Common use of No Bankruptcy Petition Against the Borrower; Liability of the Borrower Clause in Contracts

No Bankruptcy Petition Against the Borrower; Liability of the Borrower. (a) Each of the Administrative Agent and the Lenders hereby covenants and agrees that, prior to the date which is one year and one day after the payment in full of all Loans and other amounts payable hereunder and all Pari Passu Indebtedness, it will not institute against, or join with or assist any other Person in instituting against, the Borrower, any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, or other proceedings under any applicable insolvency laws. This Section 8.16 shall survive the termination of this Agreement. (b) Notwithstanding any other provision hereof or of any other Loan Documents, the sole remedy of the Administrative Agent, any Lender or any other Person against the Borrower in respect of any obligation, covenant, representation, warranty or agreement of the Borrower under or related to this Agreement or any other Loan Document shall be against the assets of the Borrower. Neither the Administrative Agent, nor any Lender nor any other Person shall have any claim against the Borrower to the extent that such assets are insufficient to meet such obligations, covenant, representation, warranty or agreement (the difference being referred to herein as a “shortfall”) and all claims in respect of the shortfall shall be extinguished; provided, however, that the provisions of this Section 8.16 apply solely to the obligations of the Borrower and shall not extinguish such shortfall or otherwise restrict such Person’s rights or remedies against the Guarantor for purposes of the obligations of the Guarantor to any Person under the Guaranty Agreement.

No Bankruptcy Petition Against the Borrower; Liability of the Borrower. (a) Each of the Administrative Agent Noteholders and the Lenders Trustee hereby covenants and agrees that, prior to the date which is one year and one day after the payment in full of all Loans and other amounts payable hereunder the last maturing Note and all Pari Passu Indebtednessother Indebtedness of the Company ranking equal with or junior to the Notes in right of payment, it will not institute against, or join with or assist any other Person in instituting against, the BorrowerCompany, any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, or other proceedings under any applicable insolvency laws. This Section 8.16 shall survive the termination of this Agreement. (b) Notwithstanding any other provision hereof or of any other Loan Documentshereof, the sole remedy of any Noteholder, the Administrative Agent, any Lender Trustee or any other Person against the Borrower Company in respect of any obligation, covenant, representation, warranty or agreement of the Borrower Company under or related to this Agreement Indenture or any other Loan Document the Notes shall be against the assets of the BorrowerCompany. Neither the Administrative AgentTrustee, nor any Lender Noteholder nor any other Person shall have any claim against the Borrower Company to the extent that such assets are insufficient to meet such obligations, covenant, representation, warranty or agreement (the difference being referred to herein as a “shortfall”) and all claims in respect of the shortfall shall be extinguished; provided, however, that the provisions of this Section 8.16 11.17 apply solely to the obligations of the Borrower Company and shall not extinguish such shortfall or otherwise restrict such Person’s rights or remedies against the Guarantor for purposes of the obligations of the Guarantor to any Person under the Guaranty AgreementGuarantee. The provisions of this Section 11.17 shall survive the termination of this Indenture and the resignation or removal of the Trustee.

No Bankruptcy Petition Against the Borrower; Liability of the Borrower. (a) Each of the Administrative Agent and the Lenders hereby covenants and agrees that, prior to the date which is one year and one day after the payment in full of all Loans and other amounts payable hereunder and all Pari Passu Indebtedness, it will not institute against, or join with or assist any other Person in instituting against, the Borrower, any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, or other proceedings under any applicable insolvency laws. This Section 8.16 sub-clause 20.1 shall survive the termination of this Agreement. (b) Notwithstanding any other provision hereof or of any other Loan Finance Documents, the sole remedy of the Administrative Agent, any Lender or any other Person against the Borrower in respect of any obligation, covenant, representation, warranty or agreement of the Borrower under or related to this Agreement or any other Loan Finance Document shall be against the assets of the Borrower. Neither the Administrative Agent, nor any Lender nor any other Person shall have any claim against the Borrower to the extent that such assets are insufficient to meet such obligations, covenant, representation, warranty or agreement (the difference being referred to herein as a “shortfall”) and all claims in respect of the shortfall shall be extinguished; provided, however, that the provisions of this Section 8.16 sub-clause 20.1 apply solely to the obligations of the Borrower and shall not extinguish such shortfall or otherwise restrict such Person’s rights or remedies against the Guarantor for purposes of the obligations of the Guarantor to any Person under the Guaranty AgreementParent.

