Agreement Not to Petition. Each of the Trustees and the Depositor agrees for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.09, the Property Trustee agrees, for the benefit of Securityholders, that it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees or the Trust may assert. The provisions of this Section 10.09 shall survive the termination of this Trust Agreement.
Appears in 83 contracts
Samples: Trust Agreement (HPH Homebuilders 2000 Lp), Trust Agreement (Semco Capital Trust Iii), Trust Agreement (Duke Capital Financing Trust Vi)
Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.0910.9, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Trustee or the Trust may assert. The provisions of this Section 10.09 10.9 shall survive the termination of this Trust Agreement.
Appears in 36 contracts
Samples: Trust Agreement (Sce Trust I), Trust Agreement (Sce Trust I), Trust Agreement (Sce Trust I)
Agreement Not to Petition. Each of the Trustees and the Depositor agrees for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.09, the Property Trustee agrees, for the benefit of Securityholders, that it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped estopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Property Trustee or the Trust may assert. The provisions of this Section 10.09 shall survive the termination of this Trust Agreement.
Appears in 30 contracts
Samples: Trust Agreement (Texas Utilities Electric Co), Trust Agreement (Southwestern Electric Power Co), Trust Agreement (Txu Gas Capital Iv)
Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.091009, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor (which expense shall be paid prior to the filing), it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees or the Trust may asserttherefrom. The provisions of this Section 10.09 1009 shall survive the termination of this Trust Agreement.
Appears in 17 contracts
Samples: Trust Agreement (Community First Bankshares Inc), Trust Agreement (VBC Capital I), Trust Agreement (Community First Bankshares Inc)
Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy CodeCode of 1978, as amended) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor or any of the Trustees takes action in violation of this Section 10.091009, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor (which expense shall be paid prior to the filing), it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor or such Trustee against the Trust or the commencement of such action and raise the defense that the Depositor or such Trustee has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees or the Trust may asserttherefrom. The provisions of this Section 10.09 1009 shall survive the termination of this Trust Agreement.
Appears in 17 contracts
Samples: Trust Agreement (Private Bancorp Capital Trust I), Trust Agreement (Wintrust Capital Trust I), Trust Agreement (Prosperity Capital Trust I)
Agreement Not to Petition. Each of the Issuer Trustees and the Depositor agrees agree for the benefit of the Securityholders Holders that, until at least one year and one day after the Issuer Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Issuer Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, including the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Issuer Trust under any Bankruptcy Law. In the event If the Depositor takes action in violation of this Section 10.0910.9, the Property Trustee agrees, for the benefit of SecurityholdersHolders, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Issuer Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Issuer Trustees or the Issuer Trust may assert. The provisions of this Section 10.09 shall survive the termination of this Trust Agreement.
Appears in 16 contracts
Samples: Trust Agreement (Sea Pines Associates Inc), Trust Agreement (Fifth Third Capital Trust Iv), Trust Agreement (South Carolina Electric & Gas Co)
Agreement Not to Petition. Each of the Issuer Trustees and the Depositor agrees agree for the benefit of the Securityholders Holders that, until at least one year and one day after the Issuer Trust has been terminated dissolved in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Issuer Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, including the United States Bankruptcy Code) (collectively, "“Bankruptcy Laws"”) or otherwise join in the commencement of any proceeding against the Issuer Trust under any Bankruptcy Law. In the event If the Depositor takes action in violation of this Section 10.0910.9, the Property Trustee agrees, for the benefit of SecurityholdersHolders, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Issuer Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Issuer Trustee or the Issuer Trust may assert. The provisions of this Section 10.09 shall survive the termination of this Trust Agreement.
Appears in 15 contracts
Samples: Trust Agreement (First Merchants Corp), Trust Agreement (Superior Bancorp), Trust Agreement (BB&T Capital Trust II)
Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.0910.10, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Trustee or the Trust may assert. The provisions of this Section 10.09 10.10 shall survive the termination of this Trust Agreement.
Appears in 15 contracts
Samples: Trust Agreement (First Tennessee Capital Iv), Trust Agreement (Mellon Bank Corp), Trust Agreement (Pennsylvania Power & Light Co /Pa)
Agreement Not to Petition. Each of the Trustees and the Depositor agrees for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.09, the Property Trustee agrees, for the benefit of Securityholders, that it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Property Trustee or the Trust may assert. The provisions of this Section 10.09 shall survive the termination of this Trust Agreement.
Appears in 13 contracts
Samples: Trust Agreement (Midamerican Energy Financing Ii), Trust Agreement (Mp&l Capital I), Trust Agreement (Midamerican Energy Financing Ii)
Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IXX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "“Bankruptcy Laws"”) or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.0910.10, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Property Trustee or the Trust may assert. The provisions of this Section 10.09 10.10 shall survive the termination of this Trust Agreement.
