted, against the Issuer or the Trust Estate any proceeding of the type referred to in the definition of "Bankruptcy Event"; provided that the foregoing Section 5.01(f) hereof so long as there shall not in any way limit have elapsed one year plus one day since the Servicer's right to pursue any other creditor rights or remedies that the Servicer may have for claims against the IssuerStated Maturity Date.
Appears in 1 contract Indenture (Encore Capital Group Inc),
No Proceedings. The Servicer hereby agrees that, from and after the Closing Date and until the date one, one year plus one, one day following the earlier date on which the Outstanding Balances of the Class C Maturity Date or the Redemption Date, as applicableall Underlying Receivables have been reduced to zero, it will not, directly or indirectly, institute or cause to be instituted against the Issuer any proceeding of the type referred to in the definition of "Bankruptcy Event"Section 5.1(d); provided that the foregoing shall not in any way limit the Servicer's Servicers right to pursue any other creditor rights or remedies that the Servicer may have for claims against the Issuer.
No Proceedings. The Servicer hereby agrees that, from From and after the Closing Date and until the date one, one year plus one, one day following the earlier of the Class C Maturity Date or the Redemption Termination Date, as applicable, it will not, the Originator shall not directly or indirectly, institute or cause to be instituted against the Issuer Buyer any involuntary proceeding of the type referred to in Section 7.01(g) of the definition of "Bankruptcy Event"; provided that the foregoing shall not in any way limit the Servicer's right to pursue any other creditor rights or remedies that the Servicer may have for claims against the IssuerPurchase Agreement.
No Proceedings. There are no proceedings or investigations pending or, to the best of its knowledge, threatened, against it before any Governmental Authority (i) asserting the invalidity of this Agreement, (ii) seeking to prevent the consummation of any of the transactions contemplated by this Agreement, or (iii) seeking any determination or ruling that might (in its reasonable judgment) have a Material Adverse Effect. Section 7.20 Covenants of the Backup Servicer. The Backup Servicer hereby agrees covenants that: (a) Compliance with Law. The Backup Servicer will comply in all material respects with all Applicable Laws. (b) Preservation of Existence. The Backup Servicer will preserve and maintain its existence, from rights, franchises and privileges as a national banking association in good standing under the laws of the United States. (c) No Bankruptcy Petition. With respect to each Lender, prior to the date that is one year and one day (or such longer preference period as shall then be in effect) after the Closing Date and until payment in full of all amounts owing in respect of all outstanding commercial paper issued by such Lender and, with respect to the Borrower, prior to the date one, that is one year plus one, and one day following (or such longer preference period as shall then be in effect) after the earlier of the Class C Maturity Date or the Redemption Collection Date, as applicable, it will notnot institute against the Borrower or such Lender, directly or indirectlyjoin any other Person in instituting against the Borrower or such Lender, institute any Insolvency Proceedings or cause other similar proceedings under the laws of the United States or any state of the United States. This Section 7.20(c) will survive the termination of this Agreement. (d) No Changes in Backup Servicer Fee. The Backup Servicer will not make any changes to Backup Servicer Fee set forth in the Backup Servicer and Custodian Fee Letter without the prior written approval of the Administrative Agent. Section 7.21 Statements and Reports. (a) Periodic Reports. No later than 5:00 p.m. (New York City time) on each Reporting Date, the Servicer shall deliver to the Administrative Agent, the Backup Servicer, the Collateral Custodian and each Hedge Counterparty, by electronic transmission, a report (the Periodic Report), setting forth the date of such report (day, month and year), the name of the Borrower and the date of this Agreement, all in substantially the form set out in Exhibit A hereto. The Periodic Report shall set forth the aggregate Revolver Paydown Amount to be instituted against transferred to the Issuer any proceeding Collection Account on the following Payment Date. In addition, the Servicer shall provide to the Lenders and the Administrative Agent such additional reports and information regarding the Collateral Debt Obligations and the Related Property as the Required Lenders or the Administrative Agent may