Common use of No Bankruptcy Petition Against the Issuer Clause in Contracts

No Bankruptcy Petition Against the Issuer. Each of the Noteholders, by its acceptance of an interest in a Note, will be deemed to covenant and agree, and each of the Servicer and the Indenture Trustee hereby covenants and agrees that, prior to the date which is one year and one day (or if longer, the applicable preference period then in effect) after the payment in full of the latest maturing Note, it will not institute against, or join with any other Person in instituting, against the Issuer any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, or other proceedings, under any federal or state bankruptcy or similar law; provided, that nothing in this Section 13.16 shall constitute a waiver of any right to indemnification, reimbursement or other payment from the Issuer pursuant to this Indenture. In the event that any such Noteholder or the Indenture Trustee takes action in violation of this Section 13.16, the Issuer shall file an answer with the bankruptcy court or otherwise properly contesting the filing of such a petition by any such Noteholder or the Indenture Trustee against the Issuer or the commencement of such action and raising the defense that such Noteholder or the Indenture Trustee has agreed in writing not to take such action and should be estopped and precluded therefrom and such other defenses, if any, as its counsel advises that it may assert. The provisions of this Section 13.16 shall survive the termination of this Indenture, and the resignation or removal of the Indenture Trustee.

No Bankruptcy Petition Against the Issuer. Each of the NoteholdersSecured Parties and the Trustee by entering into the Indenture, any Series Supplement or any Note Purchase Agreement, and in the case of a Noteholder and Note Owner, by its acceptance of an interest in accepting a Note, will be deemed to covenant and agree, and each of the Servicer and the Indenture Trustee hereby covenants and agrees that, prior to the date which is one year and one day (or if longer, the applicable preference period then in effect) after the payment in full of the latest maturing NoteNote and the termination of the Indenture, it will not institute against, or join with any other Person in institutinginstituting against, against the Issuer any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedingsProceedings, or other proceedingsProceedings, under any United States federal or state bankruptcy or similar law; providedLaw in connection with any obligations relating to the Notes, that nothing in this Section 13.16 shall constitute a waiver the Indenture or any of any right to indemnification, reimbursement or other payment from the Issuer pursuant to this IndentureTransaction Documents. In the event that any such Noteholder Secured Party or the Indenture Trustee takes action in violation of this Section 13.1615.17, the Issuer shall file an answer with the bankruptcy court or otherwise properly contesting the filing of such a petition by any such Noteholder Secured Party or the Indenture Trustee against the Issuer or the commencement of such action and raising the defense that such Noteholder Secured Party or the Indenture Trustee has agreed in writing not to take such action and should be estopped and precluded therefrom and such other defenses, if any, as its counsel advises that it may assert. The provisions of this Section 13.16 15.17 shall survive the termination of this Indenture, and the resignation or removal of the Indenture Trustee. Nothing contained herein shall preclude participation by any Secured Party or the Trustee in the assertion or defense of its claims in any such Proceeding involving the Issuer.

No Bankruptcy Petition Against the Issuer. Each of the Noteholders, by its acceptance of an interest in a Note, will be deemed to covenant and agree, and each of the Servicer Secured Parties and the Indenture Trustee by entering into the Indenture or any Note Purchase Agreement, and in the case of a Noteholder, Certificateholder and Note Owner, by accepting a Security, hereby covenants and agrees that, prior to the date which is one year and one day (or if longer, the applicable preference period then in effect) after the payment in full of the latest maturing NoteSecurity and the termination of the Indenture, it will not institute against, or join with any other Person in institutinginstituting against, against the Issuer any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedingsProceedings, or other proceedingsProceedings, under any United States federal or state bankruptcy or similar law; providedLaw in connection with any obligations relating to the Securities, that nothing in this Section 13.16 shall constitute a waiver the Indenture or any of any right to indemnification, reimbursement or other payment from the Issuer pursuant to this IndentureTransaction Documents. In the event that any such Noteholder Secured Party or the Indenture Trustee takes action in violation of this Section 13.1615.17, the Issuer shall file an answer with the bankruptcy court or otherwise properly contesting the filing of such a petition by any such Noteholder Secured Party or the Indenture Trustee against the Issuer or the commencement of such action and raising the defense that such Noteholder Secured Party or the Indenture Trustee has agreed in writing not to take such action and should be estopped and precluded therefrom and such other defenses, if any, as its counsel advises that it may assert. The provisions of this Section 13.16 15.17 shall survive the termination of this Indenture, and the resignation or removal of the Indenture Trustee. Nothing contained herein shall preclude participation by any Secured Party or the Indenture Trustee in the assertion or defense of its claims in any such Proceeding involving the Issuer.