Appears in 12 contracts
Samples: Trust Agreement (Susquehanna Bancshares Inc), Trust Agreement (Susquehanna Capital IV), Trust Agreement (JPMorgan Chase Capital XVI)
Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "“Bankruptcy Laws"”) or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.0910.9, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Trustee or the Trust may assert. The provisions of this Section 10.09 10.9 shall survive the termination of this Trust Agreement.
Appears in 8 contracts
Samples: Trust Agreement (Lincoln National Corp), Trust Agreement (Actuant CORP Capital Trust II), Trust Agreement (Lincoln National Corp)
Agreement Not to Petition. Each of the Trustees and the Depositor agrees for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.0911.09, the Property Trustee agrees, for the benefit of Securityholders, that it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees or the Trust may assert. The provisions of this Section 10.09 11.09 shall survive the termination of this Trust Agreement.
Appears in 7 contracts
Samples: Trust Agreement (Alabama Power Co), Trust Agreement (Alabama Power Co), Trust Agreement (Georgia Power Co)
Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.0910.11, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Trustee or the Trust may assert. The provisions of this Section 10.09 10.11 shall survive the termination of this Trust Agreement.
Appears in 7 contracts
Samples: Trust Agreement (Mbna Corp), Trust Agreement (Ingersoll Rand Co), Trust Agreement (Mbna Corp)
Agreement Not to Petition. Each of the Issuer Trustees and the Depositor agrees Sponsor agree for the benefit of the Securityholders Holders that, until at least one year and one day after the Issuer Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Issuer Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, including the United States Bankruptcy Code) (collectively, "“Bankruptcy Laws"”) or otherwise join in the commencement of any proceeding against the Issuer Trust under any Bankruptcy Law. In If the event the Depositor Sponsor takes action in violation of this Section 10.0910.8, the Property Trustee agrees, for the benefit of SecurityholdersHolders, that at the expense of the Sponsor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor Sponsor against the Issuer Trust or the commencement of such action and raise the defense that the Depositor Sponsor has agreed in writing not to take such action and should be stopped estopped and precluded therefrom and such other defenses, if any, as counsel for the Issuer Trustees or the Issuer Trust may assert. The provisions of this Section 10.09 shall survive the termination of this Trust Agreement.
Appears in 7 contracts
Samples: Declaration of Trust (BEE Financing Trust III), Declaration of Trust (CT Public Preferred Trust III), Declaration of Trust (Strategic Hotels & Resorts, Inc)
Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "“Bankruptcy Laws"”) or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.091009, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor (which expense shall be paid prior to the filing), it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees or the Trust may asserttherefrom. The provisions of this Section 10.09 1009 shall survive the termination of this Trust Agreement.
Appears in 6 contracts
Samples: Trust Agreement (Air T Inc), Trust Agreement (Air T Inc), Trust Agreement (Air T Funding)
Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.09, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor (which expense shall be paid prior to the filing), it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees or the Trust may asserttherefrom. The provisions of this Section 10.09 shall survive the termination of this Trust Agreement.
Appears in 6 contracts
Samples: Trust Agreement (Ebh Capital Trust I), Trust Agreement (Union Bankshares Capital Trust I), Trust Agreement (Bank of the Ozarks Inc)
Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IXVIII, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") Laws or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor or any of the Trustees takes action in violation of this Section 10.09, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor or any of the Trustees, as applicable, against the Trust or the commencement of such action and raise the defense that the Depositor or Trustee, as applicable, has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Property Trustee or the Trust may assert. The provisions of this Section 10.09 shall survive the termination of this Trust Agreement.
Appears in 4 contracts
Samples: Trust Agreement (Public Service Electric & Gas Co), Trust Agreement (Public Service Enterprise Group Inc), Trust Agreement (Public Service Electric & Gas Co)
Agreement Not to Petition. Each of the Trustees and the Depositor Sponsor agrees for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX9, it shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor Sponsor takes action in violation of this Section 10.0910.9, the Property Trustee agrees, for the benefit of Securityholders, that that, at the expense of the Sponsor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor Sponsor against the Trust or the commencement of such action and raise the defense that the Depositor Sponsor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Trustee or the Trust may assert. The provisions of this Section 10.09 10.9 shall survive the termination of this Trust Agreement.
Appears in 4 contracts
Samples: Trust Agreement (CNS Energy Trust Iii), Trust Agreement (CMS Energy Trust Ii), Trust Agreement (CMS Energy Trust V)
Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.0910.9, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Property Trustee or the Trust may assert. The provisions of this Section 10.09 10.9 shall survive the termination of this Trust Agreement.
