Common use of Applications under Insolvency Statutes Clause in Contracts

Applications under Insolvency Statutes. Each Borrower and Guarantor acknowledges that its business and financial relationships with Agent and Lenders are unique from its relationship with any other of its creditors, and agrees that it shall not file any plan of arrangement under the CCAA or make any proposal under the BIA which provides for, or would permit directly or indirectly, Agent or any Lender to be classified with any other creditor as an “affected” creditor for purposes of such plan or proposal or otherwise.

Applications under Insolvency Statutes. Each Borrower and Guarantor acknowledges that its business and financial relationships with Agent Agent, Lenders and Lenders Issuing Banks are unique from its relationship with any other of its creditors, and agrees that it shall not file any plan of arrangement under the CCAA or make any proposal under the BIA which provides for, or would permit directly or indirectly, Agent or Agent, any Lender or Issuing Bank to be classified with any other creditor as an “affected” creditor for purposes of such plan or proposal or otherwise.