Common use of Bankruptcy Petition Clause in Contracts

Bankruptcy Petition. Each of Seller, the Servicer, the Collateral Agent, the Managing Agents and each Committed Purchaser hereby covenants and agrees that, prior to the date that is one year and one day after the payment in full of all outstanding senior Indebtedness of a Conduit Purchaser, it will not institute against, or join any other Person in instituting against, such Conduit Purchaser, 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.

Appears in 9 contracts

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

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Bankruptcy Petition. Each of Seller, the Servicer, the Collateral Agent, the Managing Agents and each Committed Purchaser the Purchasers hereby covenants and agrees that, prior to the date that is one year and one day after the payment in full of all outstanding senior Indebtedness indebtedness of a Conduit Purchaserthe Conduit, it will not institute against, or join any other Person in instituting against, such the Conduit Purchaser, 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.

Appears in 9 contracts

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

Bankruptcy Petition. Each of Seller, the Servicer, the Collateral Agent, the Managing Agents Agent and each Committed Purchaser Financial Institution hereby covenants and agrees that, prior to the date that is one year and one day after the payment in full of all outstanding senior Indebtedness indebtedness of a Conduit PurchaserConduit, it will not institute against, or join any other Person in instituting against, such Conduit Purchaser, 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.

Appears in 8 contracts

Samples: Receivables Purchase Agreement (Performance Food Group Co), Receivables Purchase Agreement (SCP Pool Corp), Receivables Purchase Agreement (Graybar Electric Co Inc)

Bankruptcy Petition. Each of Seller, the Servicer, the Collateral Agent, the Managing Agents Agent and each Committed Purchaser Financial Institution hereby covenants and agrees that, prior to the date that is one year and one day after the payment in full of all outstanding senior Indebtedness indebtedness of a Conduit PurchaserConduit, it will not institute against, or join any other Person in instituting against, Conduit or any such Conduit Purchaser, entity 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.

Appears in 6 contracts

Samples: Receivables Purchase Agreement (Meredith Corp), Receivables Purchase Agreement (Pennsylvania Power Co), Receivables Purchase Agreement (Pennsylvania Electric Co)

Bankruptcy Petition. Each of SellerBorrower, the Servicer, the Collateral Agent, the Managing Agents and each Committed Purchaser Lender hereby covenants and agrees that, prior to the date that is one year and one day after the payment in full of all outstanding senior Indebtedness indebtedness of a Conduit Purchaserany Conduit, it will not institute against, or join any other Person in instituting against, such Conduit Purchaser, 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.

Appears in 6 contracts

Samples: Credit Agreement (Rock-Tenn CO), Assignment Agreement (Smithfield Foods Inc), Assignment Agreement (Smithfield Foods Inc)

Bankruptcy Petition. Each of Seller, the Servicer, the Collateral Agent, the Managing Agents Agent and each Committed Purchaser hereby covenants and agrees that, prior to the date that is one year and one day after the payment in full of all outstanding senior Indebtedness indebtedness of any Company or any Funding Source that is a Conduit Purchaserspecial purpose bankruptcy remote entity, it will not institute against, or join any other Person in instituting against, any Company or any such Conduit Purchaser, entity 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.

Appears in 6 contracts

Samples: Receivables Purchase Agreement (Avnet Inc), Receivables Purchase Agreement (Avnet Inc), Receivables Purchase Agreement (Avnet Inc)

Bankruptcy Petition. Each of Seller, the Servicer, the Collateral Agent, the Managing Agents (a) Originator and Buyer each Committed Purchaser hereby covenants and agrees that, prior to the date that is one year and one day after the payment in full of all outstanding senior Indebtedness of a each Conduit PurchaserInvestor, it will not institute against, or join any other Person in instituting against, such Conduit Purchaser, Investor 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.