reasonably request from time to time. (b) Additional Reporting After Servicer Potential Termination Event or Servicer Termination Event. Upon the occurrence of a Servicer Potential Termination Event or a Servicer Termination Event, the Servicer promptly shall notify the Administrative Agent, the Backup Servicer and each Hedge Counterparty thereof. After the occurrence and during the continuance of a Servicer Potential Termination Event or a Servicer Termination Event, the Servicer shall provide to the Administrative Agent, promptly following the Administrative Agents request therefor, such documents, reports and other information relating to the Collateral (and in such form, scope and detail) as the Administrative Agent may request. (c) Servicers Certificate. Each Periodic Report delivered pursuant to Section 7.21(a) shall be accompanied by a certificate of a Responsible Officer of the type referred to in Servicer (a Servicers Certificate) certifying the definition accuracy of "Bankruptcy Event"the Periodic Report and that no Servicer Potential Termination Event or Servicer Termination Event has occurred, or if such event has occurred and is continuing, specifying the event and its status. (d) Other Data; provided that the foregoing shall not in any way limit the Servicer's right to pursue any other creditor rights or remedies that the Servicer may have for claims against the Issuer.Financial Information. The Servicer shall:
Appears in 1 contract Credit Agreement (Capitalsource Inc),
No Proceedings. The Master Servicer hereby agrees that, from and after the Closing Date and until the date one, one year plus one, one day following the earlier date on which the outstanding balances of the Class C Maturity Date all Transferred Receivables have been reduced to zero, it has not instituted or the Redemption Date, as applicable, caused to be instituted and it will not, directly or indirectly, institute or cause to be instituted against the Issuer Owner any proceeding of the type referred to in the definition of "Bankruptcy Event"Section 5.1(e); provided that the foregoing shall not in any way limit the Master Servicer's right to pursue any other creditor rights or remedies that the Master Servicer may have for claims against the IssuerOwner.
No Proceedings. The Servicer Each of the parties hereto hereby agrees thatthat it will not institute against, from and after or join any other Person in instituting against, the Closing Date and Primary Purchaser any bankruptcy, reorganization, insolvency or similar proceeding until the date one, which is one year plus one, and one day following since the earlier of last day on which any commercial paper notes or medium-term notes issued by the Class C Maturity Date or the Redemption Date, as applicable, it will not, directly or indirectly, institute or cause to be instituted against the Issuer any proceeding of the type referred to in the definition of "Bankruptcy Event"; provided that the foregoing Primary Purchaser shall not in any way limit the Servicer's right to pursue any other creditor rights or remedies that the Servicer may have for claims against the Issuermatured.
No Proceedings. The Master Servicer hereby agrees that, from and after the Closing Date and until the date one, one year plus one, one day following the earlier date on which the outstanding balances of the Class C Maturity Date all Transferred Receivables have been reduced to zero, it has not instituted or the Redemption Date, as applicable, caused to be instituted and it will not, directly or indirectly, institute or cause to be instituted against the Issuer Owner any proceeding of the type referred to in the definition of "Bankruptcy Event"Section 5.1(e); provided that the foregoing shall not in any way limit the Servicer's Master Servicers right to pursue any other creditor rights or remedies that the Master Servicer may have for claims against the IssuerOwner.
Appears in 1 contract Master Note (CDF Funding, Inc.),
No Proceedings. The Servicer Custodian hereby agrees that, from and after the Closing Date and until the date one, year plus one, day following the earlier of the Class C Maturity Date or the Redemption Date, as applicable, that it will notnot institute against, directly or indirectlyjoin any other Person in instituting against, institute or cause to be instituted against the Issuer Borrower any proceeding proceedings of the type referred to in the definition of "Bankruptcy Event"; provided that Event of Bankruptcy" in the foregoing Loan Agreement until there shall not in any way limit have elapsed one year and one day since the Servicer's right to pursue any other creditor rights or remedies that Final Payout Date under the Servicer may have for claims against the IssuerLoan Agreement.
