Action by Owner with Respect to Bankruptcy. The Owner Trustee shall not have the power to commence a voluntary proceeding in a bankruptcy relating to the Trust without the prior approval of Owner and the delivery to the Owner Trustee by such Owner of a certificate certifying that such Owner reasonably believes that the Trust is insolvent.
Action by Owner with Respect to Bankruptcy. Restrictions on Owner’s Power
Action by Owner with Respect to Bankruptcy. It is the intention of the parties hereto that the Trust not constitute a “business trust” within the meaning of Title 11 of the United States Code entitled “Bankruptcy,” and that the Trust not have the benefit of the provisions thereof. If notwithstanding the foregoing intention the Trust is able to take advantage of any bankruptcy or insolvency statute, the Issuer Trustee shall not have the power or authority to commence a voluntary proceeding in bankruptcy relating to the Trust without determining that the Trust is unable to pay its debts when and as they become due and receiving an independent confirmation from a nationally recognized investment banking firm to such effect.