No Bankruptcy Petition Against the Issuer. Each of the NoteholdersSecured Parties and the Trustee by entering into the Indenture, any Series Supplement or any Note Purchase Agreement (as defined in such Series Supplement) and in the case of a Noteholder and Note Owner, by its acceptance of an interest in accepting a Note, will be deemed to covenant and agree, and each of the Servicer and the Indenture Trustee hereby covenants and agrees that, prior to the date which is one year and one day (or if longer, the applicable preference period then in effect) after the payment in full of the latest maturing NoteNote and the termination of the Indenture, it will not institute against, or join with any other Person in institutinginstituting against, against the Issuer Issuer, the Depositor or the Receivables Trust any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedingsProceedings, or other proceedingsProceedings, under any federal United States Federal or state bankruptcy or similar law; providedLaw in connection with any obligations relating to the Notes, that nothing in this Section 13.16 shall constitute a waiver the Indenture or any of any right to indemnification, reimbursement or other payment from the Issuer pursuant to this IndentureTransaction Documents. In the event that any such Noteholder Secured Party or the Indenture Trustee takes action in violation of this Section 13.1615.17, the Issuer Issuer, the Depositor or the Receivables Trust, as applicable, shall file an answer with the bankruptcy court or otherwise properly contesting the filing of such a petition by any such Noteholder Secured Party or the Indenture Trustee against the Issuer Issuer, the Depositor or the Receivables Trust, as applicable, or the commencement of such action and raising the defense that such Noteholder Secured Party or the Indenture Trustee has agreed in writing not to take such action and should be estopped and precluded therefrom and such other defenses, if any, as its counsel advises that it may assert. The provisions of this Section 13.16 15.17 shall survive the termination of this Indenture, and the resignation or removal of the Indenture Trustee. Nothing contained herein shall preclude participation by any Secured Party or the Trustee in the assertion or defense of its claims in any such Proceeding involving the Issuer.

No Bankruptcy Petition Against the Issuer. Each of the NoteholdersSecured Parties and the Trustee by entering into the Indenture, any Series Supplement or any Note Purchase Agreement, and in the case of a Noteholder, Certificateholder and Note Owner, by its acceptance of an interest in accepting a Note, will be deemed to covenant and agree, and each of the Servicer and the Indenture Trustee hereby covenants and agrees that, prior to the date which is one year and one day (or if longer, the applicable preference period then in effect) after the payment in full of the latest maturing NoteNote and the termination of the Indenture, it will not institute against, or join with any other Person in institutinginstituting against, against the Issuer any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedingsProceedings, or other proceedingsProceedings, under any United States federal or state bankruptcy or similar law; providedLaw in connection with any obligations relating to the Notes, that nothing in this Section 13.16 shall constitute a waiver the Indenture or any of any right to indemnification, reimbursement or other payment from the Issuer pursuant to this IndentureTransaction Documents. In the event that any such Noteholder Secured Party or the Indenture Trustee takes action in violation of this Section 13.1615.17, the Issuer shall file an answer with the bankruptcy court or otherwise properly contesting the filing of such a petition by any such Noteholder Secured Party or the Indenture Trustee against the Issuer or the commencement of such action and raising the defense that such Noteholder Secured Party or the Indenture Trustee has agreed in writing not to take such action and should be estopped and precluded therefrom and such other defenses, if any, as its counsel advises that it may assert. The provisions of this Section 13.16 15.17 shall survive the termination of this Indenture, and the resignation or removal of the Indenture Trustee. Nothing contained herein shall preclude participation by any Secured Party or the Trustee in the assertion or defense of its claims in any such Proceeding involving the Issuer.