Appears in 4 contracts
Samples: Trust Agreement (Bear Stearns Capital Trust V), Trust Agreement (Bear Stearns Companies Inc), Trust Agreement (Bear Stearns Capital Trust I)
Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor or any of the Trustees takes action in violation of this Section 10.09, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor or any of the Trustees, as applicable, against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Property Trustee or the Trust may assert. The provisions of this Section 10.09 shall survive the termination of this Trust Agreement.
Appears in 4 contracts
Samples: Trust Agreement (Usf&g Corp), Trust Agreement (Usf&g Corp), Trust Agreement (Usf&g Corp)
Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders that, until at least one year and one 1 day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy CodeCode of 1978, as amended) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.0910.9, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor (which expense shall be paid prior to the filing), it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees or the Trust may asserttherefrom. The provisions of this Section 10.09 10.9 shall survive the termination of this Trust Agreement.
Appears in 4 contracts
Samples: Trust Agreement (Eagle Bancshares Inc), Trust Agreement (Premier Bancshares Inc /Ga), Trust Agreement (Eagle Bancshares Inc)
Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.0910.9, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees or the Trust may assert. The provisions of this Section 10.09 10.9 shall survive the termination of this Trust Agreement.
Appears in 4 contracts
Samples: Trust Agreement (Usf&g Corp), Trust Agreement (Providian Financial Corp), Trust Agreement (Pmi Group Inc)
Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders Holders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.0910.9, the Property Trustee agrees, for the benefit of SecurityholdersHolders, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Trustee or the Trust may assert. The provisions of this Section 10.09 10.9 shall survive the termination of this Trust Agreement.
Appears in 4 contracts
Samples: Declaration of Trust and Trust Agreement (Willamette Industries Inc), Declaration of Trust and Trust Agreement (Willamette Industries Inc), Trust Agreement (First Union Institutional Capital Ii)
Agreement Not to Petition. Each of the Trustees and the Depositor agrees for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX9, it shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.0910.9, the Property Trustee agrees, for the benefit of Securityholders, that that, at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Trustee or the Trust may assert. The provisions of this Section 10.09 10.9 shall survive the termination of this Trust Agreement.
Appears in 3 contracts
Samples: Trust Agreement (Host Marriott Corp/), Trust Agreement (Big Flower Holdings Inc), Trust Agreement (Host Marriott Corp/Md)
Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy LawLaws. In the event the Depositor takes action in violation of this Section 10.0910.10, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped estopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Trustee or the Trust may assert. The provisions of this Section 10.09 10.10 shall survive the termination of this Trust AgreementDeclaration of Trust.
Appears in 3 contracts
Samples: Declaration of Trust (Southern Financial Capital Trust I), Declaration of Trust (Guaranty Capital Trust I), Declaration of Trust (Highlands Capital Trust I)
Agreement Not to Petition. Each of the Issuer Trustees and the Depositor agrees agree for the benefit of the Securityholders Holders that, until at least one year and one day after the Issuer Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Issuer Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, including the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Issuer Trust under any Bankruptcy Law. In the event If the Depositor takes action in violation of this Section 10.0910.10, the Property Trustee agrees, for the benefit of SecurityholdersHolders, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Issuer Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped estopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Property Trustee or the Issuer Trust may assert. The provisions of this Section 10.09 shall survive the termination of this Trust Agreement.
Appears in 3 contracts
Samples: Trust Agreement (Everest Re Group LTD), Trust Agreement (Everest Re Capital Trust Iii), Trust Agreement (Everest Re Capital Trust)
Agreement Not to Petition. Each of the Issuer Trustees and the Depositor agrees agree for the benefit of the Securityholders Holders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.0910.9, the Property Trustee agrees, for the benefit of SecurityholdersHolders, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Issuer Trustee or the Trust may assert. The provisions of this Section 10.09 10.9 shall survive the termination of this Trust Agreement.
Appears in 3 contracts
Samples: Trust Agreement (HCC Capital Trust Ii), Trust Agreement (Old National Bancorp /In/), Trust Agreement (Onb Capital Trust Iv)
Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.0910.10, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Property Trustee or the Trust may assert. The provisions of this Section 10.09 10.10 shall survive the termination of this Trust Agreement.
