Common use of Additional Covenants of the Depositor Clause in Contracts

Additional Covenants of the Depositor. The Depositor shall not do any of the following, without (a) the prior written consent of the Majority Holders, and (b) the prior written consent of the Indenture Trustee, who shall, without any exercise of its own discretion, also provide its written consent to the Depositor upon receipt by it of a copy of the written consent of the Majority Holders: (i) engage in any business or activity other than those set forth in the certificate of incorporation and bylaws of the Depositor or amend the Depositor’s certificate of incorporation and by laws other than in accordance with its terms as in effect on the date hereof; (ii) incur any indebtedness, or assume or guaranty any indebtedness of any other entity; (iii) dissolve or liquidate, in whole or in part, consolidate or merge with or into any other entity or convey or transfer its properties and assets substantially as an entirety to any entity; or (iv) without the affirmative vote of 100% of the members of the board of directors of the Depositor, including the independent directors, institute proceedings to be adjudicated bankrupt or insolvent, or consent to the institution of bankruptcy or insolvency proceedings against it, or file a petition seeking or consent to reorganization or relief under any applicable federal or State law relating to bankruptcy, or consent to the appointment of a receiver, liquidator, assignee, trustee, sequestrator (or other similar official) of the Depositor or a substantial part of its property, or make any assignment for the benefit of creditors, or admit in writing its inability to pay its debts generally as they become due, or take corporate action in furtherance of any such action.

Additional Covenants of the Depositor. The Depositor shall not do any of the following, without (a) the prior written consent of the Majority Holders, and (b) the prior written consent of the Indenture Trustee, who shall, without any exercise of its own discretion, also provide its written consent to the Depositor upon receipt by it of a copy of the written consent of the Majority Holders: (i) engage in any business or activity other than those set forth in the certificate of incorporation and bylaws of the Depositor or amend the Depositor’s 's certificate of incorporation and by laws other than in accordance with its terms as in effect on the date hereof; (ii) incur any indebtedness, or assume or guaranty any indebtedness of any other entity; (iii) dissolve or liquidate, in whole or in part, consolidate or merge with or into any other entity or convey or transfer its properties and assets substantially as an entirety to any entity; or (iv) without the affirmative vote of 100% of the members directors of the board of directors of the Depositor, including the independent directors, institute proceedings to be adjudicated bankrupt or insolvent, or consent to the institution of bankruptcy or insolvency proceedings against it, or file a petition seeking or consent to reorganization or relief under any applicable federal or State law relating to bankruptcy, or consent to the appointment of a receiver, liquidator, assignee, trustee, sequestrator (or other similar official) of the Depositor or a substantial part of its property, or make any assignment for the benefit of creditors, or admit in writing its inability to pay its debts generally as they become due, or take corporate action in furtherance of any such action.

Additional Covenants of the Depositor. The Depositor shall not do any of the following, without (a) the prior written consent of the Majority Holders, and (b) the prior written consent of the Indenture Trustee, who shall, without any exercise of its own discretion, also provide its written consent to the Depositor upon receipt by it of a copy of the written consent of the Majority Holders: (i) engage in any business or activity other than those set forth in the certificate of incorporation and bylaws of the Depositor or amend the Depositor’s 's certificate of incorporation and by laws other than in accordance with its terms as in effect on the date hereof; (ii) incur any indebtedness, or assume or guaranty any indebtedness of any other entity; (iii) dissolve or liquidate, in whole or in part, consolidate or merge with or into any other entity or convey or transfer its properties and assets substantially as an entirety to any entity; or (iv) without the affirmative vote of 100% of the members of the board of directors of the Depositor, including the independent directors, institute proceedings to be adjudicated bankrupt or insolvent, or consent to the institution of bankruptcy or insolvency proceedings against it, or file a petition seeking or consent to reorganization or relief under any applicable federal or State law relating to bankruptcy, or consent to the appointment of a receiver, liquidator, assignee, trustee, sequestrator (or other similar official) of the Depositor or a substantial part of its property, or make any assignment for the benefit of creditors, or admit in writing its inability to pay its debts generally as they become due, or take corporate action in furtherance of any such action.