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.
Appears in 6 contracts
Samples: Guarantee and Security Agreement, Guarantee and Security Agreement, Custodial Agreement (Nuveen Mortgage Opportunity Term Fund 2)