No Bankruptcy Petition Against the Borrower; Liability of the Borrower. (a) Each of the Administrative Agent and the Lenders hereby covenants and agrees that, prior to the date which is one year and one day after the payment in full of all Loans and other amounts payable hereunder and all Pari Passu Indebtedness, it will not institute against, or join with or assist any other Person in instituting against, the Borrower, any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, or other proceedings under any applicable insolvency laws. This Section 8.16 shall survive the termination of this Agreement. (b) Notwithstanding any other provision hereof or of any other Loan Documents, the sole remedy of the Administrative Agent, any Lender or any other Person against the Borrower in respect of any obligation, covenant, representation, warranty or agreement of the Borrower under or related to this Agreement or any other Loan Document shall be against the assets of the Borrower. Neither the Administrative Agent, nor any Lender nor any other Person shall have any claim against the Borrower to the extent that such assets are insufficient to meet such obligations, covenant, representation, warranty or agreement (the difference being referred to herein as a “shortfall”"SHORTFALL") and all claims in respect of the shortfall shall be extinguished; providedPROVIDED, howeverHOWEVER, that the provisions of this Section 8.16 apply solely to the obligations of the Borrower and shall not extinguish such shortfall or otherwise restrict such Person’s 's rights or remedies against the Guarantor for purposes of the obligations of the Guarantor to any Person under the Guaranty Agreement.

No Bankruptcy Petition Against the Borrower; Liability of the Borrower. (a) Each of the Administrative Agent Noteholders and the Lenders Trustee hereby covenants and agrees that, prior to the date which is one year and one day after the payment in full of all Loans and other amounts payable hereunder the last maturing Note and all Pari Passu Indebtednessother Indebtedness of the Company ranking equal with or junior to the Notes in right of payment, it will not institute against, or join with or assist any other Person in instituting against, the BorrowerCompany, any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, or other proceedings under any applicable insolvency laws. This Section 8.16 shall survive the termination of this Agreement. (b) Notwithstanding any other provision hereof or of any other Loan Documentshereof, the sole remedy of any Noteholder, the Administrative Agent, any Lender Trustee or any other Person against the Borrower Company in respect of any obligation, covenant, representation, warranty or agreement of the Borrower Company under or related to this Agreement Indenture or any other Loan Document the Notes shall be against the assets of the BorrowerCompany. Neither the Administrative AgentTrustee, nor any Lender Noteholder nor any other Person shall have any claim against the Borrower Company to the extent that such assets are insufficient to meet such obligations, covenant, representation, warranty or agreement (the difference being referred to herein as a “"shortfall”") and all claims in respect of the shortfall shall be extinguished; provided, however, that the provisions of this Section 8.16 11.17 apply solely to the obligations of the Borrower Company and shall not extinguish such shortfall or otherwise restrict such Person’s 's rights or remedies against the Guarantor for purposes of the obligations of the Guarantor to any Person under the Guaranty AgreementGuarantee. The provisions of this Section 11.17 shall survive the termination of this Indenture and the resignation or removal of the Trustee.

No Bankruptcy Petition Against the Borrower; Liability of the Borrower. (a) Each of the Administrative Agent and the Lenders hereby covenants and agrees that, prior to the date which is one year and one day after the payment in full of all Loans and other amounts payable hereunder and all Pari Passu Indebtedness, it will not institute against, or join with or assist any other Person in instituting against, the Borrower, any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, or other proceedings under any applicable insolvency laws. This Section 8.16 Clause 22.1 shall survive the termination of this Agreement. (b) Notwithstanding any other provision hereof or of any other Loan Finance Documents, the sole remedy of the Administrative Agent, any Lender or any other Person against the Borrower in respect of any obligation, covenant, representation, warranty or agreement of the Borrower under or related to this Agreement or any other Loan Finance Document shall be against the assets of the Borrower. Neither the Administrative Agent, nor any Lender nor any other Person shall have any claim against the Borrower to the extent that such assets are insufficient to meet such obligations, covenant, representation, warranty or agreement (the difference being referred to herein as a “shortfall”) and all claims in respect of the shortfall shall be extinguished; provided, however, that the provisions of this Section 8.16 Clause 22.1 apply solely to the obligations of the Borrower and shall not extinguish such shortfall or otherwise restrict such Person’s rights or remedies against the Guarantor for purposes of the obligations of the Guarantor to any Person under the Guaranty AgreementParent.