Appears in 3 contracts
Samples: Trust Agreement (Telebanc Capital Trust Ii), Trust Agreement (Telebanc Financial Corp), Trust Agreement (Usabancorp Capital Trust I)
Agreement Not to Petition. Each of the Trustees and the Depositor agrees Sponsor agree for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor Sponsor takes action in violation of this Section 10.0910.9, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Sponsor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor Sponsor against the Trust or the commencement of such action and raise the defense that the Depositor Sponsor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Trustee or the Trust may assert. The provisions of this Section 10.09 10.9 shall survive the termination of this Trust Agreement.
Appears in 3 contracts
Samples: Trust Agreement (Idacorp Trust Iii), Trust Agreement (Covanta Capital Trust Iii), Trust Agreement (Idacorp Trust Iii)
Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation ,reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the .Xx xxx event the Depositor takes action in violation of this Section 10.0910.9, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Trustee or the Trust may assert. The provisions of this Section 10.09 10.9 shall survive the termination of this Trust Agreement.
Appears in 3 contracts
Samples: Trust Agreement (Lincoln National Capital Vi), Trust Agreement (Lincoln National Capital Vi), Trust Agreement (Lincoln National Capital Vi)
Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders Security holders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.091009, the Property Trustee agrees, for the benefit of SecurityholdersSecurity holders, that at the expense of the Depositor (which expense shall be paid prior to the filing), it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees or the Trust may asserttherefrom. The provisions of this Section 10.09 1009 shall survive the termination of this Trust Agreement.
Appears in 3 contracts
Samples: Trust Agreement (Fw Capital I), Trust Agreement (Spectrum Capital Trust Ii), Trust Agreement (Spectrum Capital Trust I)
Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy CodeCode of 1978, as amended) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor or any of the Trustees takes action in violation of this Section 10.0910.9, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor (which expense shall be paid prior to the filing), it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor or such Trustee against the Trust or the commencement of such action and raise the defense that the Depositor or such Trustee has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees or the Trust may asserttherefrom. The provisions of this Section 10.09 10.9 shall survive the termination of this Trust Agreement.
Appears in 3 contracts
Samples: Trust Agreement (First Merchants Corp), Trust Agreement (First Merchants Corp), Trust Agreement (First Merchants Capital Trust I)
Agreement Not to Petition. Each of the Trustees and the ------------------------- Depositor agrees agree for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy LawLaws. In the event the Depositor takes action in violation of this Section 10.0910.10, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped estopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Trustee or the Trust may assert. The provisions of this Section 10.09 10.10 shall survive the termination of this Trust AgreementDeclaration of Trust.
Appears in 2 contracts
Samples: Declaration of Trust (Commonwealth Bankshares Inc), Declaration of Trust (Commonwealth Bankshares Inc)
Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") " or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.0910.11, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Trustee or the Trust may assert. The provisions of this Section 10.09 10.11 shall survive the termination of this Trust Agreement.
Appears in 2 contracts
Samples: Trust Agreement (Hl&p Capital Trust Iv), Trust Agreement (Hl&p Capital Trust Iv)
Agreement Not to Petition. Each of the Trustees and the ------------------------- Depositor agrees agree for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy LawsBANKRUPTCY LAWS") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.09SECTION 10.9, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Trustee or the Trust may assert. The provisions of this Section 10.09 SECTION 10.9 shall survive the termination of this Trust Agreement.
Appears in 2 contracts
Samples: Trust Agreement (DPL Inc), Trust Agreement (DPL Inc)
Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.0910.10, the Property Trustee agrees, for the benefit of SecurityholdersSecurity holders, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Trustee or the Trust may assert. The provisions of this Section 10.09 10.10 shall survive the termination of this Trust Agreement.
Appears in 2 contracts
Samples: Trust Agreement (J P Morgan Chase Capital X), Trust Agreement (National Commerce Financial Corp)
Agreement Not to Petition. Each of the Trustees and the Depositor agrees for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX9, it shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy LawsBANKRUPTCY LAWS") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.0910.9, the Property Trustee agrees, for the benefit of Securityholders, that that, at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Trustee or the Trust may assert. The provisions of this Section 10.09 10.9 shall survive the termination of this Trust AgreementDeclaration.
Appears in 2 contracts
Samples: Declaration of Trust (Superior Trust I), Declaration of Trust (Superior Trust I)
Agreement Not to Petition. Each of the Issuer Trustees and the Depositor agrees agree for the benefit of the Securityholders Holders that, until at least one year and one day after the Issuer Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Issuer Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, including the United States Bankruptcy Code) (collectively, "“Bankruptcy Laws"”) or otherwise join in the commencement of any proceeding against the Issuer Trust under any Bankruptcy Law. In the event If the Depositor takes action in violation of this Section 10.0910.10, the Property Trustee agrees, for the benefit of SecurityholdersHolders, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Issuer Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped estopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Property Trustee or the Issuer Trust may assert. The provisions of this Section 10.09 shall survive the termination of this Trust Agreement.
