Common use of Agreement Not to Petition Clause in Contracts

Agreement Not to Petition. Each of the Trustees and the Depositor agrees for the benefit of the Security Holders that, until at least one year and one day after the Trust has been dissolved in accordance with Article 9, it shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, insolvency, reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.9, the Property Trustee agrees, for the benefit of Security Holders, that, at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustee or the Trust may assert. The provisions of this Section 10.9 shall survive the dissolution of this Trust Agreement.

Agreement Not to Petition. Each of the Issuer Trustees and the Depositor agrees agree for the benefit of the Security Holders that, until at least one year and one day after the Issuer Trust has been dissolved in accordance with Article 9IX, it they shall not file, or join in the filing of, a petition against the Issuer Trust under any bankruptcy, insolvency, Trust Agreement reorganization or other similar law (including, without limitation, including the United States Bankruptcy Code) (collectively, "“Bankruptcy Laws"”) or otherwise join in the commencement of any proceeding against the Issuer Trust under any Bankruptcy Law. In the event that the Depositor takes action in violation of this Section 10.912.10, the Property Trustee agrees, for the benefit of Security Holders, that, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Issuer Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Issuer Trustee or the Issuer Trust may assert. The provisions of this Section 10.9 12.9 shall survive the dissolution termination of this Trust Agreement.

Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Security Holders Securityholders that, until at least one year and one day after the Trust has been dissolved terminated in accordance with Article 9IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, reorganization liquidation or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.910.10, the Property Trustee agrees, for the benefit of Security HoldersSecurityholders, that, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Property Trustee or the Trust may assert. The provisions of this Section 10.9 10.10 shall survive the dissolution termination of this Trust Agreement.

Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Security Holders Securityholders that, until at least one year and one day after the Trust has been dissolved terminated in accordance with 45 50 Article 9IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, insolvency, reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.9, the Property Trustee agrees, for the benefit of Security HoldersSecurityholders, that, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustee or the Trust may assert. The provisions of this Section 10.9 shall survive the dissolution termination of this Trust Agreement.

Agreement Not to Petition. Each of the Trustees and the ------------------------- Depositor agrees agree for the benefit of the Security Holders Securityholders that, until at least one year and one day after the Trust has been dissolved terminated in accordance with Article 9IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, insolvency, reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy LawLaws. In the event the Depositor takes action in violation of this Section 10.910.10, the Property Trustee agrees, for the benefit of Security HoldersSecurityholders, that, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped estopped and precluded therefrom and such other defenses, if any, as counsel for the Trustee or the Trust may assert. The provisions of this Section 10.9 10.10 shall survive the dissolution termination of this Trust AgreementDeclaration of Trust.

Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Security Holders Securityholders that, until at least one year and one day after the Trust has been dissolved terminated in accordance with Article 9IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, reorganization liquidation or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.910.08, the Property Trustee agrees, for the benefit of Security HoldersSecurityholders, that, at the expense of the Depositor, it shall the Property Trustee will file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped estopped and precluded therefrom and such other defenses, if any, as counsel for the Trustee or the Trust may assert. The provisions of this Section 10.9 10.08 shall survive the dissolution termination of this Trust Agreement.

Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Security Holders Securityholders that, until at least one year and one day after the Trust has been dissolved in accordance with Article 9IX, it they shall not file, or join in ---------- the filing of, a petition against the Trust under any bankruptcy, insolvency, reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.9, the ------------ Property Trustee agrees, for the benefit of Security HoldersSecurityholders, that, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustee or the Trust may assert. The provisions of this Section 10.9 shall survive the dissolution ------------ termination of this Trust Agreement.

Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Security Holders Securityholders that, until at least one year and one day after the Trust has been dissolved terminated in accordance with Article 9IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, insolvency, reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy LawsBANKRUPTCY LAWS") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.9, the Property Trustee agrees, for the benefit of Security HoldersSecurityholders, that, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustee or the Trust may assert. The provisions of this Section 10.9 shall survive the dissolution termination of this Trust Agreement.

Agreement Not to Petition. Each of the Trustees and the ------------------------- Depositor agrees for the benefit of the Security Holders Securityholders that, until at least one year and one day after the Trust has been dissolved terminated in accordance with Article 9, it shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, insolvency, reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.9, the Property Trustee agrees, for the benefit of Security HoldersSecurityholders, that, at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustee or the Trust may assert. The provisions of this Section 10.9 shall survive the dissolution termination of this Trust Agreement.

Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Security Holders Securityholders that, until at least one year and one day after the Trust has been dissolved terminated in accordance with Article 9IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, reorganization liquidation or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.910.10, the Property Trustee agrees, for the benefit of Security HoldersSecurityholders, that, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Property Trustee or -55- 61 the Trust may assert. The provisions of this Section 10.9 10.10 shall survive the dissolution termination of this Trust Agreement.

Agreement Not to Petition. Each To the extent permitted by applicable law, each of the Trustees and the Depositor agrees agree for the benefit of the Security Holders Securityholders that, until at least one year and one day after the Trust has been dissolved terminated in accordance with Article 9IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, insolvency, reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "“Bankruptcy Laws"”) or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.9, the Property Trustee agrees, for the benefit of Security HoldersSecurityholders, that, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustee or the Trust may assert. The provisions of this Section 10.9 shall survive the dissolution termination of this Trust Agreement.

Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Security Holders Securityholders that, until at least one year and one day after the Trust has been dissolved terminated in accordance with Article 9IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, insolvency, reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.9, the Property Trustee agrees, for the benefit of Security Holders54 Securityholders, that, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustee or the Trust may assert. The provisions of this Section 10.9 shall survive the dissolution termination of this Trust Agreement.

Agreement Not to Petition. Each of the Issuer Trustees and the Depositor agrees agree for the benefit of the Security Holders that, until at least one year and one day after the Issuer Trust has been dissolved in accordance with Article 9IX, it they shall not file, or join in the filing of, a petition against the Issuer Trust under any bankruptcy, insolvency, reorganization or other similar law (including, without limitation, including the United States Bankruptcy Code) (collectively, "“Bankruptcy Laws"”) or otherwise join in the commencement of any proceeding against the Issuer Trust under any Bankruptcy Law. In the event that the Depositor takes action in violation of this Section 10.912.10, the Property Trustee agrees, for the benefit of Security Holders, that, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Issuer Trust or the commencement of such action and raise the defense that the Trust Agreement Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Issuer Trustee or the Issuer Trust may assert. The provisions of this Section 10.9 12.9 shall survive the dissolution termination of this Trust Agreement.

Agreement Not to Petition. Each of the Trustees and the ------------------------- Depositor agrees agree for the benefit of the Security Holders Securityholders that, until at least one year and one day after the Trust has been dissolved terminated in accordance with Article 9IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, reorganization liquidation or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.910.10, the Property Trustee agrees, for the benefit of Security HoldersSecurityholders, that, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Property Trustee or the Trust may assert. The provisions of this Section 10.9 10.10 shall survive the dissolution termination of this Trust Agreement.

Agreement Not to Petition. Each of the Trustees and ------------------------- the Depositor agrees agree for the benefit of the Security Holders Securityholders that, until at least one year and one day after the Trust has been dissolved terminated in accordance with Article 9IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, reorganization liquidation or other similar law (including, without limitation, the United States Federal Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.910.08, the Property Trustee agrees, for the benefit of Security HoldersSecurityholders, that, that at the expense of the Depositor, Depositor it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Property Trustee or the Trust may assert. The provisions of this Section 10.9 10.08 shall survive the dissolution termination of this Trust Agreement.

Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Security Holders Securityholders that, until at least one year and one day after the Trust has been dissolved terminated in accordance with Article 9IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, reorganization liquidation or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.910.08, the Property Trustee agrees, for the benefit of Security HoldersSecurit- yholders, that, that at the expense of the Depositor, Depositor it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustee or the Trust may assert. The provisions of this Section 10.9 10.08 shall survive the dissolution termination of this Trust Agreement.

Agreement Not to Petition. Each of the Trustees and the Depositor agrees for the benefit of the Security Holders Securityholders that, until at least one year and one day after the Trust has been dissolved in accordance with Article 9, it shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, insolvency, reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.9, the Property Trustee agrees, for the benefit of Security HoldersSecurityholders, that, at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustee or the Trust may assert. The provisions of this Section 10.9 shall survive the dissolution of this Trust AgreementDeclaration.