No Proceedings. The Servicer hereby agrees that, from and after the Closing Date and until Until the date one, one year plus one, one day following the earlier of the Class C Maturity Date or the Redemption Termination Date, as applicable, it will notno Originator shall, directly or indirectly, institute or cause to be instituted against the Issuer Buyer any proceeding of the type referred to in Sections 8.01(d) and 8.01(e) of the definition of "Bankruptcy Event"; provided that the foregoing shall not in any way limit the Servicer's right to pursue any other creditor rights or remedies that the Servicer may have for claims against the IssuerPurchase Agreement.
No Proceedings. The Each Originator and Servicer hereby agrees that, from and after the Closing Date and until the date one, one year plus one, one day following the earlier of the Class C Maturity Date or the Redemption Termination Date, as applicable, it will not, directly or indirectly, institute or cause to be instituted against the Issuer Buyer any proceeding of the type referred to in Sections 8.01(d) and 8.01(e) of the definition of "Bankruptcy Event"; provided that the foregoing shall not in any way limit the Servicer's right to pursue any other creditor rights or remedies that the Servicer may have for claims against the Issuer.Purchase Agreement. This
No Proceedings. The Servicer MedPro hereby agrees that, from and after the Closing Date and until the date one, year plus one, day following the earlier of the Class C Maturity Date or the Redemption Date, as applicable, that it will not, directly or indirectly, not institute or cause to be instituted against the Issuer any proceeding of the type referred to in the definition of "Bankruptcy Event"; provided that the foregoing shall not in any way limit the Servicer's right to pursue any other creditor rights or remedies that the Servicer may have for claims against the Issuer, or join any Person in instituting against the Issuer, any insolvency or similar proceeding (namely, any Voluntary Bankruptcy or Involuntary Bankruptcy) until one year and one day after the date on which the Notes have been paid in full. The provisions of this Section 9.12 shall survive the termination of this Agreement.
No Proceedings. The Servicer hereby agrees that, from From and after the Closing Date date hereof and until the date one, one year plus one, one day following the earlier date on which the outstanding balances of all Transferred Receivables have been reduced to zero, the Class C Maturity Date or the Redemption Date, as applicable, it will Successor Servicer shall not, directly or indirectly, institute or cause to be instituted against the Issuer Owner a case under any proceeding of the type referred to in the definition of "Bankruptcy Event"Debtor Relief Law; provided that the foregoing shall not in any way limit the Servicer's Successor Servicers right to pursue any other creditor rights or remedies that the Successor Servicer may have for claims against the Issuerunder any applicable law.
Appears in 1 contract
No Proceedings. The Servicer hereby agrees that, from From and after the Closing Date date hereof and until the date one, one year plus one, one day following the earlier date on which the outstanding balances of all Transferred Receivables have been reduced to zero, the Class C Maturity Date or the Redemption Date, as applicable, it will Successor Servicer shall not, directly or indirectly, institute or cause to be instituted against the Issuer Owner a case under any proceeding of the type referred to in the definition of "Bankruptcy Event"Debtor Relief Law; provided that the foregoing shall not in any way limit the Successor Servicer's right to pursue any other creditor rights or remedies that the Successor Servicer may have for claims against the Issuerunder any applicable law.
