Common use of No Petition; Limited Recourse Clause in Contracts

No Petition; Limited Recourse. [Bank] hereby agrees that it shall not institute against, or join any other Person in instituting against the Counterparty any bankruptcy, reorganization, arrangement, insolvency, moratorium or liquidation proceedings or other proceedings under U.S. federal or state or other bankruptcy or similar laws. Notwithstanding the foregoing, nothing herein shall prevent [Bank] from participating in any such proceeding once commenced. [Bank] hereby acknowledges and agrees that the Counterparty’s obligations hereunder will be solely the limited recourse obligations of the Counterparty, and that [Bank] will not have any recourse to any of the directors, officers, employees, shareholders or affiliates of the Counterparty with respect to any claims, losses, damages, liabilities, indemnities or other obligations in connection with any transactions contemplated hereby. Notwithstanding any other provisions hereof, recourse in respect of any obligations of the Counterparty to [Bank] hereunder or thereunder will be limited to the Collateral (as defined in the Indenture) and on the exhaustion thereof all claims against the Counterparty arising from this Confirmation or any other transactions contemplated hereby or thereby shall be extinguished.

Appears in 4 contracts

Samples: Master Agreement (Nissan Auto Receivables Corp Ii), Master Agreement (Nissan Auto Receivables Corp Ii), Master Agreement (Nissan Auto Leasing LLC Ii)

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No Petition; Limited Recourse. [Bank] Barclays hereby agrees that it shall not institute against, or join any other Person in instituting against the Counterparty any bankruptcy, reorganization, arrangement, insolvency, moratorium or liquidation proceedings or other proceedings under U.S. federal or state or other bankruptcy or similar laws. Notwithstanding the foregoing, nothing herein shall prevent [Bank] Barclays from participating in any such proceeding once commenced. [Bank] Barclays hereby acknowledges and agrees that the Counterparty’s obligations hereunder will be solely the limited recourse obligations of the Counterparty, and that [Bank] Barclays will not have any recourse to any of the directors, officers, employees, shareholders or affiliates of the Counterparty with respect to any claims, losses, damages, liabilities, indemnities or other obligations in connection with any transactions contemplated hereby. Notwithstanding any other provisions hereof, recourse in respect of any obligations of the Counterparty to [Bank] Barclays hereunder or thereunder will be limited to the Collateral (as defined Collateral, subject to and in accordance with the Indenture) terms of the priority of payments set forth in Section 4.4 of the Indenture Supplement, and on the exhaustion thereof all claims against the Counterparty arising from this Confirmation Agreement or any other transactions contemplated hereby or thereby shall be extinguished.

Appears in 3 contracts

Samples: Master Agreement (World Financial Network Credit Card Master Trust), Master Agreement (World Financial Network Credit Card Master Trust), Master Agreement (World Financial Network Credit Card Master Trust)

No Petition; Limited Recourse. [Bank] JPMorgan hereby agrees that it shall not institute against, or join any other Person in instituting against the Counterparty any bankruptcy, reorganization, arrangement, insolvency, moratorium or liquidation proceedings or other proceedings under U.S. federal or state or other bankruptcy or similar laws. Notwithstanding the foregoing, nothing herein shall prevent [Bank] JPMorgan from participating in any such proceeding once commenced. [Bank] JPMorgan hereby acknowledges and agrees that the Counterparty’s obligations hereunder will be solely the limited recourse obligations of the Counterparty, and that [Bank] JPMorgan will not have any recourse to any of the directors, officers, employees, shareholders or affiliates of the Counterparty with respect to any claims, losses, damages, liabilities, indemnities or other obligations in connection with any transactions contemplated hereby. Notwithstanding any other provisions hereof, recourse in respect of any obligations of the Counterparty to [Bank] JPMorgan hereunder or thereunder will be limited to the Collateral (as defined Collateral, subject to and in accordance with the Indenture) terms of the priority of payments set forth in Section 4.4 of the Indenture Supplement, and on the exhaustion thereof all claims against the Counterparty arising from this Confirmation Agreement or any other transactions contemplated hereby or thereby shall be extinguished.

Appears in 3 contracts

Samples: Master Agreement (World Financial Network Credit Card Master Trust), Master Agreement (World Financial Network Credit Card Master Trust), Master Agreement (World Financial Network Credit Card Master Trust)

No Petition; Limited Recourse. [Bank] Xxxxxx hereby agrees that it shall not institute against, or join any other Person in instituting against the Counterparty any bankruptcy, reorganization, arrangement, insolvency, moratorium or liquidation proceedings or other proceedings under U.S. federal or state or other bankruptcy or similar laws. Notwithstanding the foregoing, nothing herein shall prevent [Bank] Xxxxxx from participating in any such proceeding once commenced. [Bank] Xxxxxx hereby acknowledges and agrees that the Counterparty’s obligations hereunder will be solely the limited recourse obligations of the Counterparty, and that [Bank] Xxxxxx will not have any recourse to any of the directors, officers, employees, shareholders or affiliates of the Counterparty with respect to any claims, losses, damages, liabilities, indemnities or other obligations in connection with any transactions contemplated hereby. Notwithstanding any other provisions hereof, recourse in respect of any obligations of the Counterparty to [Bank] Xxxxxx hereunder or thereunder will be limited to the Collateral (as defined Collateral, subject to and in accordance with the Indenture) terms of the priority of payments set forth in Section 4.4 of the Indenture Supplement, and on the exhaustion thereof all claims against the Counterparty arising from this Confirmation Agreement or any other transactions contemplated hereby or thereby shall be extinguished.

Appears in 2 contracts

Samples: Master Agreement (World Financial Network Credit Card Master Trust), Master Agreement (World Financial Network Credit Card Master Trust)

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No Petition; Limited Recourse. [Bank] Xxxxxx hereby agrees that it shall not institute against, or join any other Person in instituting against the Counterparty any bankruptcy, reorganization, arrangement, insolvency, moratorium or liquidation proceedings or other proceedings under U.S. federal or state or other bankruptcy or similar laws. Notwithstanding the foregoing, nothing herein shall prevent [Bank] Xxxxxx from participating in any such proceeding once commenced. [Bank] Xxxxxx hereby acknowledges and agrees that the Counterparty’s 's obligations hereunder will be solely the limited recourse obligations of the Counterparty, and that [Bank] Xxxxxx will not have any recourse to any of the directors, officers, employees, shareholders or affiliates of the Counterparty with respect to any claims, losses, damages, liabilities, indemnities or other obligations in connection with any transactions contemplated hereby. Notwithstanding any other provisions hereof, recourse in respect of any obligations of the Counterparty to [Bank] Xxxxxx hereunder or thereunder will be limited to the Collateral (as defined in the Indenture) and on the exhaustion thereof all claims against the Counterparty arising from this Confirmation or any other transactions contemplated hereby or thereby shall be extinguished.

Appears in 1 contract

Samples: Master Agreement (HomeBanc Mortgage Trust 2005-5)

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