Common use of Limitation on Institution of Bankruptcy Proceedings Clause in Contracts

Limitation on Institution of Bankruptcy Proceedings. BNY shall not institute against or cause any other person to institute against, or join any other person in instituting against the Counterparty, any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, under any of the laws of the United States or any other jurisdiction, for a period of one year and one day (or, if longer, the applicable preference period) following indefeasible payment in full of the Certificates. This provision shall survive the expiration of this Agreement.

Appears in 29 contracts

Samples: Rate Cap Transaction (Harborview 2006-2), Rate Cap Transaction (HarborView 2006-Sb1), Pooling and Servicing Agreement (Harborview 2006-9)

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Limitation on Institution of Bankruptcy Proceedings. BNY shall not institute against or cause any other person to institute against, or join any other person in instituting against the CounterpartyCounterparty the Depositor or the Trust, any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, under any of the laws of the United States or any other jurisdiction, for a period of one year and one day (or, if longer, the applicable preference period) following indefeasible payment in full of the Certificates. This provision shall survive the expiration termination of this Agreement.

Appears in 5 contracts

Samples: Rate Cap Transaction (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Oa2), Rate Cap Transaction (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Ar1), Rate Cap Transaction (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Ar3)

Limitation on Institution of Bankruptcy Proceedings. BNY shall not institute against or cause any other person to institute against, or join any other person in instituting against Counterparty, the CounterpartyDepositor or the Trust, any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, under any of the laws of the United States or any other jurisdiction, for a period of one year and one day (or, if longer, the applicable preference period) following indefeasible payment in full of the Certificates. This provision shall survive the expiration termination of this Agreement.

Appears in 2 contracts

Samples: Rate Swap Transaction (Dsla 2007-Ar1), Rate Swap Transaction (Dsla 2007-Ar1)

Limitation on Institution of Bankruptcy Proceedings. BNY shall not institute against or cause any other person to institute against, or join any other person in instituting against the CounterpartyCounterparty or the Trust, any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, under any of the federal or state bankruptcy or similar law or bankruptcy or similar laws of the United States or any other jurisdiction, for a period of one year and one day (or, if longer, the applicable preference period) following indefeasible payment in full of the Certificates. This provision shall survive the expiration of this Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Soundview Home Loan Trust 2006-Eq1)

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Limitation on Institution of Bankruptcy Proceedings. BNY shall not institute against or cause any other person to institute against, or join any other person in instituting against the Counterparty, the Depositor or the Supplemental Interest Trust, any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, under any of the laws of the United States or any other jurisdiction, for a period of one year and one day (or, if longer, the applicable preference period) following indefeasible payment in full of the Certificates. This provision shall survive the expiration termination of this Agreement.

Appears in 1 contract

Samples: Isda Master Agreement (Bayview Financial Mortgage Pass-Through Trust 2007-A)

Limitation on Institution of Bankruptcy Proceedings. BNY shall not institute against or cause any other person to institute against, or join any other person in instituting against the Counterparty, any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, under any of the laws of the United States or any other jurisdiction, for a period of one year and one day (or, if longer, the applicable preference period) following indefeasible payment in full of the Certificates. This provision shall survive the expiration of this Agreement.. Ref No. 38556

Appears in 1 contract

Samples: Pooling and Servicing Agreement (HarborView 2006-10)

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