Bankruptcy Petition. Borrower, the Servicer, the Agents and each Committed 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 of any Conduit, it will not institute against, or join any other Person in instituting against, such Conduit 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 10 contracts
Sources: Credit and Security Agreement (Smithfield Foods Inc), First Amendment to Fifth Amended and Restated Credit and Security Agreement (Smithfield Foods Inc), Credit and Security Agreement (Smithfield Foods Inc)
Bankruptcy Petition. BorrowerEach of Seller, the Servicer, the Collateral Agent, the Managing Agents and each Committed Lender 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 Conduita 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
Sources: Receivables Purchase Agreement (McKesson Corp), Receivables Purchase Agreement (McKesson Corp), Receivables Purchase Agreement (McKesson Corp)
Bankruptcy Petition. BorrowerEach of Seller, the Servicer, the Agents and each Committed Lender 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 of any the Conduit, it will not institute against, or join any other Person in instituting against, such the Conduit 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
Sources: Receivables Purchase Agreement (Convergys Corp), Receivables Purchase Agreement (Convergys Corp), Receivables Purchase Agreement (Convergys Corp)
Bankruptcy Petition. BorrowerSeller, the Servicer, the Agents Agent and each Committed Lender 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 any Conduit, it will not institute against, or join any other Person in instituting against, such Conduit 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
Sources: Receivables Purchase Agreement (SCP Pool Corp), Receivables Purchase Agreement (Graybar Electric Co Inc), Receivables Purchase Agreement (Ferrellgas Partners Finance Corp)
Bankruptcy Petition. Borrower, the Servicer, the Agents and each Committed Lender Provider 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, each Company it will not institute against, or join any other Person in instituting against, any such Conduit Company 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 7 contracts
Sources: Receivables Purchase Agreement (Dean Foods Co), Receivables Purchase Agreement (Dean Foods Co), Receivables Purchase Agreement (Dean Foods Co)
Bankruptcy Petition. BorrowerSeller, the Servicer, the Agents Agent and each Committed Lender 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 any Conduit, it will not institute against, or join any other Person in instituting against, Conduit or any such Conduit 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
Sources: Receivables Purchase Agreement (Meredith Corp), Receivables Purchase Agreement (Metropolitan Edison Co), Receivables Purchase Agreement (Pennsylvania Power Co)
Bankruptcy Petition. BorrowerTo the fullest extent permitted by applicable law, each of the ServicerLoan Parties, the Agents and each Committed Lender 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 of any Conduitof the Conduits, it will not institute against, or join any other Person in instituting against, such Conduit 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
Sources: 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. BorrowerSeller, the Servicer, the Agents Program Agent, each Managing Agent and each Committed Lender 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 of any Conduita Conduit Investor, it will not institute against, or join any other Person in instituting against, such Conduit 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
Sources: Receivables Purchase Agreement (Colorado Interstate Gas Co), Receivables Purchase Agreement (Anr Pipeline Co), Receivables Purchase Agreement (Southern Natural Gas Co)
Bankruptcy Petition. Borrower, the Servicer, the Agents and each Committed Lender Provider 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 ConduitRecipient, it will not institute against, or join any other Person in instituting against, such Conduit Recipient 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
Sources: Omnibus Amendment (COMMERCIAL METALS Co), Receivables Purchase Agreement (Schneider National, Inc.), Receivables Sale Agreement, Receivables Purchase Agreement, Performance Undertaking (Commercial Metals Co)
Bankruptcy Petition. BorrowerEach of Seller, the Servicer, the Agents Agents, the Committed Purchasers and each Committed Lender 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 of any the Conduit, it will not institute against, or join any other Person in instituting against, such the Conduit 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
Sources: Receivables Purchase Agreement (Convergys Corp), Receivables Purchase Agreement (Convergys Corp), Receivables Purchase Agreement (Convergys Corp)
Bankruptcy Petition. BorrowerEach of the Seller, the Servicer, the Agents Agent, each Managing Agent and each Committed Lender 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 any a Conduit, it will not institute against, or join any other Person in instituting against, such Conduit 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
Sources: Receivables Purchase Agreement (Anixter International Inc), Receivables Purchase Agreement (Anixter International Inc), Receivables Purchase Agreement (Anixter International Inc)