No Bankruptcy Petition Against the Issuer. Each of the NoteholdersSecured Parties and the Trustee by entering into the Indenture, any Series Supplement or any Note Purchase Agreement, and in the case of a Noteholder by its acceptance of an interest in accepting a Note, will be deemed to covenant and agree, and each of the Servicer and the Indenture Trustee hereby covenants and agrees that, prior to the date which is one year and one day (or if longer, the applicable preference period then in effect) after the payment in full of the latest maturing NoteNote and the termination of the Indenture, it will not institute against, or join with any other Person in institutinginstituting against, against the Issuer any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedingsProceedings, or other proceedingsProceedings, under any United States federal or state bankruptcy or similar law; providedLaw in connection with any obligations relating to the Notes, that nothing in this Section 13.16 shall constitute a waiver the Indenture or any of any right to indemnification, reimbursement or other payment from the Issuer pursuant to this IndentureTransaction Documents. In the event that any such Noteholder Secured Party or the Indenture Trustee takes action in violation of this Section 13.1615.17, the Issuer shall file an answer with the bankruptcy court or otherwise properly contesting the filing of such a petition by any such Noteholder Secured Party or the Indenture Trustee against the Issuer or the commencement of such action and raising the defense that such Noteholder Secured Party or the Indenture Trustee has agreed in writing not to take such action and should be estopped and precluded therefrom and such other defenses, if any, as its counsel advises that it may assert. The provisions of this Section 13.16 15.17 shall survive the termination of this Indenture, and the resignation or removal of the Indenture Trustee. Nothing contained herein shall preclude participation by any Secured Party or the Trustee in the assertion or defense of its claims in any such Proceeding involving the Issuer.

No Bankruptcy Petition Against the Issuer. Each of the NoteholdersSecured Parties and the Trustee by entering into the Indenture, any Enhancement Agreement, any Series Supplement or any Note Purchase Agreement (as defined in such Series Supplement) and in the case of a Noteholder and Note Owner, by its acceptance of an interest in accepting a Note, will be deemed to covenant and agree, and each of the Servicer and the Indenture Trustee hereby covenants and agrees that, prior to the date which is one year and one day (or if longer, the applicable preference period then in effect) after the payment in full of the latest maturing Note, the termination of the Indenture and payment in full of all other obligations of the Issuer under the Transaction Documents, it will not institute against, or join with any other Person in institutinginstituting against, against the Issuer any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, or other proceedings, under any federal United States Federal or state bankruptcy or similar law; providedlaw in connection with any obligations relating to the Notes, that nothing in this Section 13.16 shall constitute a waiver the Indenture or any of any right to indemnification, reimbursement or other payment from the Issuer pursuant to this IndentureTransaction Documents. In the event that any such Noteholder Secured Party or the Indenture Trustee takes action in violation of this Section 13.1616.17, the Issuer shall file an answer with the bankruptcy court or otherwise properly contesting the filing of such a petition by any such Noteholder Secured Party or the Indenture Trustee against the Issuer or the commencement of such action and raising the defense that such Noteholder Secured Party or the Indenture Trustee has agreed in writing not to take such action and should be estopped and precluded therefrom and such other defenses, if any, as its counsel advises that it may assert. The provisions of this Section 13.16 16.17 shall survive the termination of this Indenture, and the resignation or removal of the Trustee. Nothing contained herein shall preclude participation by any Secured Party or the Trustee in the assertion or defense of its claims in any such proceeding involving the Issuer. No obligations of the Issuer under this Indenture Trusteeor any other Transaction Document shall constitute a “claim” (as defined in Section 101(5) of the Bankruptcy Code) against the Issuer in the event that amounts are not paid in accordance with the priority of payments set forth in Section 5.4(c). All obligations of the Issuer to the Trustee and the Secured Parties are subject to the priorities of payments set forth in Section 5.4(c).