Appears in 5 contracts

Samples: Receivables Sale Agreement (Colorado Interstate Gas Co), Receivables Sale Agreement (Anr Pipeline Co), Receivables Sale Agreement (Southern Natural Gas Co)

Bankruptcy Petition. Each of Seller, the Servicer, the Collateral each Managing Agent, the Managing Agents Agent and each Committed Purchaser hereby covenants and agrees that, prior to the date that is one year and one day after the payment in full of all outstanding senior Indebtedness indebtedness of any Conduit or any Funding Source that is a Conduit Purchaserspecial purpose bankruptcy remote entity, it will not institute against, or join any other Person in instituting against, any Conduit or any such Conduit Purchaser, entity 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.

Appears in 5 contracts

Samples: Receivables Purchase Agreement (Cardinal Health Inc), Receivables Purchase Agreement (Cardinal Health Inc), Receivables Purchase Agreement (Cardinal Health Inc)

Bankruptcy Petition. Each of The Seller, the Servicer, the Collateral Administrative Agent, the each Managing Agents Agent and each Committed Purchaser hereby covenants and agrees that, prior to the date that is one year and one day after the payment in full of all outstanding senior Indebtedness indebtedness of a Conduit PurchaserConduit, it will not institute against, or join any other Person in instituting against, such Conduit Purchaser, 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.

Appears in 5 contracts

Samples: Receivables Purchase Agreement (LKQ Corp), Securitization Property Servicing Agreement (Consumers Energy Co), Securitization Property Servicing Agreement (Consumers Energy Co)

Bankruptcy Petition. Each To the fullest extent permitted by applicable law, each of Sellerthe Loan Parties, the Servicer, the Collateral Agent, the Managing Agents and each Committed Purchaser Lenders hereby covenants and agrees that, prior to the date that is one year and one day after the payment in full of all outstanding senior Indebtedness indebtedness of a Conduit Purchaserany of the Conduits, it will not institute against, or join any other Person in instituting against, such Conduit Purchaser, any of the Conduits 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.

Appears in 5 contracts

Samples: Credit and Security Agreement (International Paper Co /New/), Credit and Security Agreement (International Paper Co /New/), Credit and Security Agreement (International Paper Co /New/)

Bankruptcy Petition. Each of (a) Seller, the Servicer, the Collateral Agent, the Managing Agents Agent and each Committed Purchaser hereby covenants and agrees that, prior to the date that is one year and one day after the payment in full of all outstanding senior Indebtedness indebtedness of any Purchaser that is a Conduit Purchaserspecial purpose bankruptcy remote entity, it will not institute against, or join any other Person in instituting against, against any Purchaser or any such Conduit Purchaser, entity 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.

Appears in 4 contracts

Samples: Receivables Purchase Agreement (Patterson Companies, Inc.), Contract Purchase Agreement (Patterson Companies, Inc.), Contract Purchase Agreement (Patterson Companies, Inc.)

Bankruptcy Petition. Each of Seller, the Servicer, each Managing Agent and the Collateral Agent, the Managing Agents Agent and each Committed Purchaser Financial Institution hereby covenants and agrees that, prior to the date that is one year and one day after the payment in full of all outstanding senior Indebtedness indebtedness of a any Conduit Purchaser, it will not institute against, or join any other Person in instituting against, such Conduit Purchaser, or any such entity 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.

Appears in 4 contracts

Samples: Receivables Purchase Agreement (Johnsondiversey Holdings Inc), Receivables Purchase Agreement (Johnsondiversey Holdings Inc), Receivables Purchase Agreement (Johnsondiversey Inc)

Bankruptcy Petition. Each of Seller, the Servicer, the Collateral Agent, the Managing Agents (a) Finance LLC and Buyer each Committed Purchaser hereby covenants and agrees that, prior to the date that is one year and one day after the payment in full of all outstanding senior Indebtedness of a each Conduit PurchaserInvestor, it will not institute against, or join any other Person in instituting against, such Conduit Purchaser, Investor 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.