Appears in 1 contract
No Proceedings. The Servicer hereby agrees thatEACH OF SELLERS, from and after the Closing Date and until the date oneTHE SERVICER, year plus oneTHE GUARANTOR, day following the earlier of the Class C Maturity Date or the Redemption DateAND BUYERS HEREBY AGREES THAT IT WILL NOT INSTITUTE AGAINST, as applicableOR JOIN ANY OTHER PERSON IN INSTITUTING AGAINST, it will notANY BUYER OR THE ADMINISTRATIVE AGENT, directly or indirectlyANY PROCEEDINGS OF THE TYPES REFERRED TO IN THE DEFINITION OF INSOLVENCY EVENT BELOW UNTIL ONE YEAR AND ONE DAY SHALL HAVE ELAPSED SINCE THE LATER OF (I) THE DAY (FOLLOWING THE TERMINATION DATE) ON WHICH ALL OBLIGATIONS OF SELLERS AND THE GUARANTOR UNDER THIS AGREEMENT, institute or cause to be instituted against the Issuer any proceeding of the type referred to in the definition of "Bankruptcy Event"; provided that the foregoing shall not in any way limit the Servicer's right to pursue any other creditor rights or remedies that the Servicer may have for claims against the Issuer.THE SIDE LETTER, THE GUARANTY AND ALL OTHER PROGRAM DOCUMENTS SHALL HAVE BEEN PAID IN FULL AND (II) THE LAST DAY ON WHICH ANY COMMERCIAL PAPER ISSUED FROM TIME TO TIME BY ANY BUYER REMAINS OUTSTANDING. AS USED HEREIN, INSOLVENCY EVENT MEANS, FOR ANY BUYER OR THE ADMINISTRATIVE AGENT:
No Proceedings. The Servicer Each of the parties hereto hereby agrees thatthat it will not institute against, from and after the Closing Date and or join any other Person in instituting against, any Purchaser or SPARC any bankruptcy, reorganization, insolvency or similar proceeding until the date one, which is one year plus one, and one day following since the earlier of the Class C Maturity Date last day on which any commercial paper notes issued by such Purchaser or the Redemption DateSPARC, as applicablethe case may be, it will not, directly or indirectly, institute or cause to be instituted against the Issuer any proceeding of the type referred to in the definition of "Bankruptcy Event"; provided that the foregoing shall not in any way limit the Servicer's right to pursue any other creditor rights or remedies that the Servicer may have for claims against the Issuermatured.
No Proceedings. The Each of the Seller and each Servicer hereby agrees that, from and after the Closing Date and until the date one, one year plus one, one day following the earlier of date on which the Class C Maturity Date or Commercial Paper with the Redemption Date, as applicablelatest maturity has been paid in full in cash, it will not, directly or indirectly, institute or cause to be instituted against the Issuer Conduit Purchaser or the Committed Purchaser any proceeding of the type referred to in Sections 9.01(c) and 9.01(d). This Section 14.06 shall survive the definition termination of "Bankruptcy Event"; provided that the foregoing shall not in any way limit the Servicer's right to pursue any other creditor rights or remedies that the Servicer may have for claims against the Issuerthis Agreement.
Appears in 1 contract Servicing Agreement (K2 Inc),
No Proceedings. The Servicer hereby agrees that, from From and after the Closing Date and until the date one, one year plus one, one day following the earlier of the Class C Maturity Date or the Redemption Termination Date, as applicable, it will such Originator shall not, directly or indirectly, institute or cause to be instituted against the Issuer any Buyer any proceeding of the type referred to in Sections 8.01(d) and 8.01(e) of the definition of "Bankruptcy Event"; provided that the foregoing shall not in any way limit the Servicer's right to pursue any other creditor rights or remedies that the Servicer may have for claims against the IssuerPurchase Agreement.
No Proceedings. The Each of the Seller and the Servicer hereby agrees that, from and after the Closing Date and until the date one, one year plus one, one day following the earlier of date on which the Class C Maturity Date or Commercial Paper with the Redemption Date, as applicablelatest maturity has been indefeasibly paid in full in cash, it will not, directly or indirectly, institute or cause to be instituted against the Issuer Conduit Purchaser any proceeding of the type referred to in Sections 9.01(c) and 9.01(d). This Section 14.06 shall survive the definition termination of "Bankruptcy Event"; provided that the foregoing shall not in any way limit the Servicer's right to pursue any other creditor rights or remedies that the Servicer may have for claims against the Issuerthis Agreement.