Appears in 2 contracts
Samples: Trust Agreement (Everest Re Group LTD), Trust Agreement (Everest Reinsurance Holdings Inc)
Agreement Not to Petition. Each of the Trustees and the Depositor agrees for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX9, it shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.0910.9, the Property Trustee agrees, for the benefit of Securityholders, that that, at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Trustee or the Trust may assert. The provisions of this Section 10.09 10.9 shall survive the termination of this Trust AgreementDeclaration of Trust.
Appears in 2 contracts
Samples: Declaration of Trust (Boise Cascade Corp), Declaration of Trust (Boise Cascade Trust Iii)
Agreement Not to Petition. Each To the fullest extent permitted by applicable law, each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated dissolved in accordance with Article IX9, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "“Bankruptcy Laws"”) or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.09, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Trustee or the Trust may assert. The provisions of this Section 10.09 shall survive the termination of this Trust Agreement.
Appears in 2 contracts
Samples: Trust Agreement (PartnerRe Finance B LLC), Trust Agreement (PartnerRe Finance B LLC)
Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "“Bankruptcy Laws"”) or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.0910.10, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Trustee or the Trust may assert. The provisions of this Section 10.09 10.10 shall survive the termination of this Trust Agreement.
Appears in 2 contracts
Samples: Trust Agreement (Schwab Charles Corp), Trust Agreement (Mellon Financial Corp)
Agreement Not to Petition. Each of the Trustees and the Depositor agrees for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.0910.08, the Property Trustee agrees, for the benefit of Securityholders, that it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Property Trustee or the Trust may assert. The provisions of this Section 10.09 10.08 shall survive the termination of this Trust Agreement.
Appears in 2 contracts
Samples: Trust Agreement (Atlantic City Electric Co), Trust Agreement (Atlantic Capital Ii)
Agreement Not to Petition. Each of the Issuer Trustees and the Depositor agrees Sponsor agree for the benefit of the Securityholders Holders that, until at least one year and one day after the Issuer Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Issuer Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, including the United States Bankruptcy Code) (collectively, "“Bankruptcy Laws"”) or otherwise join in the commencement of any proceeding against the Issuer Trust under any Bankruptcy Law. In If the event the Depositor Sponsor takes action in violation of this Section 10.0910.9, the Property Trustee agrees, for the benefit of SecurityholdersHolders, that at the expense of the Sponsor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor Sponsor against the Issuer Trust or the commencement of such action and raise the defense that the Depositor Sponsor has agreed in writing not to take such action and should be stopped estopped and precluded therefrom and such other defenses, if any, as counsel for the Issuer Trustees or the Issuer Trust may assert. The provisions of this Section 10.09 10.9 shall survive the termination of this Trust Agreement.
Appears in 2 contracts
Samples: Declaration of Trust (Privatebancorp, Inc), Declaration of Trust (Privatebancorp, Inc)
Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders Holders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, including the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.0911.10, the Property Trustee agrees, for the benefit of SecurityholdersHolders, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Property Trustee or the Trust may assert. The provisions of this Section 10.09 11.10 shall survive the termination of this Trust Agreement.
Appears in 2 contracts
Samples: Trust Agreement (Gentiva Health Services Inc), Trust Agreement (Caremark Rx Inc)
Agreement Not to Petition. Each of the Trustees and the Depositor agrees Sponsor agree for the benefit of the Securityholders Holders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "“Bankruptcy Laws"”) or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor Sponsor takes action in violation of this Section 10.0911.9, the Property Trustee agrees, for the benefit of SecurityholdersHolders, that at the expense of the Sponsor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor Sponsor against the Trust or the commencement of such action and raise the defense that the Depositor Sponsor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Trustee or the Trust may assert. The provisions of this Section 10.09 11.9 shall survive the termination of this Trust Agreement.
Appears in 2 contracts
Samples: Trust Agreement (Schwab Capital Trust Ii), Trust Agreement (Schwab Charles Corp)
Agreement Not to Petition. Each of the Trustees and the Depositor agrees for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (Code of 1978, as amended, collectively, "“Bankruptcy Laws"”) or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor or any of the Trustees takes action in violation of this Section 10.0910.9, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor (which expense shall be paid prior to the filing), it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor or such Trustee against the Trust or the commencement of such action and raise the defense that the Depositor or such Trustee has agreed in writing not to take such action and should be stopped estopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees or the Trust may asserttherefrom. The provisions of this Section 10.09 10.9 shall survive the termination of this Trust Agreement.
