Bankruptcy Proceeding. As of the applicable Cut-off Date, none of the Receivables was noted in the Servicer’s records as dischargeable debt under a bankruptcy proceeding and, as of the applicable Cut-off Date, none of the Receivables has been reduced or discharged in any bankruptcy proceeding.
Bankruptcy Proceeding. Any proceeding, whether voluntary or involuntary, under Title 11 of the United States Code or any other or successor State or Federal statute relating to assignment for the benefit of creditors, appointment of a receiver or trustee, bankruptcy, composition, insolvency, moratorium, reorganization, or similar matters.
Bankruptcy Proceeding. (a) NFC by accepting the Series 2004-B Portfolio Certificate, hereby covenants and agrees that it shall not, prior to the date which is one year and a day after which all obligations under each Permitted Financing have been paid in full, acquiesce, petition or otherwise invoke, or join any other Person in acquiescing, petitioning or otherwise invoking, against the Titling Trust or any Special Purpose Entity, any proceeding in court or with any governmental authority for the purpose of (i) commencing or sustaining a case against the Titling Trust or Special Purpose Entity under any federal or state bankruptcy, insolvency or similar law, or (ii) appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator or other similar official of all or any substantial part of the respective property of the Titling Trust or Special Purpose Entity, or (iii) ordering the winding up or liquidation of the affairs of the Titling Trust or Special Purpose Entity.
(b) Except as otherwise provided in the Titling Trust Agreement, NFC, by accepting the Series 2004-B Portfolio Certificate hereby releases all Claims to the General Titling Trust Assets (other than Claims to other Portfolio Interests obtained under other purchase agreements) and to each Portfolio Interest other than the Series 2004-B Portfolio Interest whether then or thereafter created and, in the event that such release is not given effect, to fully subordinate all Claims it may be deemed to have against the General Titling Trust Assets (other than Claims to other Portfolio Interests obtained under other purchase agreements) and each Portfolio Interest other than the Series 2004-B Portfolio Interest whether then or thereafter created.
Bankruptcy Proceeding. Seller has not filed a voluntary proceeding under the federal bankruptcy laws and has no knowledge of the filing of an involuntary proceeding against Seller under such laws.
Bankruptcy Proceeding. No Receivable as of the respective Cutoff Date is noted in the Seller's records as a dischargeable debt under a bankruptcy proceeding.
Bankruptcy Proceeding. No Receivable as of the respective Cutoff Date is noted in Aegis Finance's or the Seller's records as a dischargeable debt under a bankruptcy proceeding.
Bankruptcy Proceeding. A confirmation order relating to Hawaiian's emergence from bankruptcy shall have been entered in the United States Bankruptcy Court for the District of Hawaii.
Bankruptcy Proceeding. If there shall be pending a case or proceedings in bankruptcy with respect to, or for the reorganization or arrangement of, any Borrower under any bankruptcy or insolvency law or in case a conservator, liquidator, custodian, receiver or trustee shall have been appointed for any Borrower or any of the Collateral, the Master Collateral Agent may, but, unless requested in writing by the Required Facility Representatives, shall not (subject to Section 25(b)) be obligated to, file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Secured Parties allowed in such case or proceeding for the Obligations at the date of the institution of such case or proceeding, and for any additional amounts that may become due and payable under any of the Senior Facility Agreements or Junior Facility Agreements or other document or instrument creating or evidencing any Obligation after such date and to otherwise protect and assert its rights, liens and security interests in, under and to the Collateral. The Master Collateral Agent may, but, unless requested in writing by the Required Facility Representatives, shall not (subject to Section 25(b)) be obligated to, and unless prohibited by applicable law and regulations, vote (as directed by the Required Facility Representatives) on behalf of the Secured Parties in any election of a trustee, a standby trustee or person performing similar functions in any such case or proceeding. No provision of this Agreement shall be deemed to authorize the Master Collateral Agent to authorize or consent to or accept or adopt on behalf of any Secured Party any plan of reorganization, arrangement, adjustment or composition affecting the Senior Debt or the Junior Debt or the rights of any Secured Party or to authorize the Master Collateral Agent to vote in respect of the claim of any Secured Party in any such proceeding.
Bankruptcy Proceeding. No Receivable as of the Cutoff Date shall be noted in the Originator's records as a dischargeable debt under a bankruptcy proceeding.
Bankruptcy Proceeding. Neither the Company nor any of its Subsidiaries (as defined below) (a) has instituted or consented to the institution of any proceeding under a Debtor Relief Law relating to it or to all or any material part of its respective property; (b) is unable or has admitted in writing its inability to pay its debts as they mature; (