No Bankruptcy Petition Against the Issuer. Each of the NoteholdersSecured Parties and the Trustee by entering into the Indenture, any Enhancement Agreement, any Series Supplement or any Note Purchase Agreement (as defined in such Series Supplement) and in the case of the Noteholder and Note Owner, by its acceptance of an interest in accepting a Note, will be deemed to covenant and agree, and each of the Servicer and the Indenture Trustee hereby covenants and agrees that, prior to the date which is one year and one day (or if longer, the applicable preference period then in effect) after the payment in full of the latest maturing NoteNote and the termination of the Indenture, it will not institute against, or join with any other Person in institutinginstituting against, against the Issuer any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, or other proceedings, under any federal United States Federal or state bankruptcy or similar law; providedlaw in connection with any obligations relating to the Notes, that nothing in this Section 13.16 shall constitute a waiver the Indenture or any of any right to indemnification, reimbursement or other payment from the Issuer pursuant to this IndentureTransaction Documents. In the event that any such Noteholder Secured Party or the Indenture Trustee takes action in violation of this Section 13.1616.18, the Issuer shall file an answer with the bankruptcy court or otherwise properly contesting the filing of such a petition by any such Noteholder Secured Party or the Indenture Trustee against the Issuer or the commencement of such action and raising the defense that such Noteholder Secured Party or the Indenture Trustee has agreed in writing not to take such action and should be estopped and precluded therefrom and such other defenses, if any, as its counsel advises that it may assert. The provisions of this Section 13.16 16.18 shall survive the termination of this Indenture, and the resignation or removal of the Indenture Trustee. Nothing contained herein shall preclude participation by any Secured Party or the Trustee in the assertion or defense of its claims in any such proceeding involving the Issuer.

No Bankruptcy Petition Against the Issuer. Each of the NoteholdersSecured Parties and the Trustee by entering into the Indenture, any Series Supplement or any Note Purchase Agreement, and in the case of a Noteholder by its acceptance of an interest in accepting a Note, will be deemed to covenant and agree, and each of the Servicer and the Indenture Trustee hereby covenants and agrees that, prior to the date which is one year and one day (or if longer, the applicable preference period then in effect) after the payment in full of the latest maturing NoteNote and the termination of the Indenture, it will not institute against, or join with any other Person in institutinginstituting against, against the Issuer any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedingsProceedings, or other proceedingsProceedings, under any United States federal or state bankruptcy or similar law; providedLaw in connection with any obligations relating to the Notes, that nothing in this Section 13.16 shall constitute a waiver the Indenture or any of any right to indemnification, reimbursement or other payment from the Issuer pursuant to this IndentureTransaction Documents. In the event that any such Noteholder Secured Party or the Indenture Trustee takes action in violation of this Section 13.1615.17, the Issuer shall file an answer with the bankruptcy court or otherwise properly contesting the filing of such a petition by any such Noteholder Secured Party or the Indenture Trustee against the Issuer or the commencement of such action and raising the defense that such Noteholder Secured Party or the Indenture Trustee has agreed in writing not to take such action and should be estopped and precluded therefrom and such other defenses, if any, as its counsel advises that it may assert. The provisions of this Section 13.16 15.17 shall survive 106 4140-8886-1733.4 the termination of this Indenture, and the resignation or removal of the Indenture Trustee. Nothing contained herein shall preclude participation by any Secured Party or the Trustee in the assertion or defense of its claims in any such Proceeding involving the Issuer.