No Proceedings. The Servicer hereby agrees that, from From and after the Closing Effective Date and until the date one, one year plus one, one day following the earlier of the Class C Maturity Date or the Redemption Termination Date, as applicable, it will notno Originator shall, directly or indirectly, institute or cause to be instituted against the Issuer Buyer any proceeding of the type referred to in Sections 8.01(d) and 8.01(e) of the definition of "Bankruptcy Event"; provided that the foregoing shall not in any way limit the Servicer's right to pursue any other creditor rights or remedies that the Servicer may have for claims against the IssuerFunding Agreement.
No Proceedings. The Each Originator and Servicer hereby agrees that, from and after the Closing Date and until the date one, one year plus one, one day following the earlier of the Class C Maturity Date or the Redemption Termination Date, as applicable, it will not, directly or indirectly, institute or cause to be instituted against the Issuer Buyer any proceeding of the type referred to in the definition of "Bankruptcy Event"; provided that the foregoing shall not in any way limit the Servicer's right to pursue any other creditor rights or remedies that the Servicer may have for claims against the Issuer.in
No Proceedings. The Servicer hereby agrees thatNotwithstanding the removal of each Subject Originator as a party to the Sale Agreement, from the TAA and after the Closing Date other Transaction Documents hereby, each Subject Originator covenants and until agrees, for the date one, year plus one, day following the earlier benefit of the Class C Maturity Date or remaining parties to the Redemption DateSale Agreement and the TAA, as applicable, that it will not, directly or indirectly, shall not institute or cause to be instituted against the Issuer SPV, or join any other Person in instituting against the SPV, any proceeding of the a type referred to in the TAA's definition of "Event of Bankruptcy Event"; provided that until one (1) year and one (1) day after the foregoing Final Payment Date. This Section 10 shall not in survive the transactions contemplated hereby and any way limit the Servicer's right to pursue any other creditor rights or remedies that the Servicer may have for claims against the Issuertermination of this Agreement.
Appears in 1 contract Amendment (Ashland Inc.),
No Proceedings. The Servicer hereby agrees that, from From and after the Closing Date and until the date one, one year plus one, one day following the earlier of the Class C Maturity Date or the Redemption Termination Date, as applicable, it will such Seller shall not, directly or indirectly, institute or cause to be instituted against the Issuer Buyer any proceeding of the type referred to in Sections 8.01(d) and 8.01(e) of the definition of "Bankruptcy Event"; provided that the foregoing shall not in any way limit the Servicer's right to pursue any other creditor rights or remedies that the Servicer may have for claims against the IssuerCredit Agreement.
No Proceedings. The Servicer hereby agrees that, from From and after the Closing Date date hereof and until the date one, one year plus one, one day following the earlier date on which the Outstanding Balance of all Transferred Receivables have been reduced to zero, the Class C Maturity Date or the Redemption Date, as applicable, it will Successor Administrator shall not, directly or indirectly, institute or cause to be instituted against the Issuer Trust any proceeding of the type referred to in the definition of "Bankruptcy Insolvency Event"; provided that the foregoing shall not in any way limit the ServicerSuccessor Administrator's right to pursue any other creditor rights or remedies that the Servicer Successor Administrator may have for claims against the Issuerunder any applicable law.
Appears in 1 contract
No Proceedings. The Servicer hereby covenants and agrees thatthat it will not institute against, from or join any other Person in instituting against, the Borrower any Insolvency Proceeding until one year and one day after the Closing Date and until Final Payout Date; provided, that the date one, year plus one, day Administrative Agent may take any such action in its sole discretion following the earlier occurrence of the Class C Maturity Date or the Redemption Date, as applicable, it will not, directly or indirectly, institute or cause to be instituted against the Issuer any proceeding an Event of the type referred to in the definition of "Bankruptcy Event"; provided that the foregoing shall not in any way limit the Servicer's right to pursue any other creditor rights or remedies that the Servicer may have for claims against the IssuerDefault.