Appears in 4 contracts

Samples: Receivables Sale Agreement (Tennessee Gas Pipeline Co), Receivables Sale Agreement (Colorado Interstate Gas Co), Receivables Sale Agreement (Southern Natural Gas Co)

Bankruptcy Petition. Each of Seller, the Servicer, the Collateral Program Agent, the each Managing Agents Agent and each Committed Purchaser Investor hereby covenants and agrees that, prior to the date that is one year and one day after the payment in full of all outstanding senior Indebtedness indebtedness of a Conduit PurchaserInvestor, it will not institute against, or join any other Person in instituting against, such Conduit Purchaser, Investor 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.

Appears in 4 contracts

Samples: Receivables Purchase Agreement (Anr Pipeline Co), Receivables Purchase Agreement (Colorado Interstate Gas Co), Receivables Purchase Agreement (Southern Natural Gas Co)

Bankruptcy Petition. Each of Seller, the Servicer, the Collateral AgentAgents, the Managing Agents Committed Purchasers and each Committed Purchaser the Conduit hereby covenants and agrees that, prior to the date that is one year and one day after the payment in full of all outstanding senior Indebtedness indebtedness of a Conduit Purchaserthe Conduit, it will not institute against, or join any other Person in instituting against, such the Conduit Purchaser, 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.

Appears in 3 contracts

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

Bankruptcy Petition. Each of the Seller, the Servicer, the Collateral Agent, the each Managing Agents Agent and each Committed Purchaser Financial Institution hereby covenants and agrees that, prior to the date that is one year and one day after the payment in full of all outstanding senior Indebtedness indebtedness of a Conduit PurchaserConduit, it will not institute against, or join any other Person in instituting against, such Conduit Purchaser, or any such entity 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.

Appears in 3 contracts

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

Bankruptcy Petition. Each of Seller, the Servicer, the Collateral Agent, the Managing Agents Administrative Agent and each Committed Purchaser Financial Institution hereby covenants and agrees that, prior to the date that is one year and one day after the payment in full of all outstanding senior Indebtedness indebtedness of a Conduit PurchaserConduit, it will not institute against, or join any other Person in instituting against, such Conduit Purchaser, 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.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (CMS Energy Corp), Receivables Purchase Agreement (CMS Energy Corp)

Bankruptcy Petition. Each of the Seller, the Servicer, the Collateral Agent, the Managing Agents and each the Committed Purchaser Purchasers hereby covenants and agrees that, prior to the date that which is one year and one day after the payment in full of all outstanding senior Indebtedness indebtedness of a Conduit Purchasereach of the Conduits, it will not institute against, or join any other Person in instituting against, such Conduit Purchaser, 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.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Yellow Roadway Corp), Receivables Purchase Agreement (Yellow Roadway Corp)

Bankruptcy Petition. Each of Seller, the Servicer, the Collateral AgentAdministrator, the Managing Agents each Purchaser Agent and each Related Committed Purchaser hereby covenants and agrees that, prior to the date that is one year and one day after the payment in full of all outstanding senior Indebtedness indebtedness of a each Conduit Purchaser, it will not institute against, or join any other Person in instituting against, such each Conduit Purchaser, Purchaser 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.

Appears in 2 contracts

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

Bankruptcy Petition. Each of Sellerthe Seller Parties, the Servicer, the Collateral Agent, the Managing Agents and each Committed Purchaser the Purchasers hereby covenants and agrees that, prior to the date that is one year and one day after the payment in full of all outstanding senior Indebtedness indebtedness of a Conduit Purchasereach Conduit, it will not institute against, or join any other Person in instituting against, such Conduit Purchaser, 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.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Tenneco Inc), Receivables Purchase Agreement (Tenneco Inc)

Bankruptcy Petition. Each of Seller, the Servicer, the Collateral AgentAgents, the Managing Agents Administrative Agent and each Committed Purchaser hereby covenants covenant and agrees agree that, prior to the date that is one year and one day after the payment in full of all outstanding senior Indebtedness indebtedness of a Conduit PurchaserConduit, it will not institute against, or join any other Person in instituting against, such Conduit Purchaser, 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.

