Common use of Action by Transferor with Respect to Bankruptcy Clause in Contracts

Action by Transferor with Respect to Bankruptcy. So long as the Indenture remains in effect, the Transferor shall not have the power to, and shall not, and shall not direct the Owner Trustee to (i) institute proceedings to have the Trust declared or adjudicated a bankrupt or insolvent, (ii) consent to the institution of bankruptcy or insolvency proceedings against the Trust, (iii) file a petition or consent to a petition seeking reorganization or relief on behalf of the Trust under any applicable federal or state law relating to bankruptcy, (iv) consent to the appointment of a receiver, liquidator, assignee, trustee, sequestrator (or any similar official) of the Trust or a substantial portion of the property of the Trust, (v) make any assignment for the benefit of the Trust’s creditors, (vi) cause the Trust to admit in writing its inability to pay its debts generally as they become due, or (vii) take any action, or cause the Trust to take any action, in furtherance of any of the foregoing (any of the above, a “Bankruptcy Action”). The terms of this Section 4.2 shall survive for one year and one day following the termination of this Agreement.

Appears in 3 contracts

Samples: Trust Agreement (HSBC Home Equity Loan Trust (USA) 2006-1), Trust Agreement (HSBC Home Equity Loan Corp I), Trust Agreement (HSBC Home Equity Loan Trust (USA) 2006-2)

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Action by Transferor with Respect to Bankruptcy. So long as the Indenture remains in effect, the Transferor shall not have the power to, and shall not, and shall not direct the Owner Trustee to (i) institute proceedings to have the Trust declared or adjudicated a bankrupt or insolvent, (ii) consent to the institution of bankruptcy or insolvency proceedings against the Trust, (iii) file a petition or consent to a petition seeking reorganization or relief on behalf of the Trust under any applicable federal or state law relating to bankruptcy, (iv) consent to the appointment of a receiver, liquidator, assignee, trustee, sequestrator (or any similar official) of the Trust or a substantial portion of the property of the Trust, (v) make any assignment for the benefit of the Trust’s 's creditors, (vi) cause the Trust to admit in writing its inability to pay its debts generally as they become due, or (vii) take any action, or cause the Trust to take any action, in furtherance of any of the foregoing (any of the above, a "Bankruptcy Action"). The terms of this Section 4.2 shall survive for one year and one day following the termination of this Agreement.

Appears in 1 contract

Samples: Trust Agreement (HSBC Home Equity Loan Trust 2005-3)

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