Appears in 2 contracts
Samples: Trust Agreement (Alabama National Bancorporation), Trust Agreement (San Rafael Bancorp)
Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IXVIII, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") Laws or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor or any of the Trustees takes action in violation of this Section 10.09, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor or Trustee, as applicable, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor or any of the Trustees, as applicable, against the Trust or the commencement of such action and raise the defense that the Depositor or Trustee, as applicable, has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Property Trustee or the Trust may assert. The provisions of this Section 10.09 shall survive the termination of this Trust Agreement.
Appears in 1 contract
Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders Holders that, until at least one year and one 1 day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy CodeCode of 1978, as amended) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.0910.9, the Property Trustee agrees, for the benefit of SecurityholdersHolders, that at the expense of the Depositor (which expense shall be paid prior to the filing), it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees or the Trust may asserttherefrom. The provisions of this Section 10.09 10.9 shall survive the termination of this Trust Agreement.
Appears in 1 contract
Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IXSection 9, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.0910.9, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor (which expense shall be paid prior to the filing), it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees or the Trust may asserttherefrom. The provisions of this Section 10.09 10.9 shall survive the termination of this Trust Agreement.
Appears in 1 contract
Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.0910.10, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Property Trustee or -55- 61 the Trust may assert. The provisions of this Section 10.09 10.10 shall survive the termination of this Trust Agreement.
Appears in 1 contract
Samples: Trust Agreement (Metlife Inc)
Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders Holders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy 57 Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.0910.9, the Property Trustee agrees, for the benefit of SecurityholdersHolders, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Trustee or the Trust may assert. The provisions of this Section 10.09 10.9 shall survive the termination of this Trust Agreement.
Appears in 1 contract
Samples: Trust Agreement (First Union Corp)
Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy CodeCode of 1978, as amended) (collectively, "“Bankruptcy Laws"”) or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor or any of the Trustees takes action in violation of this Section 10.091009, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor (which expense shall be paid prior to the filing), it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor or such Trustee against the Trust or the commencement of such action and raise the defense that the Depositor or such Trustee has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees or the Trust may asserttherefrom. The provisions of this Section 10.09 1009 shall survive the termination of this Trust Agreement.
Appears in 1 contract
Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.0910.10, the Property Trustee agrees, for the benefit of Securityholders, that it shall that, at the expense of Depositor, the Property Trustee will file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped estopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Trustee or the Trust may assert. The provisions of this Section 10.09 10.10 shall survive the termination of this Trust Agreement.
Appears in 1 contract
Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders Holders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.0910.9, the Property Trustee agrees, for the benefit of SecurityholdersHolders, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Trustee or the Trust may assert. The provisions of this Section 10.09 10.9 shall survive the termination of this Trust AgreementDeclaration.
Appears in 1 contract
Samples: Declaration of Trust (Provident Companies Inc /De/)
Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy LawLaws. In the event the Depositor takes action in violation of this Section 10.0910.10, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped estopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Trustee or the Trust may assert. The provisions of this Section 10.09 shall survive the termination of this Trust Agreement.this
Appears in 1 contract
Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.0910.08, the Property Trustee agrees, for the benefit of Securityholders, that it shall that, at the expense of Depositor, the Property Trustee will file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped estopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Trustee or the Trust may assert. The provisions of this Section 10.09 10.08 shall survive the termination of this Trust Agreement.
Appears in 1 contract
Agreement Not to Petition. Each of the Trustees and the Depositor agrees for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "“Bankruptcy Laws"”) or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.09, the Property Trustee agrees, for the benefit of Securityholders, that it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped estopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Property Trustee or the Trust may assert. The provisions of this Section 10.09 shall survive the termination of this Trust Agreement.
Appears in 1 contract
Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "“Bankruptcy Laws"”) or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.0910.11, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Trustee or the Trust may assert. The provisions of this Section 10.09 10.11 shall survive the termination of this Trust Agreement.
Appears in 1 contract
Samples: Trust Agreement (Mbna Corp)
Agreement Not to Petition. Each of the Trustees and the Depositor agrees for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.09, the Property Trustee agrees, for the benefit of Securityholders, that it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees or the Trust may assert. The provisions of this Section 10.09 shall survive the termination of this Trust Agreement.. 42
Appears in 1 contract
Agreement Not to Petition. Each of the Trustees and the Depositor agrees for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy CodeCode of 1978, as amended) (collectively, "“Bankruptcy Laws"”) or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor or any of the Trustees takes action in violation of this Section 10.0911.09, the Property Trustee agrees, for the benefit of the Securityholders, that at the expense of the Depositor (which expense shall be paid prior to the filing), it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor or such Trustee against the Trust or the commencement of such action and raise the defense that the Depositor or such Trustee has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees or the Trust may asserttherefrom. The provisions of this Section 10.09 11.09 shall survive the termination of this Trust Agreement.