Bankruptcy Petition. Borrower, the Servicer, the Agents each Agent and each Committed Lender Liquidity Bank 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 any Conduit, it will not institute against, or join any other Person in instituting against, such Conduit 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
Sources: Credit and Security Agreement (Mohawk Industries Inc), Credit and Security Agreement (Mohawk Industries Inc)
Bankruptcy Petition. Borrower, the Servicer, the Agents Administrative Agent and each Committed Lender Liquidity Bank 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 any Conduit, it will not institute against, or join any other Person in instituting against, such Conduit 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
Sources: Credit and Security Agreement (Rock-Tenn CO), Credit and Security Agreement (Rock-Tenn CO)
Bankruptcy Petition. Borrower, Each of the ServicerSeller Parties, the Agents and each Committed Lender 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 of any each Conduit, it will not institute against, or join any other Person in instituting against, such Conduit 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
Sources: Receivables Purchase Agreement (Tenneco Inc), Receivables Purchase Agreement (Tenneco Inc)
Bankruptcy Petition. BorrowerSeller, the Servicer, the Agents Administrative Agent and each Committed Lender 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 any Conduit, it will not institute against, or join any other Person in instituting against, such Conduit 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
Sources: Receivables Purchase Agreement (CMS Energy Corp), Receivables Purchase Agreement (CMS Energy Corp)
Bankruptcy Petition. Borrower, Each of the ServicerSeller, the Agents and each the Committed Lender 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 of any Conduiteach of the Conduits, it will not institute against, or join any other Person in instituting against, such Conduit 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
Sources: Receivables Purchase Agreement (Yellow Roadway Corp), Receivables Purchase Agreement (Yellow Roadway Corp)
Bankruptcy Petition. BorrowerSeller, the Servicer, the Agents Agents, the Administrative Agent and each Committed Lender 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 of any a Conduit, it will not institute against, or join any other Person in instituting against, such Conduit 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
Sources: Receivables Purchase Agreement (Energizer Holdings Inc), Receivables Purchase Agreement (Energizer Holdings Inc)
Bankruptcy Petition. Borrower, the Servicer, the Agents and each Committed Lender Provider 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 ConduitConduit or the Borrower, it will not institute against, or join any other Person in instituting against, such any Conduit or the Borrower 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
Sources: Receivables Purchase Agreement (Borgwarner Inc), Receivables Purchase Agreement (Borgwarner Inc)
Bankruptcy Petition. BorrowerEach of the Seller, the ServicerAgents, the Agents LC Issuer and each the Committed Lender 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 of any Conduiteach of the Conduits, it will not institute against, or join any other Person in instituting against, such Conduit 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
Sources: Receivables Purchase Agreement (Yellow Roadway Corp), Receivables Purchase Agreement (Yrc Worldwide Inc)
Bankruptcy Petition. The Borrower, the Servicer, the Agents Agent and each Committed 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 unsubordinated indebtedness of any Conduitthe Conduit Lender, it will not institute against, or join any other Person in instituting against, such the 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.
Appears in 1 contract
Sources: Credit and Security Agreement (PMC Commercial Trust /Tx)
Bankruptcy Petition. BorrowerEach of Seller, the Master Servicer, the Agents -------------------- Agent and each Committed Lender the 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 of any Conduit, it will not institute against, or join any other Person in instituting against, such Conduit 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
Sources: Receivables Purchase Agreement (Ralcorp Holdings Inc /Mo)
Bankruptcy Petition. Borrower, the Servicer, the Agents and each Committed Lender Provider 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 Conduitthe Company and the Recipient, it will not institute against, or join any other Person in instituting against, such Conduit the Company or the Recipient 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
Sources: Performance Undertaking (Gehl Co)
Bankruptcy Petition. BorrowerSeller, the Servicer, the Agents Funding Agents, the Agent and each Committed Lender 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 of any Conduita Conduit (and WCMC in its capacity as Committed Purchaser), it will not institute against, or join any other Person in instituting against, such Conduit 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
Sources: Receivables Purchase Agreement (Energizer Holdings Inc)
Bankruptcy Petition. BorrowerFinance Subsidiary, the Servicer, the Agents Agent and each Committed Lender 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 any Conduit, it will not institute against, or join any other Person in instituting against, Conduit or any such Conduit 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
Sources: Receivables Purchase Agreement (Wix Filtration Media Specialists, Inc.)
