COMMENCEMENT OF BANKRUPTCY PROCEEDINGS. Lessee, each Participant, each Note Holder, First Security, Owner Trustee, WTC and Mortgagee agree for the benefit of each of the others that it will not commence or join in any proceeding under the Bankruptcy Code to commence a case under Section 303 of the Bankruptcy Code against the Trust Estate. Nothing contained herein shall be deemed to preclude any Participant, any Note Holder, First Security, Owner Trustee, WTC or Mortgagee from filing any claim against the Trust Estate in any case commenced against the Trust Estate.
COMMENCEMENT OF BANKRUPTCY PROCEEDINGS. None of the obligations of the Sponsor under this Agreement shall be altered, limited or affected by any proceeding, voluntary or involuntary, involving the bankruptcy, reorganization, insolvency, receivership, liquidation or arrangement of the Borrower or the Sponsor, or by any defense which the Borrower or the Sponsor may have by reason of any order, decree or decision of any court or administrative body resulting from any such proceeding.
COMMENCEMENT OF BANKRUPTCY PROCEEDINGS. Lessee, each Participant, each Note Holder, Wells Faxxx, Owner Trustee, WTC and Mortgagee agree for the benefit of each of the others that it will not commence or join in any proceeding under the Bankruptcy Code to commence a case under Section 303 of the Bankruptcy Code against the Trust Estate. Nothing contained herein shall be deemed to preclude any Participant, any Note Holder, Wells Faxxx, Owner Trustee, WTC or Mortgagee from filing any claim against the Trust Estate in any case commenced against the Trust Estate or preclude the exercise of remedies pursuant to, or limit the rights of Mortgagee under, the Trust Indenture.
COMMENCEMENT OF BANKRUPTCY PROCEEDINGS. None of the obligations of the Equity Investor under this Agreement shall be altered, limited or affected by any proceeding, voluntary or involuntary, involving the bankruptcy, reorganization, insolvency, receivership, liquidation or arrangement of the Borrower or the Equity Investor, or by any defense which the Borrower or the Equity Investor may have by reason of any order, decree or decision of any court or administrative body resulting from any such proceeding.
COMMENCEMENT OF BANKRUPTCY PROCEEDINGS. Lessee, Owner Participant, FSB, and Owner Trustee agree for the benefit of each of the others that it will not commence or join in any proceeding under the Bankruptcy Code to commence a case under ss. 303 of the Bankruptcy Code against the Trust Estate. Nothing contained herein shall be deemed to preclude Owner Participant, FSB, or Owner Trustee from filing any claim against the Trust Estate in any case commenced against the Trust Estate.
COMMENCEMENT OF BANKRUPTCY PROCEEDINGS. Lessee, each Participant, Equity Guarantor, each Note Holder, First Security, Owner Trustee, WTC and Mortgagee agree for the benefit of each of the others that it will not commence or join in any proceeding under the Bankruptcy Code to commence a case under Section 303 of the Bankruptcy Code against the Trust Estate. Nothing contained herein shall be deemed to preclude any Participant, Equity Guarantor, any Note Holder, First Security, Owner Trustee, WTC or Mortgagee from filing any claim against the Trust Estate in any case commenced against the Trust Estate.
COMMENCEMENT OF BANKRUPTCY PROCEEDINGS. Proceedings are commenced against the Borrower or any Guarantor under any bankruptcy, reorganization, liquidation or similar laws of any jurisdiction and such proceedings remain undismissed for sixty (60) days after commencement; or
COMMENCEMENT OF BANKRUPTCY PROCEEDINGS. Lessee, each Participant, each Note Holder, FSB, Owner Trustee, SSB, and Mortgagee agree for the benefit of each of the others that it will not commence or join in any proceeding under the Bankruptcy Code to commence a case under (S) 303 of the Bankruptcy Code against the Trust Estate. Nothing contained herein shall be deemed to preclude any Participant, any Note Holder, FSB, Owner Trustee, SSB, or Mortgagee from filing any claim against the Trust Estate in any case commenced against the Trust Estate.
COMMENCEMENT OF BANKRUPTCY PROCEEDINGS. Section 3.2 Modification of Financial Restructuring Section 3.3 Performance of Obligations Section 3.4 No Opposition to Financial Restructuring Section 3.5 Impact of Appointment of Creditors Committee
COMMENCEMENT OF BANKRUPTCY PROCEEDINGS. If the required consents of the Noteholders are received to make the Restructuring Term Sheet effective by its terms, then within 45 days after such date (or such later date as the Consenting Lock-up Noteholders may agree), the Company shall file the Bankruptcy Proceedings including, substantially simultaneously therewith, the Joint Plan of Reorganization, Disclosure Statement and such “first-day” motions and papers as are necessary or appropriate and seek confirmation of the Joint Plan of Reorganization. The Joint Plan of Reorganization, accompanying Disclosure Statement and all “first-day” motions and papers shall be in form and substance reasonably satisfactory to the Company and counsel to the Consenting Lock-Up Noteholders.