No Bankruptcy Petition Against the Issuer. Each of the Noteholders, by its acceptance of an interest in a Note, will be deemed to covenant and agree, and each of the Servicer Secured Parties and the Indenture Trustee by entering into the Indenture or any Note Purchase Agreement, and in the case of a Noteholder, Certificateholder and Note Owner, by accepting a Security, hereby covenants and agrees that, prior to the date which is one year and one day (or if longer, the applicable preference period then in effect) after the payment in full of the latest maturing NoteSecurity and the termination of the Indenture, it will not institute against, or join with any other Person in institutinginstituting against, against the Issuer any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedingsProceedings, or other proceedingsProceedings, under any United States federal or state bankruptcy or similar law; providedLaw in connection with any obligations relating to the Securities, that nothing in this Section 13.16 shall constitute a waiver the Indenture or any of any right to indemnification, reimbursement or other payment from the Issuer pursuant to this IndentureTransaction Documents. In the event that any such Noteholder Secured Party or the Indenture Trustee takes action in violation of this Section 13.1615.17, the Issuer shall file an answer with the bankruptcy court or otherwise properly contesting the filing of such a petition by any such Noteholder Secured Party or the Indenture Trustee against the Issuer or the commencement of such action and raising the defense that such Noteholder Secured Party or the Indenture Trustee has agreed in writing not to take such action and should be estopped and precluded therefrom and such other defenses, if any, as its counsel advises that it may assert. The provisions of this Section 13.16 15.17 shall survive the termination of this Indenture, and the resignation or removal of the Indenture Trustee.. Nothing contained herein shall preclude participation by any Secured Party or the Indenture Trustee in the assertion or defense of its claims in any such Proceeding involving the Issuer. 4131-7662-3437

No Bankruptcy Petition Against the Issuer. Each of the Noteholders, by its acceptance of an interest in a Note, will be deemed to covenant and agree, and each of the Servicer Secured Parties and the Indenture Trustee by entering into the Indenture or any Note Purchase Agreement, and in the case of a Noteholder, Certificateholder and Note Owner, by accepting a Security, hereby covenants and agrees that, prior to the date which is one year and one day (or if longer, the applicable preference period then in effect) after the payment in full of the latest maturing NoteSecurity and the termination of the Indenture, it will not institute against, or join with any other Person in institutinginstituting against, against the Issuer any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedingsProceedings, or other proceedingsProceedings, under any United States federal or state bankruptcy or similar law; providedLaw in connection with any obligations relating to the Securities, that nothing in this Section 13.16 shall constitute a waiver the Indenture or any of any right to indemnification, reimbursement or other payment from the Issuer pursuant to this IndentureTransaction Documents. In the event that any such Noteholder Secured Party or the Indenture Trustee takes action in violation of this Section 13.1615.17, the Issuer shall file an answer with the bankruptcy court or otherwise properly contesting the filing of such a petition by any such Noteholder Secured Party or the Indenture Trustee against the Issuer or the commencement of such action and raising the defense that such Noteholder Secured Party or the Indenture Trustee has agreed in writing not to take such action and should be estopped and precluded therefrom and such other defenses, if any, as its counsel advises that it may assert. The provisions of this Section 13.16 15.17 shall survive the termination of this Indenture, and the resignation or removal of the Indenture Trustee. Nothing contained herein shall preclude participation by any Secured Party or the 4156-1338-2734 Indenture Trustee in the assertion or defense of its claims in any such Proceeding involving the Issuer.