Bankruptcy Petition. Borrower, the Servicer, the Agents Agent, each Lender Group Agent and each Committed Lender Liquidity Bank 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 any Conduit, it will not institute against, or join any other Person in instituting against, such Conduit 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
Sources: Credit and Security Agreement (Bell Microproducts Inc)
Bankruptcy Petition. BorrowerEach of Seller, the Servicer, the Agents Agent and each Committed Lender 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 any Conduit, it will not institute against, or join any other Person in instituting against, Conduit or any such Conduit 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
Sources: Receivables Purchase Agreement (Navistar Financial Corp)
Bankruptcy Petition. Borrower, Each of the ServicerSeller Parties, the Agents and each the Committed Lender 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 of any a Conduit, it will not institute against, or join any other Person in instituting against, such Conduit 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
Sources: Receivables Purchase Agreement (Ferrellgas Partners Finance Corp)
Bankruptcy Petition. Borrower, the Servicer, the Agents Administrative Agent and each Committed 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 of any Conduit, it will not institute against, or join any other Person in instituting against, such Conduit 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
Bankruptcy Petition. BorrowerEach of Seller, the Servicer, the ------------------- Collateral Agent, the Managing Agents and each Committed Lender 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 any a Conduit, it will not institute against, or join any other Person in instituting against, such Conduit Conduit, 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
Bankruptcy Petition. BorrowerSeller, the Servicer, the Agents Funding Agents, the Agent and each Committed Lender 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 of any Conduita Conduit (and ________ in its capacity as Committed Purchaser), it will not institute against, or join any other Person in instituting against, such Conduit 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
Sources: Receivables Purchase Agreement (Energizer Holdings Inc)
Bankruptcy Petition. The Borrower, the Servicer, the Agents Administrative Agent, each Facility Agent and each Committed 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 of any Conduiteach Conduit Lender, it will not institute against, or join any other Person in instituting against, such any 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.
Appears in 1 contract
Bankruptcy Petition. BorrowerEach of Seller, the Servicer, ------------------- the Parent, the Collateral Agent, the Managing Agents and each Committed Lender 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 any a Conduit, it will not institute against, or join any other Person in instituting against, such Conduit Conduit, 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
Sources: Receivables Purchase Agreement (Owens & Minor Inc/Va/)
Bankruptcy Petition. Borrower, the ServicerThe Seller Parties, the Agents and each Committed Lender 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 of any Conduiteach of the Conduits, it will not institute against, or join any other Person in instituting against, such Conduit 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
Sources: Receivables Purchase Agreement (Eastman Chemical Co)
Bankruptcy Petition. BorrowerSeller, the Servicer, the Agents Agent and each Committed Lender 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 any Conduit, it will not institute against, or join any other Person in instituting against, such Conduit 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
Sources: Receivables Purchase Agreement (Graybar Electric Co Inc)
Bankruptcy Petition. BorrowerEach of the Seller Parties, the Servicer, Agent and the Agents and each Committed Lender 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 of any a Conduit, it will not institute against, or join any other Person in instituting against, such Conduit 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
Sources: Receivables Purchase Agreement (Ferrellgas Partners L P)
Bankruptcy Petition. BorrowerSeller, the Servicer, the Agents Agent and each Committed Lender 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 any Conduit, it will not institute against, or join any other Person in instituting against, such Conduit 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
Sources: Receivables Purchase Agreement (Trendwest Resorts Inc)
Bankruptcy Petition. Borrower, the Servicer, Each of the Agents and each Committed Lender 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 of any Conduiteach of the Conduits, it will not institute against, or join any other Person in instituting against, such Conduit 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
Bankruptcy Petition. Borrower, the Servicer, the Agents and each Committed Lender Provider 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 the any Conduit, it will not institute against, or join any other Person in instituting against, the such Conduit 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
Sources: Receivables Purchase Agreement (Energizer Holdings Inc)
Bankruptcy Petition. BorrowerEach of Seller, the Master Servicer, the Agents Agent, the each Funding Agent and each the Committed Lender 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 of any Conduit, it will not institute against, or join any other Person in instituting against, such Conduit 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
Sources: Receivables Purchase Agreement (Ralcorp Holdings Inc /Mo)