Appears in 2 contracts

Samples: Assignment Agreement (Energizer Holdings Inc), Receivables Purchase Agreement (Energizer Holdings Inc)

Bankruptcy Petition. Each of Seller, the Servicer, the Collateral Agent, the each Managing Agents Agent and each Committed Purchaser Financial Institution hereby covenants and agrees that, prior to the date that is one year and one day after the payment in full of all outstanding senior Indebtedness indebtedness of a Conduit PurchaserConduit, it will not institute against, or join any other Person in instituting against, such Conduit Purchaser, 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.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Timken Co), Assignment Agreement (Timken Co)

Bankruptcy Petition. Each of the Seller, the ServicerAgents, the Collateral Agent, LC Issuer and the Managing Agents and each Committed Purchaser Purchasers hereby covenants and agrees that, prior to the date that which is one year and one day after the payment in full of all outstanding senior Indebtedness indebtedness of a Conduit Purchasereach of the Conduits, it will not institute against, or join any other Person in instituting against, such Conduit Purchaser, 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.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Yellow Roadway Corp), Receivables Purchase Agreement (Yrc Worldwide Inc)

Bankruptcy Petition. Each of Seller, the Servicer, the Collateral Agent, the each Managing Agents Agent and each Committed Purchaser hereby covenants and agrees that, prior to the date that is one (1) year and one (1) day after the payment in full of all outstanding senior Indebtedness indebtedness of a any Conduit Purchaser, it will not institute against, or join any other Person in instituting against, such Conduit Purchaser, Purchaser 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.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Hanesbrands Inc.), Assignment Agreement (Hanesbrands Inc.)

Bankruptcy Petition. Each of Seller, the Servicer, the Collateral AgentAgents, the Managing Agents Liquidity Banks and each Committed Purchaser the other Conduit hereby covenants and agrees that, prior to the date that is one year and one day after the payment in full of all outstanding senior Indebtedness indebtedness of a Conduit PurchaserConduit, it will not institute against, or join any other Person in instituting against, such Conduit Purchaser, 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.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (RPM International Inc/De/), Receivables Purchase Agreement (RPM Inc/Oh/)

Bankruptcy Petition. Each of Seller, the Servicer, the Collateral Agent, the Managing Agents Agent and each Committed Purchaser Financial Institution hereby covenants and agrees that, prior to the date that is one year and one day after the payment in full of all outstanding senior Indebtedness indebtedness of a Conduit PurchaserConduit, it will not institute against, or join any other Person in instituting against, Conduit or any such Conduit Purchaser, entity 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.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Navistar Financial Corp)

Bankruptcy Petition. Each of Seller, the Servicer, the Collateral AgentFunding Agents, the Managing Agents Agent and each Committed Purchaser Financial Institution hereby covenants and agrees that, prior to the date that is one year and one day after the payment in full of all outstanding senior Indebtedness indebtedness of a Conduit PurchaserConduit, it will not institute against, or join any other Person in instituting against, ,such Conduit Purchaser, 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.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Energizer Holdings Inc)

Bankruptcy Petition. Each of (e) Seller, the Servicer, the Collateral Agent, the Managing Agents Agent and each Committed Purchaser hereby covenants and agrees that, prior to the date that is one year and one day after the payment in full of all outstanding senior Indebtedness indebtedness of any Purchaser that is a Conduit Purchaserspecial purpose bankruptcy remote entity, it will not institute against, or join any other Person in instituting against, against any Purchaser or any such Conduit Purchaser, entity 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.. 41

Appears in 1 contract

Samples: Contract Purchase Agreement (Patterson Companies, Inc.)

