Bankruptcy Non-Petition. The parties hereby agree that they shall not institute against, or join any other person in instituting against, any Buyer that is a CP Conduit any bankruptcy, reorganization, arrangement, insolvency or liquidation proceeding, or other proceeding under any federal or state bankruptcy or similar law, for one year and one day after the latest maturing commercial paper note issued by the applicable CP Conduit is paid in full.
Bankruptcy Non-Petition. The Valuation Agent hereby covenants and agrees that it will not at any time (i) commence or institute against the Borrower or join with or facilitate any other Person in commencing or instituting against the Borrower any bankruptcy, reorganization, arrangement, readjustment of debt, dissolution, receivership, insolvency, liquidation proceedings, or other proceedings under any United States federal or state, or other jurisdiction, bankruptcy or similar law or statute now or hereafter in effect in connection with any obligations relating to this Agreement or any of the other Loan Documents or (ii) in its capacity as Valuation Agent, participate in any assignment for the benefit of creditors, compositions, or arrangements with respect to the Borrower’s debts. The provisions of this Section 16 shall survive the termination of this Agreement.
Bankruptcy Non-Petition. The Collateral Administrator hereby covenants and agrees that it will not at any time (i) commence or institute against the Borrower or join with or facilitate any other Person in commencing or instituting against the Borrower any bankruptcy, reorganization, arrangement, readjustment of debt, dissolution, receivership, insolvency, liquidation proceedings, or other proceedings under any United States federal or state, or other jurisdiction, bankruptcy or similar law or statute now or hereafter in effect in connection with any obligations relating to this Agreement or any of the other Loan Documents or (ii) in its capacity as Collateral Administrator, participate in any assignment for the benefit of creditors, compositions, or arrangements with respect to the Borrower’s debts. The provisions of this Section 16 shall survive the termination of this Agreement.
Bankruptcy Non-Petition. The Custodian hereby covenants and agrees that it will not at any time (a) commence or institute against the Borrower or join with or facilitate any other Person in commencing or instituting against the Borrower any bankruptcy, reorganization, arrangement, readjustment of debt, dissolution, receivership, insolvency, liquidation proceedings, or other proceedings under any United States federal or state, or other jurisdiction, bankruptcy or similar law or statute now or hereafter in effect in connection with any obligations relating to this Agreement or any of the other Loan Documents or (b) in its capacity as Custodian, participate in any assignment for the benefit of creditors, compositions, or arrangements with respect to the Borrower’s debts. The provisions of this Section 8.9 shall survive the termination of this Agreement.
Bankruptcy Non-Petition. The parties hereby agree that they shall not institute against, or join any other person in instituting against, any Buyer that is a CP Conduit any bankruptcy, reorganization, arrangement, insolvency or liquidation proceeding, or other proceeding under any federal or state bankruptcy or similar law, for one (1) year and one (1) day after the latest maturing commercial paper note issued by the applicable CP Conduit is paid in full. Nothing in this Section 42 shall preclude any party (i) from filing any claim prior to the expiration of the aforementioned one year and one day period in (A) any insolvency proceeding voluntarily filed or commenced by such CP Conduit or (B) any involuntary insolvency proceeding filed or commenced by a Person other than such party, or (ii) from commencing against such CP Conduit any legal action which is not an insolvency proceeding.
Bankruptcy Non-Petition. 62 44. Limited Recourse......................................................................................................62 45. Reserved....................................................................................................................63 46. Contractual Recognition of UK Stay In Resolution.................................................63 47. Acknowledgement and Consent to Bail-In of EEA Financial Institutions...............63 48. Notice Regarding Client Money Rules.....................................................................64 SCHEDULES Schedule 1 – Representations and Warranties with Respect to Purchased Mortgage Loans Schedule 2 – Authorized Representatives EXHIBITS Exhibit A – Reserved Exhibit B – Reserved Exhibit C – Form of Transaction Notice Exhibit D – Form of Power of Attorney Exhibit E – Reserved Exhibit F – Reserved Exhibit G – Seller’s Tax Identification Number Exhibit H – Form of Correspondent Seller Release Exhibit I – Escrow Instruction Letter Exhibit J – Form of Servicer Notice This is a MASTER REPURCHASE AGREEMENT, dated as of February 14, 2019, by and among BARCLAYS BANK PLC, as Administrative Agent (as defined below) on behalf of Buyers, BARCLAYS BANK PLC (“Barclays,” a “Buyer” and a “Committed Buyer”), NOMURA CORPORATE FUNDING AMERICAS, LLC (“Nomura,” a “Buyer” and a “Committed Buyer”), other Buyers party hereto from time to time, and DITECH FINANCIAL LLC (“Seller”). Administrative Agent may, from time to time, assign its rights and obligations under this Agreement as permitted hereunder; provided that Administrative Agent shall continue to administer this Agreement as contemplated hereunder.
Bankruptcy Non-Petition. Each of Share Seller and Share Purchaser hereby agrees that it will not, until such time as it becomes a Non-Defaulting Party, acquiesce, petition or otherwise invoke or cause the Trust to invoke the process of any court or governmental authority for the purpose of commencing or sustaining a case against the Trust under any federal or state bankruptcy, insolvency or similar law or appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator or other similar official of the Trust or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the Trust.
Bankruptcy Non-Petition. Neither the Servicer, the Secured Party, nor the Guarantor will at any time institute against the Trust any bankruptcy proceeding under any United States federal or State bankruptcy or similar law in connection with any obligations of the Trust under this Agreement; provided, that nothing in this Section shall preclude any party hereto from taking any action in any case or proceeding voluntarily filed or commenced by the Trust or in any involuntary proceeding filed or commenced against the Trust by any other person.
Bankruptcy Non-Petition. Each Member is deemed to have agreed, by becoming a Member, that, for a year plus one day after payment in full of all Company liabilities, such Member shall not act to petition or join in any petition for the Company to be adjudicated a bankrupt in any Bankruptcy or similar court.
Bankruptcy Non-Petition. The Seller hereby agrees that it will not institute against, or join any other Person in instituting against, the Purchaser any Insolvency Proceeding so long as there shall not have elapsed one year and one day (or such longer preference period as shall then be in effect) since the Collection Date. The Seller hereby acknowledges that (i) the Purchaser has no assets other than the Collateral, (ii) the Purchaser shall, immediately upon any Sale hereunder, grant a security interest in the Collateral to the Collateral Agent, for the benefit of the Secured Parties, pursuant to the LSA, and (iii) Collections generated by the Collateral will be applied to payment of the Purchaser's obligations under the LSA. In addition, the Seller shall have no recourse for any amounts payable or any other obligations arising under this Agreement against any officer, member, director, employee, partner, Affiliate or security holder of the Purchaser or any of its successors or assigns.