No Bankruptcy Petition Against the Issuer. Each of the Noteholders, by its acceptance of an interest in a Note, will be deemed to covenant Term Noteholders and agree, and each of the Servicer Subordinated Noteholders and the Indenture Trustee hereby covenants and agrees that, prior to the date which is one year and one day (or if longer, the applicable preference period then in effect) after the payment in full of the latest maturing Note, it will not institute against, or join with any other Person in instituting, against the Issuer any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, or other proceedings, under any federal Federal or state bankruptcy or similar law; provided, however, that nothing in this Section 13.16 13.17 shall constitute a waiver of any right to indemnification, reimbursement or other payment from the Issuer pursuant to this Indenture. In the event that any such Term Noteholder or Subordinated Noteholder or the Indenture Trustee takes action in violation of this Section 13.1613.17, the Issuer shall file an answer with the bankruptcy court or otherwise properly contesting the filing of such a petition by any such Term Noteholder or Subordinated Noteholder or the Indenture Trustee against the Issuer or the commencement of such action and raising the defense that such Term Noteholder or Subordinated Noteholder or the Indenture Trustee has agreed in writing not to take such action and should be estopped and precluded therefrom and such other defenses, if any, as its counsel advises that it may assert. The provisions of this Section 13.16 13.17 shall survive the termination of this Indenture, Indenture and the resignation or removal of the Indenture Trustee.

No Bankruptcy Petition Against the Issuer. Each of the NoteholdersSecured Parties and the Trustee by entering into the Indenture, any Series Supplement, any Note Purchase Agreement or any Placement Agreement, and in the case of a Noteholder, Certificateholder and Note Owner, by its acceptance of an interest in accepting a Note, will be deemed to covenant and agree, and each of the Servicer and the Indenture Trustee hereby covenants and agrees that, prior to the date which is one year and one day (or if longer, the applicable preference period then in effect) after the payment in full of the latest maturing NoteNote and the termination of the Indenture, it will not institute against, or join with any other Person in institutinginstituting against, against the Issuer any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedingsProceedings, or other proceedingsProceedings, under any U.S. federal or state bankruptcy or similar law; providedLaw in connection with any obligations relating to the Notes, that nothing in this Section 13.16 shall constitute a waiver Indenture or any of any right to indemnification, reimbursement or other payment from the Issuer pursuant to this IndentureTransaction Documents. In the event that any such Noteholder Secured Party or the Indenture Trustee takes action in violation of this Section 13.1615.17, the Issuer shall file an answer with the bankruptcy court or otherwise properly contesting the filing of such a petition by any such Noteholder Secured Party or the Indenture Trustee against the Issuer or the commencement of such action and raising the defense that such Noteholder Secured Party or the Indenture Trustee has agreed in writing not to take such action and should be estopped and precluded therefrom and such other defenses, if any, as its counsel advises that it may assert. The provisions of this Section 13.16 15.17 shall survive the termination of this Indenture, and the resignation or removal of the Indenture Trustee. Nothing contained herein shall preclude participation by any Secured Party or the Trustee in the assertion or defense of its claims in any such Proceeding involving the Issuer.

No Bankruptcy Petition Against the Issuer. Each of the Noteholders, by its acceptance of an interest in a Note, will be deemed to covenant and agree, and each of the Servicer Noteholders and the Indenture Trustee hereby covenants and agrees that, prior to the date which is one year and one day (or if longer, the applicable preference period then in effect) after the payment in full of the latest maturing NoteNote and Commercial Paper, it will not institute against, or join with any other Person in instituting, against the Issuer any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, or other proceedings, under any federal Federal or state bankruptcy or similar law; provided, however, that nothing in this Section 13.16 13.17 shall constitute a waiver of any right to indemnification, reimbursement or other payment from the Issuer pursuant to this Indenture. In the event that any such Noteholder or the Indenture Trustee takes action in violation of this Section 13.1613.17, the Issuer shall file an answer with the bankruptcy court or otherwise properly contesting the filing of such a petition by any such Noteholder or the Indenture Trustee against the Issuer or the commencement of such action and raising the defense that such Noteholder or the Indenture Trustee has agreed in writing not to take such action and should be estopped and precluded therefrom and such other defenses, if any, as its counsel advises that it may assert. The provisions of this Section 13.16 13.17 shall survive the termination of this Indenture, and the resignation or removal of the Indenture Trustee. Nothing contained herein shall preclude participation by any Noteholder or the Indenture Trustee in the assertion or defense of its claims in any such proceeding involving the Issuer.