Bankruptcy Petition. Each of Seller, the Servicer, ------------------- the Parent, the Collateral Agent, the Managing Agents and each Committed Purchaser Financial Institution hereby covenants and agrees that, prior to the date that is one year and one day after the payment in full of all outstanding senior Indebtedness of a Conduit PurchaserConduit, it will not institute against, or join any other Person in instituting against, such Conduit PurchaserConduit, 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.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Owens & Minor Inc/Va/)

Bankruptcy Petition. Each of Seller, the Servicer, the Collateral Agent, the Managing Agents Agent and each Committed Purchaser Financial Institution hereby covenants and agrees that, prior to the date that is one year and one day after the payment in full of all outstanding senior Indebtedness of a Conduit PurchaserConduit, it will not institute against, or join any other Person in instituting against, such Conduit Purchaser, 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.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Trendwest Resorts Inc)

Bankruptcy Petition. Each of The Seller, the Servicer, the Collateral Agent, the each Managing Agents Agent and each Committed Purchaser hereby covenants and agrees that, prior to the date that is one year and one day after the payment in full of all outstanding senior Indebtedness indebtedness of a Conduit Purchaserany Conduit, it will not institute against, or join any other Person in instituting against, such Conduit Purchaser, 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.

Appears in 1 contract

Samples: Assignment Agreement (Pioneer Standard Electronics Inc)

Bankruptcy Petition. Each of The Seller, the ServicerGP, Inc., the Collateral Collection Agent, the Agent, each Managing Agents Agent, each Swap Counterparty and each Committed Purchaser Investor hereby covenants and agrees that, prior to the date that which is one year and one day after the payment in full of all outstanding senior Indebtedness of a Conduit Purchasereach Conduit, it will not institute against, or join any other Person in instituting against, such any Conduit Purchaser, 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.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Bon Ton Stores Inc)

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Bankruptcy Petition. Each of Seller, the Servicer, the Collateral AgentFunding Agents, the Managing Agents Agent and each Committed Purchaser hereby covenants covenant and agrees agree that, prior to the date that is one year and one day after the payment in full of all outstanding senior Indebtedness indebtedness of a Conduit (and WCMC in its capacity as Committed Purchaser), it will not institute against, or join any other Person in instituting against, such Conduit Purchaser, 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.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Energizer Holdings Inc)

Bankruptcy Petition. Each of Seller, the Servicer, the Collateral AgentFunding Agents, the Managing Agents Agent and each Committed Purchaser hereby covenants covenant and agrees agree that, prior to the date that is one year and one day after the payment in full of all outstanding senior Indebtedness indebtedness of a Conduit (and ________ in its capacity as Committed Purchaser), it will not institute against, or join any other Person in instituting against, such Conduit Purchaser, 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.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Energizer Holdings Inc)

Bankruptcy Petition. Each of Sellerthe Seller Parties, the Servicer, Agent and the Collateral Agent, the Managing Agents and each Committed Purchaser Purchasers hereby covenants and agrees that, prior to the date that is one year and one day after the payment in full of all outstanding senior Indebtedness indebtedness of a Conduit PurchaserConduit, it will not institute against, or join any other Person in instituting against, such Conduit Purchaser, 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.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Ferrellgas Partners L P)

Bankruptcy Petition. (a) Each of Seller, the Servicer, the Collateral Agent, the Managing Agents Originator and Buyer each Committed Purchaser hereby covenants and agrees that, prior to the date that is one year and one day after the payment in full of all outstanding senior Indebtedness indebtedness of Conduit Purchaser or any Committed Purchaser that is a Conduit Purchaserspecial purpose bankruptcy remote entity, it will not institute against, or join any other Person in instituting against, Conduit Purchaser or any such Conduit Purchaser, entity 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.

