No Proceedings Limited Recourse. The provisions of Sections 17.11 and 17.12 of the Loan Agreement are incorporated herein mutatis mutandis.
No Proceedings Limited Recourse. Each Originator covenants and agrees, for the benefit of the parties to the Second Tier Agreement, that it shall not institute against SPV, or join any other Person in instituting against SPV, any proceeding of a type referred to in the definition of Event of Bankruptcy until one (1) year and one (1) day after the Final Payment Date. In addition, all amounts payable by the SPV to an Originator pursuant to this Agreement shall be payable solely from funds available for that purpose pursuant to Section 2.14 of the Second Tier Agreement.
No Proceedings Limited Recourse. (a) The Borrower, ADT, the Servicer, the Collateral Agent, the Administrative Agent, each Lender, and each Group Agent, each hereby agrees that it will not institute against any Conduit Lender, or join any other Person in instituting against any Conduit Lender, any proceeding of the type referred to in the definition of Event of Bankruptcy from the Closing Date until one year plus one day following the last day on which all Commercial Paper Notes and other publicly or privately placed indebtedness of such Conduit Lender shall have been indefeasibly paid in full. The foregoing shall not limit any such Person’s right to file any claim in or otherwise take any action with respect to any insolvency proceeding that was instituted by any Person other than such parties.
No Proceedings Limited Recourse. (a) RCFC. Each of DTAG, the Collateral Agent (solely in its capacity as such) and the Note Purchaser (solely in its capacity as such) hereby covenants and agrees that, prior to the date which is one year and one day after the payment in full of any Notes issued by RCFC pursuant to the Base Indenture, it will not institute against, or join with any other Person in instituting against, RCFC, any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, or other proceedings under any Federal or state bankruptcy or similar law, all as more particularly set forth in Section 12.16 of the Base Indenture and subject to any retained rights set forth therein; provided, however, that nothing in this Section 8.10(a) shall constitute a waiver of any right to indemnification, reimbursement or other payment from RCFC pursuant to this Agreement, the Series 1998-1 Supplement or the Base Indenture. In the event that DTAG, the Collateral Agent (solely in its capacity as such) or the Note Purchaser (solely in its capacity as such) takes action in violation of this Section 8.10(a), RCFC agrees that it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such a petition by any such Person against RCFC or the commencement of such action and raise the defense that such Person has agreed in writing not to take such action and should be estopped and precluded therefrom and such other defenses, if any, as its counsel advises that it may assert. The provisions of this Section 8.10(a) shall survive the termination of this Agreement and the resignation or removal of the Collateral Agent. Nothing contained herein shall preclude participation by DTAG, the Collateral Agent or the Note Purchaser in assertion or defense of its claims in any such proceeding involving RCFC. The obligations of RCFC under this Agreement are solely the corporate obligations of RCFC. No recourse shall be had for the payment of any amount owing in respect of this Agreement, including the payment or any fee hereunder or any other obligation or claim arising out of or based upon this Agreement, against any stockholder, employee, officer, director, affiliate or incorporator of RCFC; provided, however, nothing in this Section 8.10(a) shall relieve any of the foregoing Persons from any liability which any such Person may otherwise have for its gross negligence or willful misconduct. In addition, each of the parties hereto agree that all fees, expenses and othe...
No Proceedings Limited Recourse. The Originator covenants and agrees, for the benefit of the parties to the Sale and Servicing Agreement and the Indenture, that it shall not institute against the Depositor or the Issuer, or join any other Person in instituting against the Depositor or the Issuer, any proceeding of a type referred to in the definition of “Event of Bankruptcy” (as defined in the Indenture) until two years and one day after the Final Payment Date. In addition, all amounts payable by the Depositor to the Originator pursuant to this Agreement shall be payable solely from funds available for that purpose pursuant to Sections 4.5(a) and (b) of the Indenture.
No Proceedings Limited Recourse. (a) The Performance Undertaking Provider hereby agrees that:
No Proceedings Limited Recourse. United Receivables I covenants and agrees, for the benefit of the parties to the Originator Purchase and Contribution Agreement and the Receivables Purchase Agreement, that it shall not institute against the Purchaser, or join any other Person in instituting against the Purchaser, any proceeding of a type referred to in the definition of Event of Bankruptcy until one year and one day after the Final Payout Date. In addition, all amounts payable by the Purchaser to United Receivables I pursuant to this Agreement shall be payable solely from funds available for that purpose pursuant to the Receivables Purchase Agreement.
No Proceedings Limited Recourse. By its acceptance of a Note or a Certificate, as applicable, each Noteholder and Certificateholder shall be deemed to have agreed (a) that it will not directly or indirectly institute, or cause to be instituted, or cooperate with others in instituting, against either of the Issuers any bankruptcy or insolvency proceeding so long as there shall not have elapsed one year plus one day since the maturity date of the latest maturing securities of either of the Issuers, (b) that the Notes and the Certificates are limited recourse obligations of the Issuers that may be satisfied only out of the Pledged Property and do not constitute a claim against the Issuers if cash flow from the Pledged Property is insufficient to repay the Notes or satisfy the Certificates in full, and (c) that it has no rights in or with respect to
No Proceedings Limited Recourse. All amounts payable by the Purchaser to the Seller pursuant to this Agreement shall be payable solely from funds available for that purpose pursuant to Section 3.1.
No Proceedings Limited Recourse. (a) The Issuer and the Depositor. (1) Notwithstanding any prior termination of this Agreement or the Indenture, to the fullest extent permitted by law, each party hereto (other than the Issuer and the Depositor) agrees that it shall not file, commence, join, or acquiesce in a petition or proceeding, or cause either the Depositor or the Issuer to file, commence, join, or acquiesce in a petition or proceeding, prior to the date that is one year and one day (or such longer preference period as shall then be in effect) after the date the Notes are no longer Outstanding, that causes (i) either the Depositor or the Issuer to be a debtor under any Debtor Relief Law or (ii) a trustee, conservator, receiver, liquidator, or similar official to be appointed for either the Depositor or the Issuer or any substantial part of its property.