No Bankruptcy Petition Against the Issuer. Each of the NoteholdersSecured Parties and the Trustee by entering into the Indenture, any Enhancement Agreement, any Series Supplement or any Note Purchase Agreement (as defined in such Series Supplement) and in the case of a Noteholder and Note Owner, by its acceptance of an interest in accepting a Note, will be deemed to covenant and agree, and each of the Servicer and the Indenture Trustee hereby covenants and agrees that, prior to the date which is one year and one day (or if longer, the applicable preference period then in effect) after the payment in full of the latest maturing NoteNote and the termination of the Indenture, it will not institute against, or join with any other Person in institutinginstituting against, against the Issuer any bankruptcy, reorganization, arrangement, insolvency 115 or liquidation proceedings, or other proceedings, under any federal United States Federal or state bankruptcy or similar law; providedlaw in connection with any obligations relating to the Notes, that nothing in this Section 13.16 shall constitute a waiver the Indenture or any of any right to indemnification, reimbursement or other payment from the Issuer pursuant to this IndentureTransaction Documents. In the event that any such Noteholder Secured Party or the Indenture Trustee takes action in violation of this Section 13.1615.17, the Issuer shall file an answer with the bankruptcy court or otherwise properly contesting the filing of such a petition by any such Noteholder Secured Party or the Indenture Trustee against the Issuer or the commencement of such action and raising the defense that such Noteholder Secured Party or the Indenture Trustee has agreed in writing not to take such action and should be estopped and precluded therefrom and such other defenses, if any, as its counsel advises that it may assert. The provisions of this Section 13.16 15.17 shall survive the termination of this Indenture, and the resignation or removal of the Indenture Trustee. Nothing contained herein shall preclude participation by any Secured Party or the Trustee in the assertion or defense of its claims in any such proceeding involving the Issuer.

No Bankruptcy Petition Against the Issuer. Each of the Noteholders, by its acceptance of an interest in a Note, will be deemed to covenant and agree, and each of the Servicer Secured Parties and the Indenture Trustee hereby covenants and agrees that, prior to the date which is one year and one day (or if longer, the applicable preference period then in effect) after the payment in full of the latest maturing Note, it will not institute against, or join with any other Person in institutinginstituting against, against the Issuer any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, or other proceedings, under any federal Federal or state bankruptcy or similar law; provided, however, that nothing in this Section 13.16 shall constitute a waiver of any right to indemnification, reimbursement or other payment from the Issuer pursuant to this Base Indenture. In the event that any such Noteholder Secured Party or the Indenture Trustee takes action in violation of this Section 13.16, the Issuer shall file an answer with the bankruptcy court or otherwise properly contesting the filing of such a petition by any such Noteholder Secured Party or the Indenture Trustee against the Issuer or the commencement of such action and raising the defense that such Noteholder Secured Party or the Indenture Trustee has agreed in writing not to take such action and should be estopped and precluded therefrom and such other defenses, if any, as its counsel advises that it may assert. The provisions of this Section 13.16 shall survive the termination of this Base Indenture, and the resignation or removal of the Indenture Trustee. Nothing contained herein shall preclude participation by any Secured Party or the Indenture Trustee in the assertion or defense of its claims in any such proceeding involving the Issuer.