Appears in 1 contract

Samples: Receivables Sale Agreement (Pepsiamericas Inc/Il/)

Bankruptcy Petition. Each of SellerThe Borrower, the Servicer, the Collateral Administrative Agent, the Managing Agents each Facility Agent and each Committed Purchaser Lender hereby covenants and agrees that, prior to the date that is one (1) year and one (1) day after the payment in full of all outstanding senior Indebtedness indebtedness of a each Conduit PurchaserLender, it will not institute against, or join any other Person in instituting against, such any Conduit Purchaser, 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.

Appears in 1 contract

Samples: Receivables Loan Agreement (Arcbest Corp /De/)

Bankruptcy Petition. Each of Seller, the Servicer, the Collateral Agent, the Managing Agents Agent and each Committed Purchaser Financial Institution hereby covenants and agrees that, prior to the date that is one year and one day after the payment in full of all outstanding senior Indebtedness indebtedness of a Conduit Purchaseror any Unconditional Liquidity Provider, it will not institute against, or join any other Person in instituting against, Conduit or any such Conduit Purchaser, entity 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.

Appears in 1 contract

Samples: Patterson Receivables Purchase Agreement (Patterson Dental Co)

Bankruptcy Petition. Each of Seller, the Master Servicer, the Collateral Agent, the Managing Agents each Funding Agent and each the Committed Purchaser Purchasers hereby covenants and agrees that, prior to the date that is one year and one day after the payment in full of all outstanding senior Indebtedness indebtedness of a Conduit PurchaserConduit, it will not institute against, or join any other Person in instituting against, such Conduit Purchaser, 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.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Ralcorp Holdings Inc /Mo)

Bankruptcy Petition. Each of Seller, the Servicer, the Collateral Deal Agent, the each Managing Agents Agent and each Committed Purchaser Alternate Investor hereby covenants and agrees that, prior to the date that is one year and one day after the payment in full of all outstanding senior Indebtedness indebtedness of a Conduit PurchaserInvestor, it will not institute against, or join any other Person in instituting against, such Conduit Purchaser, Investor 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.

Appears in 1 contract

Samples: Receivables Purchase Agreement (PNM Resources Inc)

Bankruptcy Petition. Each of SellerThe Seller Parties, the Servicer, the Collateral Agent, the Managing Agents and each Committed Purchaser of the other Purchasers hereby covenants and agrees that, prior to the date that which is one year and one day after the payment in full of all outstanding senior Indebtedness indebtedness of a Conduit Purchasereach of the Conduits, it will not institute against, or join any other Person in instituting against, such Conduit Purchaser, 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.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Eastman Chemical Co)

Bankruptcy Petition. Each of Seller, the Servicer, the Collateral Agent, the Managing Agents Agent and each Committed Purchaser Financial Institution hereby covenants and agrees that, prior to the date that is one year and one day after the payment in full of all outstanding senior Indebtedness indebtedness of Conduit or any Funding Source that is a Conduit Purchaserspecial purpose bankruptcy remote entity, it will not institute against, or join any other Person in instituting against, Conduit or any such Conduit Purchaser, entity 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.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Puget Sound Energy Inc)

Bankruptcy Petition. Each of Seller, the Servicer, the Collateral Agent, the Managing Agents Agent and each Committed Purchaser Financial Institution hereby covenants and agrees that, prior to the date that is one year and one day after the payment in full of all outstanding senior Indebtedness indebtedness of a Conduit PurchaserConduit, it will not institute against, or join any other Person in instituting against, such Conduit Purchaser, 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.. 39

Appears in 1 contract

Samples: Receivables Purchase Agreement (Graybar Electric Co Inc)

Bankruptcy Petition. Each of (a) Seller, the Servicer, the Collateral Agent, the Managing Agents Agent and each Committed Purchaser Financial Institution hereby covenants and agrees that, prior to the date that is one year and one day after the payment in full of all outstanding senior Indebtedness indebtedness of a Conduit PurchaserConduit, it will not institute against, or join any other Person in instituting against, such Conduit Purchaser, 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.