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Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.09, the Property Trustee agrees, for the benefit of Securityholders, that it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Property Trustee or the Trust may assert. The provisions of this Section 10.09 shall survive the termination of this Trust Agreement.
Appears in 1 contract
Samples: Trust Agreement (Cleveland Electric Financing Trust I)
Agreement Not to Petition. Each one of the Trustees and the Depositor agrees agree for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding proceedings against the Trust under any Bankruptcy Lawlaw. In the event the Depositor takes action in violation of this Section 10.0910.9, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Trustee or the Trust may assert. The provisions of this Section 10.09 10.9 shall survive the termination of this Trust Agreement.
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Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders Holders that, until at least one year and one day after the Trust has been terminated dissolved in accordance with Article IX9, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, including the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event If the Depositor takes action in violation of this Section 10.0910.9, the Property Trustee agrees, for the benefit of SecurityholdersHolders, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Trustee or the Trust may assert. The provisions of this Section 10.09 shall survive the termination of this Trust Agreement.
Appears in 1 contract
Samples: Trust Agreement (Visteon Corp)
Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.0911.10, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Property Trustee or the Trust may assert. The provisions of this Section 10.09 11.10 shall survive the termination of this Trust Agreement.
Appears in 1 contract
Samples: Trust Agreement (Integon Capital I)
Agreement Not to Petition. Each of the Trustees and the Depositor agrees for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated dissolved in accordance with Article IX9, it shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.0910.9, the Property Trustee agrees, for the benefit of Securityholders, that that, at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped estopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Trustee or the Trust may assert. The provisions of this Section 10.09 10.9 shall survive the termination dissolution of this Trust Agreement.
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Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders that, until at least one year and one 1 day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy CodeCode of 1978, as amended) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.091009, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor (which expense shall be paid prior to the filing), it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped estopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees or the Trust may asserttherefrom. The provisions of this Section 10.09 1009 shall survive the termination of this Trust Agreement.
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Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX9, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "“Bankruptcy Laws"”) or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.0910.9, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Trustee or the Trust may assert. The provisions of this Section 10.09 10.9 shall survive the termination of this Trust Agreement.
Appears in 1 contract
Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IXX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.0910.10, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Property Trustee or the Trust may assert. The provisions of this Section 10.09 10.10 shall survive the termination of this Trust Agreement.
Appears in 1 contract
Samples: Trust Agreement (TCF Capital I)
Agreement Not to Petition. Each of the Administrators, Trustees and the Depositor agrees agree for the benefit of the Securityholders Holders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) Code (collectively, "“Bankruptcy Laws"”) or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.0910.9, the Property Trustee agrees, for the benefit of SecurityholdersHolders, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped estopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Trustee or the Trust may assert. The provisions provision of this Section 10.09 10.9 shall survive the termination of this Trust Agreement.
Appears in 1 contract
Samples: Trust Agreement (Metrocorp Inc)
Agreement Not to Petition. Each of the Trustees and ------------------------- the Depositor agrees agree for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation or other similar law (including, without limitation, the United States Federal Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.0910.08, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Property Trustee or the Trust may assert. The provisions of this Section 10.09 10.08 shall survive the termination of this Trust Agreement.
Appears in 1 contract
Samples: Trust Agreement (Rouse Company)
Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IXVI, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.097.10, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Property Trustee or the Trust may assert. The provisions of this Section 10.09 7.10 shall survive the termination of this Trust Agreement.
Appears in 1 contract
Agreement Not to Petition. Each of the Issuer Trustees and the Depositor agrees agree for the benefit of the Securityholders Holders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.0910.9, the Property Trustee agrees, for the benefit of SecurityholdersHolders, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Property Trustee or the Trust may assert. The provisions of this Section 10.09 10.9 shall survive the termination of this Trust Agreement.
Appears in 1 contract
Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.0910.9, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped estopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Trustee or the Trust may assert. The provisions of this Section 10.09 10.9 shall survive the termination of this Trust AgreementDeclaration of Trust.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Republic New York Capital Iv)
Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation or other similar law (including, without limitation, the United States Federal Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.09, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom there from and such other defenses, if any, as counsel for the Trustees Property Trustee or the Trust may assert. The provisions of this Section 10.09 shall survive the termination of this Trust Agreement.