No Bankruptcy Petition Against the Issuer. Each of the Noteholders, by its acceptance of an interest in a Note, will be deemed to covenant and agree, and each of the Servicer Trustee and the Indenture Trustee other Secured Parties hereby covenants and agrees that, prior to the date which is one year and one day (or if longer, the applicable preference period then in effect) after the payment in full of the latest maturing Note, it will not institute against, or join with any other Person in institutinginstituting against, against the Issuer any bankruptcy, reorganization, arrangement, insolvency arrangement or liquidation any Insolvency proceedings, or other proceedings, under any federal or state bankruptcy or similar law; provided, however, that nothing in this Section 13.16 14.13 shall constitute a waiver of any right to indemnification, reimbursement or other payment from the Issuer pursuant to this Indenturethe Indenture or any other Transaction Document. In the event that any such Noteholder or other Secured Party or the Indenture Trustee takes action in violation of this Section 13.1614.13, the Issuer shall file or cause to be filed an answer with the bankruptcy court or otherwise properly contesting the filing of such a petition by any such Noteholder or Secured Party or the Indenture Trustee against the Issuer or the commencement of such action and raising the defense that such Noteholder or other Secured Party or the Indenture Trustee has agreed in writing not to take such action and should be estopped and precluded therefrom and such other defenses, if any, as its counsel advises that it may assert. The provisions of this Section 13.16 14.13 shall survive the termination of this Indenture, the Indenture and the resignation or removal of the Indenture Trustee. Nothing contained herein shall preclude participation by any Noteholder or any other Secured Party or the Trustee in the assertion or defense of its claims in any such proceeding involving the Issuer.

No Bankruptcy Petition Against the Issuer. Each of the NoteholdersSecured Parties and the Trustee by entering into the Indenture, any Series Supplement or any Note Purchase Agreement, and in the case of a Noteholder by its acceptance of an interest in accepting a Note, will be deemed to covenant and agree, and each of the Servicer and the Indenture Trustee hereby covenants and agrees that, prior to the date which is one year and one day (or if longer, the applicable preference period then in effect) after the payment in full of the latest maturing NoteNote and the termination of the Indenture, it will not institute against, or join with any other Person in institutinginstituting against, against the Issuer any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedingsProceedings, or other proceedingsProceedings, under any United States federal or state bankruptcy or similar law; providedLaw in connection with any obligations relating to the Notes, that nothing in this Section 13.16 shall constitute a waiver the Indenture or any of any right to indemnification, reimbursement or other payment from the Issuer pursuant to this IndentureTransaction Documents. In the event that any such Noteholder Secured Party or the Indenture Trustee takes action in violation of this Section 13.1615.17, the Issuer shall file an answer with the bankruptcy court or otherwise properly contesting the filing of such a petition by any such Noteholder Secured Party or the Indenture Trustee against the Issuer or the commencement of such action and raising the defense that such Noteholder Secured Party or the Indenture Trustee has agreed in writing not to take such action and should be estopped and precluded therefrom and such other defenses, if any, as its counsel advises that it may assert. The provisions of this Section 13.16 15.17 shall survive the termination of this Indenture, and the resignation or removal of the Indenture Trustee.. Nothing contained herein shall preclude participation by any Secured Party or the Trustee in the assertion or defense of its claims in any such Proceeding involving the Issuer. 100

No Bankruptcy Petition Against the Issuer. Each of the Noteholders, by its acceptance of an interest in a Note, will be deemed to covenant and agree, and each of the Servicer Subordinated Noteholders and the Indenture Trustee hereby covenants and agrees that, prior to the date which is one year and one day (or if longer, the applicable preference period then in effect) after the payment in full of the latest maturing Note, it will not institute against, or join with any other Person in instituting, instituting against the Issuer Issuer, any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, or other proceedings, under any federal Federal or state bankruptcy or similar law; provided, however, that nothing in this Section 13.16 13.17 shall constitute a waiver of any right to indemnification, reimbursement or other payment from the Issuer pursuant to this Indenture. In the event that any such Subordinated Noteholder or the Indenture Trustee takes action in violation of this Section 13.1613.17, the Issuer shall file an answer with the bankruptcy court or otherwise properly contesting the filing of such a petition by any such Subordinated Noteholder or the Indenture Trustee against the Issuer or the commencement of such action and raising the defense that such Subordinated Noteholder or the Indenture Trustee has agreed in writing not to take such action and should be estopped and precluded therefrom and such other defenses, if any, as its counsel advises that it may assert. The provisions of this Section 13.16 13.17 shall survive the termination of this Indenture, and the resignation or removal of the Indenture Trustee.