No Bankruptcy Petition Against the Borrower; Liability of the Borrower. (a) Each of the Administrative Agent Noteholders and the Lenders Trustee hereby covenants and agrees that, prior to the date which is one year and one day after the payment in full of all Loans and other amounts payable hereunder the last maturing Note and all Pari Passu Indebtednessother Indebtedness of the Company ranking equal with or junior to the Notes in right of payment, it will not institute against, or join with or assist any other Person in instituting against, the BorrowerCompany, any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, or other proceedings under any applicable insolvency laws. This Section 8.16 shall survive the termination of this Agreement. (b) Notwithstanding any other provision hereof or of any other Loan Documentshereof, the sole remedy of any Noteholder, the Administrative Agent, any Lender Trustee or any other Person against the Borrower Company in respect of any obligation, covenant, representation, warranty or agreement of the Borrower Company under or related to this Agreement Indenture or any other Loan Document the Notes shall be against the assets of the BorrowerCompany. Neither the Administrative AgentTrustee, nor any Lender Noteholder nor any other Person shall have any claim against the Borrower Company to the extent that such assets are insufficient to meet such obligations, covenant, representation, warranty or agreement (the difference being referred to herein as a “shortfall”) and all claims in respect of the shortfall shall be extinguished; provided, however, that the provisions of this Section 8.16 12.17 apply solely to the obligations of the Borrower Company and shall not extinguish such shortfall or otherwise restrict such Person’s rights or remedies against the Guarantor for purposes of the obligations of the Guarantor to any Person under the Guaranty AgreementGuarantee. The provisions of this Section 12.17 shall survive the termination of this Indenture and the resignation or removal of the Trustee .

No Bankruptcy Petition Against the Borrower; Liability of the Borrower. (a1) Each of the Administrative Agent and the Lenders hereby covenants and agrees that, prior to the date which is one year and one day after the payment in full of all Loans and other amounts payable hereunder and all Pari Passu Indebtedness, it will not institute against, or join with or assist any other Person in instituting against, the Borrower, any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, or other proceedings under any applicable insolvency laws. This Section 8.16 shall survive the termination of this Agreement. (b2) Notwithstanding any other provision hereof or of any other Loan Documents, the sole remedy of the Administrative Agent, any Lender or any other Person against the Borrower in respect of any obligation, covenant, representation, warranty or agreement of the Borrower under or related to this Agreement or any other Loan Document shall be against the assets of the Borrower. Neither the Administrative Agent, nor any Lender nor any other Person shall have any claim against the Borrower to the extent that such assets are insufficient to meet such obligations, covenant, representation, warranty or agreement (the difference being referred to herein as a “shortfall”) and all claims in respect of the shortfall shall be extinguished; provided, however, that the provisions of this Section 8.16 apply solely to the obligations of the Borrower and shall not extinguish such shortfall or otherwise restrict such Person’s rights or remedies against the Guarantor for purposes of the obligations of the Guarantor to any Person under the Guaranty Agreement.