No Proceedings. The Each of the Seller and the Servicer hereby agrees that, from and after the Closing Date and until the date one, one year plus one, one day following the earlier of date on which the Class C Maturity Date or Commercial Paper with the Redemption Date, as applicablelatest maturity has been indefeasibly paid in full in cash, it will not, directly or indirectly, institute or cause to be instituted against the Issuer Conduit Purchaser or the Committed Purchaser any proceeding of the type referred to in Sections 9.01(c) and 9.01(d). This Section 14.06 shall survive the definition termination of "Bankruptcy Event"; provided that the foregoing shall not in any way limit the Servicer's right to pursue any other creditor rights or remedies that the Servicer may have for claims against the Issuerthis Agreement.
No Proceedings. The Servicer hereby agrees that, from From and after the Closing Date and until the date one, one year plus one, one day following the earlier of the Class C Maturity Date or the Redemption Termination Date, as applicable, it will the Administrative Agent shall not, directly or indirectly, institute or cause to be instituted against the Issuer Trust any proceeding of the type referred to in the definition of "Bankruptcy Event"; provided that the foregoing shall not in any way limit the Servicer's right to pursue any other creditor rights or remedies that the Servicer may have for claims against the Issuer.
No Proceedings. The Servicer hereby agrees that, from From and after the Closing Date and until the date one, one year plus one, one day following the earlier of the Class C Maturity Date or the Redemption Termination Date, as applicable, it will such Transferor shall not, directly or indirectly, institute or cause to be instituted against the Issuer Buyer any proceeding of the type referred to in Sections 8.01(d) and 8.01(e) of the definition of "Bankruptcy Event"; provided that the foregoing shall not in any way limit the Servicer's right to pursue any other creditor rights or remedies that the Servicer may have for claims against the IssuerPurchase Agreement.
No Proceedings. The Each of the Transferors and Servicer hereby agrees that, from and after the Closing Date and until the date one, one year plus one, one day following the earlier of the Class C Maturity Date or the Redemption Termination Date, as applicable, it will not, directly or indirectly, institute or cause to be instituted against the Issuer Buyer any proceeding of the type referred to in Sections 8.01(d) and 8.01(e) of the definition Purchase Agreement. This Section 9.06 shall survive the termination of "Bankruptcy Event"; provided that the foregoing shall not in any way limit the Servicer's right to pursue any other creditor rights or remedies that the Servicer may have for claims against the Issuerthis Agreement.
No Proceedings. The Servicer Each of the parties hereto hereby agrees that, from and after the Closing Date and until the date one, year plus one, day following the earlier of the Class C Maturity Date or the Redemption Date, as applicable, that it will not, directly or indirectly, not institute or cause to be instituted against the Issuer Borrower, Gotham or VFCC, or join any Person in instituting against the Borrower, Gotham or VFCC, any insolvency proceeding (namely, any proceeding of the type referred to in the definition of "Bankruptcy Event"; provided that Event of Bankruptcy) so long as any Obligations (in the foregoing case of the Borrower) or any Commercial Paper Notes or other senior Indebtedness issued by Gotham or VFCC, as the case may be, shall be outstanding or there shall not in have elapsed one year plus one day since the last day on which any way limit the Servicer's right to pursue any such Obligations and Commercial Paper Notes or other creditor rights or remedies that the Servicer may senior Indebtedness shall have for claims against the Issuerbeen outstanding. The parties obligations under this Section 14.6 shall survive termination of this Agreement.
No Proceedings. The Each Originator and Servicer hereby agrees that, from and after the Closing Date and until the date one, one year plus one, one day following the earlier of the Class C Maturity Date or the Redemption Termination Date, as applicable, it will not, directly or indirectly, institute or cause to be instituted against the Issuer Buyer any proceeding of the type referred to in Sections 8.01(d) and 8.01(e) of the definition Funding Agreement. This Section 9.06 shall survive the termination of "Bankruptcy Event"; provided that the foregoing shall not in any way limit the Servicer's right to pursue any other creditor rights or remedies that the Servicer may have for claims against the Issuerthis Agreement.