Appears in 1 contract

Samples: Receivables Purchase Agreement (P&l Coal Holdings Corp)

Bankruptcy Petition. Each of SellerThe Borrower, the Servicer, the Collateral Agent, the Managing Agents Agent and each Committed Purchaser Alternate Lender hereby covenants and agrees that, prior to the date that is one year and one day after the payment in full of all outstanding senior Indebtedness unsubordinated indebtedness of a the Conduit PurchaserLender, it will not institute against, or join any other Person in instituting against, such the Conduit Purchaser, 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.

Appears in 1 contract

Samples: Credit and Security Agreement (PMC Commercial Trust /Tx)

Bankruptcy Petition. Each of Sellerthe Seller Parties, the Servicer, the Collateral Agent, the Managing Agents and each the Committed Purchaser Purchasers hereby covenants and agrees that, prior to the date that is one year and one day after the payment in full of all outstanding senior Indebtedness indebtedness of a Conduit PurchaserConduit, it will not institute against, or join any other Person in instituting against, such Conduit Purchaser, 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.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Ferrellgas Partners Finance Corp)

Bankruptcy Petition. Each of The Seller, the ServicerGP, Inc., the Collateral Agent, the each Managing Agents Agent, each Swap Counterparty and each Committed Purchaser Investor hereby covenants and agrees that, prior to the date that which is one year and one day after the payment in full of all outstanding senior Indebtedness of a Conduit Purchasereach Conduit, it will not institute against, or join any other Person in instituting against, such any Conduit Purchaser, 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.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Bon Ton Stores Inc)

Bankruptcy Petition. Each of SellerThe Seller Parties, the Servicer, the Collateral Administrative Agent, the Managing Co-Agents and each Committed Purchaser of the other Purchasers hereby covenants and agrees that, prior to the date that which is one year and one day after the payment in full of all outstanding senior Indebtedness indebtedness of a Conduit Purchaserany Conduit, it will not institute against, or join any other Person in instituting against, such Conduit Purchaser, 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.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Eastman Chemical Co)

Bankruptcy Petition. Each of Seller, the Servicer, the ------------------- Collateral Agent, the Managing Agents and each Committed Purchaser Financial Institution hereby covenants and agrees that, prior to the date that is one year and one day after the payment in full of all outstanding senior Indebtedness of a Conduit PurchaserConduit, it will not institute against, or join any other Person in instituting against, such Conduit PurchaserConduit, 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.

Appears in 1 contract

Samples: Receivables Purchase Agreement (McKesson Hboc Inc)

Bankruptcy Petition. Each of Seller, the Servicer, the Collateral Agent, the Managing Agents and each Committed Purchaser the other Purchasers hereby covenants and agrees that, prior to the date that is one year and one day after the payment in full of all outstanding senior Indebtedness indebtedness of a Conduit Purchasereach of the Conduits, it will not institute against, or join any other Person in instituting against, such Conduit Purchaser, 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.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Caremark Rx Inc)

Bankruptcy Petition. Each of Seller, the Master Servicer, the Collateral Agent, -------------------- Agent and the Managing Agents and each Committed Purchaser Financial Institutions hereby covenants and agrees that, prior to the date that is one year and one day after the payment in full of all outstanding senior Indebtedness indebtedness of a Conduit PurchaserConduit, it will not institute against, or join any other Person in instituting against, such Conduit Purchaser, 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.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Ralcorp Holdings Inc /Mo)

Bankruptcy Petition. Each of Seller, the Servicer, the Collateral Agent, the each Managing Agents Agent and each Committed Purchaser Financial Institution hereby covenants and agrees that, prior to the date that is one year and one day after the payment in full of all outstanding senior Indebtedness indebtedness of a Conduit Purchaserany Conduit, it will not institute against, or join any other Person in instituting against, such Conduit Purchaser, 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.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Insight Enterprises Inc)

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