No Bankruptcy Petition Against the Borrower; Liability of the Borrower. (a) Each of the Administrative Agent Noteholders and the Lenders Trustee hereby covenants and agrees that, prior to the date which is one year and one day after the payment in full of all Loans and other amounts payable hereunder the last maturing Note and all Pari Passu Indebtednessother Indebtedness of the Company ranking equal with or junior to the Notes in right of payment, it will not institute against, or join with or assist any other Person in instituting against, the BorrowerCompany, any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, or other proceedings under any applicable insolvency laws. This Section 8.16 shall survive the termination of this Agreement. (b) Notwithstanding any other provision hereof or of any other Loan Documentshereof, the sole remedy of any Noteholder, the Administrative Agent, any Lender Trustee or any other Person against the Borrower Company in respect of any obligation, covenant, representation, warranty or agreement of the Borrower Company under or related to this Agreement Indenture or any other Loan Document the Notes shall be against the assets of the BorrowerCompany. Neither the Administrative AgentTrustee, nor any Lender Noteholder nor any other Person shall have any claim against the Borrower Company to the extent that such assets are insufficient to meet such obligations, covenant, representation, warranty or agreement (the difference being referred to herein as a “shortfall”) and all claims in respect of the shortfall shall be extinguished; provided, however, that the provisions of this Section 8.16 13.17 apply solely to the obligations of the Borrower Company and shall not extinguish such shortfall or otherwise restrict such Person’s rights or remedies against the Guarantor for purposes of the obligations of the Guarantor to any Person under the Guaranty AgreementGuarantee. The provisions of this Section 13.17 shall survive the termination of this Indenture and the resignation or removal of the Trustee.

No Bankruptcy Petition Against the Borrower; Liability of the Borrower. (a) Each of the Administrative Agent and the Lenders hereby covenants and agrees that, prior to the date which is one year and one day after the payment in full of all Loans and other amounts payable hereunder and all Pari Passu Indebtedness, it will not institute against, or join with or assist any other Person in instituting against, the Borrower, any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, or other proceedings under any applicable insolvency laws. This Section 8.16 shall survive the termination of this Agreement. (b) Notwithstanding any other provision hereof or of any other Loan Documents, the sole remedy of the Administrative Agent, any Lender or any other Person against the Borrower in respect of any obligation, covenant, representation, warranty or agreement of the Borrower under or related to this Agreement or any other Loan Document shall be against the assets of the Borrower. Neither the Administrative Agent, nor any Lender nor any other Person shall have any claim against the Borrower to the extent that such assets are insufficient to meet such obligations, covenant, representation, warranty or agreement (the difference being referred to herein as a “"shortfall”") and all claims in respect of the shortfall shall be extinguished; provided, however, that the provisions of this Section 8.16 apply solely to the obligations of the Borrower and shall not extinguish such shortfall or otherwise restrict such Person’s 's rights or remedies against the Guarantor for purposes of the obligations of the Guarantor to any Person under the Guaranty Agreement.

No Bankruptcy Petition Against the Borrower; Liability of the Borrower. (a) Each of the Administrative Agent Noteholders and the Lenders Trustee hereby covenants and agrees that, prior to the date which is one year and one day after the payment in full of all Loans and other amounts payable hereunder the last maturing Note and all Pari Passu Indebtednessother Indebtedness of the Company ranking equal with or junior to the Notes in right of payment, it will not institute against, or join with or assist any other Person in instituting against, the BorrowerCompany, any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, or other proceedings under any applicable insolvency laws. This Section 8.16 shall survive the termination of this Agreement. (b) Notwithstanding any other provision hereof or of any other Loan Documentshereof, the sole remedy of any Noteholder, the Administrative Agent, any Lender Trustee or any other Person against the Borrower Company in respect of any obligation, covenant, representation, warranty or agreement of the Borrower Company under or related to this Agreement Indenture or any other Loan Document the Notes shall be against the assets of the BorrowerCompany. Neither the Administrative AgentTrustee, nor any Lender Noteholder nor any other Person shall have any claim against the Borrower Company to the extent that such assets are insufficient to meet such obligations, covenant, representation, warranty or agreement (the difference being referred to herein as a “shortfall”) and all claims in respect of the shortfall shall be extinguished; provided, however, that the provisions of this Section 8.16 11.17 apply solely to the obligations of the Borrower Company and shall not extinguish such shortfall or otherwise restrict such Person’s rights or remedies against the Guarantor for purposes of the obligations of the Guarantor to any Person under the Guaranty AgreementGuarantee. The provisions of this Section 11.17 shall survive the termination of this Indenture and the resignation or removal of the Trustee .