Appears in 1 contract
Agreement Not to Petition. Each of the Trustees and -------------------------- the Depositor agrees agree for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IXVIII, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") Laws or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor or any of the Trustees takes action in violation of this Section 10.09, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor or any of the Trustees, as applicable, against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Property Trustee or the Trust may assert. The provisions of this Section 10.09 shall survive the termination of this Trust Agreement.
Appears in 1 contract
Samples: Trust Agreement (SJG Capital Trust)
Agreement Not to Petition. Each of the Trustees and the Depositor agrees for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "“Bankruptcy Laws"”) or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.0911.09, the Property Trustee agrees, for the benefit of Securityholders, that it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees or the Trust may assert. The provisions of this Section 10.09 11.09 shall survive the termination of this Trust Agreement.
Appears in 1 contract
Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.0910.08, the Property Trustee agrees, for the benefit of SecurityholdersSecurit- yholders, that at the expense of Depositor it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Trustee or the Trust may assert. The provisions of this Section 10.09 10.08 shall survive the termination of this Trust Agreement.
Appears in 1 contract
Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, including the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.0910.10, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Property Trustee or the Trust may assert. The provisions of this Section 10.09 10.10 shall survive the termination of this Trust Agreement.
Appears in 1 contract
Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "“Bankruptcy Laws"”) or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.0910.9, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Property Trustee or the Trust may assert. The provisions of this Section 10.09 10.9 shall survive the termination of this Trust Agreement.
Appears in 1 contract
Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX9, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.09, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees or the Trust may assert. The provisions of this Section 10.09 shall survive the termination of this Trust Agreement.
Appears in 1 contract
Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.0910.9, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped estopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Trustee or the Trust may assert. The provisions of this Section 10.09 10.9 shall survive the termination of this Trust Agreement.
Appears in 1 contract
Samples: Trust Agreement (Oneok Inc /New/)
Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX9, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.09Section, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor (which expense shall be paid prior to the filing), it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees or the Trust may asserttherefrom. The provisions of this Section 10.09 shall survive the termination of this Trust Agreement.
Appears in 1 contract
Agreement Not to Petition. Each of the Trustees and the Depositor agrees for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy CodeCode of 1978, as amended) (collectively, "“Bankruptcy Laws"”) or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor or any of the Trustees takes action in violation of this Section 10.091009, the Property Trustee agrees, for the benefit of the Securityholders, that at the expense of the Depositor (which expense shall be paid prior to the filing), it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor or such Trustee against the Trust or the commencement of such action and raise the defense that the Depositor or such Trustee has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees or the Trust may asserttherefrom. The provisions of this Section 10.09 1009 shall survive the termination of this Trust Agreement.
Appears in 1 contract
Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy CodeCode of 1978, as amended) (collectively, "“Bankruptcy Laws"”) or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor or any of the Trustees takes action in violation of this Section 10.09, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor (which expense shall be paid prior to the filing), it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor or such Trustee against the Trust or the commencement of such action and raise the defense that the Depositor or such Trustee has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees or the Trust may asserttherefrom. The provisions of this Section 10.09 shall survive the termination of this Trust Agreement.
Appears in 1 contract
Samples: Trust Agreement (Bridge Bancorp Inc)
Agreement Not to Petition. Each of the Trustees and -------------------------- the Depositor agrees for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated dissolved in accordance with Article IX9, it shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy Laws") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.0910.9, the Property Trustee agrees, for the benefit of Securityholders, that that, at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Trustee or the Trust may assert. The provisions of this Section 10.09 10.9 shall survive the termination dissolution of this Trust Agreement.
Appears in 1 contract
Samples: Trust Agreement (Alcoa Trust I)
Agreement Not to Petition. Each of the Trustees and the Depositor agrees agree for the benefit of the Securityholders that, until at least one year and one day after the Trust has been terminated in accordance with Article IX, it they shall not file, or join in the filing of, a petition against the Trust under any bankruptcy, reorganization, arrangement, insolvency, liquidation reorganization or other similar law (including, without limitation, the United States Bankruptcy Code) (collectively, "Bankruptcy LawsBANKRUPTCY LAWS") or otherwise join in the commencement of any proceeding against the Trust under any Bankruptcy Law. In the event the Depositor takes action in violation of this Section 10.0910.9, the Property Trustee agrees, for the benefit of Securityholders, that at the expense of the Depositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Depositor against the Trust or the commencement of such action and raise the defense that the Depositor has agreed in writing not to take such action and should be stopped and precluded therefrom and such other defenses, if any, as counsel for the Trustees Trustee or the Trust may assert. The provisions of this Section 10.09 10.9 shall survive the termination of this Trust Agreement.
Appears in 1 contract