No Bankruptcy Petition Against the Borrower; Liability of the Borrower. (a) Each of the Administrative Agent and the Lenders hereby covenants and agrees that, prior to the date which is one year and one day after the payment in full of all Loans and other amounts payable hereunder and all Pari Passu Indebtedness, it will not institute against, or join with or assist any other Person in instituting against, the Borrower, any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, or other proceedings under any applicable insolvency laws. This Section 8.16 Clause 20 shall survive the termination of this Agreement. (b) Notwithstanding any other provision hereof or of any other Loan Finance Documents, the sole remedy of the Administrative Agent, any Lender or any other Person against the Borrower in respect of any obligation, covenant, representation, warranty or agreement of the Borrower under or related to this Agreement or any other Loan Finance Document shall be against the assets of the Borrower. Neither the Administrative Agent, nor any Lender nor any other Person shall have any claim against the Borrower to the extent that such assets are insufficient to meet such obligations, covenant, representation, warranty or agreement (the difference being referred to herein as a “shortfall”) and all claims in respect of the shortfall shall be extinguished; provided, however, that the provisions of this Section 8.16 Clause 20 apply solely to the obligations of the Borrower and shall not extinguish such shortfall or otherwise restrict such Person’s rights or remedies against the Guarantor for purposes of the obligations of the Guarantor to any Person under the Guaranty AgreementParent.

No Bankruptcy Petition Against the Borrower; Liability of the Borrower. (a) Each of the Administrative Agent and the Lenders hereby covenants and agrees that, prior to the date which is one year and one day after the payment in full of all Loans and other amounts payable hereunder and all Pari Passu Indebtedness, it will not institute against, or join with or assist any other Person in instituting against, the Borrower, any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, or other proceedings under any applicable insolvency laws. This Section 8.16 shall survive the termination of this Agreement. (b) Notwithstanding any other provision hereof or of any other Loan Documents, the sole remedy of the Administrative Agent, any Lender or any other Person against the Borrower in respect of any obligation, covenant, representation, warranty or agreement of the Borrower under or related to this Agreement or any other Loan Document shall be against the assets of the Borrower. Neither the Administrative Agent, nor any Lender nor any other Person shall have any claim against the Borrower to the extent that such assets are insufficient to meet such obligations, covenant, representation, warranty or agreement (the difference being referred to herein as a “shortfall”"SHORTFALL") and all claims in respect of the shortfall shall be extinguished; provided, howeverHOWEVER, that the provisions of this Section 8.16 apply solely to the obligations of the Borrower and shall not extinguish such shortfall or otherwise restrict such Person’s 's rights or remedies against the Guarantor for purposes of the obligations of the Guarantor to any Person under the Guaranty Agreement.

No Bankruptcy Petition Against the Borrower; Liability of the Borrower. (a) Each of the Administrative Agent Noteholders and the Lenders Trustee hereby covenants and agrees that, prior to the date which that is one year and one day after the payment in full of all Loans and other amounts payable hereunder the last maturing Note and all Pari Passu Indebtednessother Indebtedness of the Company ranking equal with or junior to the Notes in right of payment, it will not institute against, or join with or assist any other Person in instituting against, the BorrowerCompany, any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, or other proceedings under any applicable insolvency laws. This Section 8.16 shall survive the termination of this Agreement. (b) Notwithstanding any other provision hereof or of any other Loan Documentshereof, the sole remedy of any Noteholder, the Administrative Agent, any Lender Trustee or any other Person against the Borrower Company in respect of any obligation, covenant, representation, warranty or agreement of the Borrower Company under or related to this Agreement Indenture or any other Loan Document the Notes shall be against the assets of the BorrowerCompany. Neither the Administrative AgentTrustee, nor any Lender Noteholder nor any other Person shall have any claim against the Borrower Company to the extent that such assets are insufficient to meet such obligations, covenant, representation, warranty or agreement (the difference being referred to herein as a “shortfall”) and all claims in respect of the shortfall shall be extinguished; provided, however, that the provisions of this Section 8.16 11.16 apply solely to the obligations of the Borrower Company and shall not extinguish such shortfall or otherwise restrict such Person’s rights or remedies against the any Guarantor for purposes of the obligations of the such Guarantor to any Person under the Guaranty AgreementGuarantee. The provisions of this Section 11.16 shall survive the termination of this Indenture and the resignation or removal of the Trustee .