Common use of No Bankruptcy Petition; Disclaimer Clause in Contracts

No Bankruptcy Petition; Disclaimer. (a) Each of the Originator, the Indenture Trustee, the Servicer, the Issuer acting through the Owner Trustee, each Swap Counterparty (by entering into a Swap) and each Holder (by acceptance of the applicable Securities) covenants and agrees that, prior to the date that is one year and one day (or, if longer, the preference period then in effect and one day) after the payment in full of all amounts owing in respect of all Outstanding Classes of Notes rated by any Rating Agency, it will not institute against the Trust Depositor, or the Issuer, or join any other Person in instituting against the Trust Depositor or the Issuer, any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings or other similar proceedings under the laws of the United States or any state of the United States; provided that nothing herein shall prohibit the Indenture Trustee from filing proofs of claim or otherwise participating in any such proceedings instituted by any other Person. This Section 13.09 will survive the termination of this Agreement.

Appears in 2 contracts

Samples: Transfer and Servicing Agreement (American Capital Strategies LTD), Transfer and Servicing Agreement (American Capital Strategies LTD)

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No Bankruptcy Petition; Disclaimer. (a) Each of the Originator, the Indenture Trustee, the Servicer, the Issuer acting through the Owner Trustee, each Swap Counterparty (by entering into a Swap) and each Holder (by acceptance of the applicable Securities) covenants and agrees that, prior to the date that is one year and one day (or, if longer, the preference period then in effect and one day) after the payment in full of all amounts owing in respect of all Outstanding outstanding Classes of Notes rated by any Rating Agency, it will not institute against the Trust Depositor, or the Issuer, or join any other Person in instituting against the Trust Depositor or the Issuer, any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings or other similar proceedings under the laws of the United States or any state of the United States; provided provided, however, that nothing herein shall prohibit the Indenture Trustee from filing proofs of claim or otherwise participating in any such proceedings instituted by any other Person. This Section 13.09 will survive the termination of this Agreement.

Appears in 2 contracts

Samples: Transfer and Servicing Agreement (American Capital Strategies LTD), Transfer and Servicing Agreement (American Capital Strategies LTD)

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No Bankruptcy Petition; Disclaimer. (a) Each of the Originator, the Indenture Trustee, the Servicer, the Issuer acting through the Owner Trustee, each Swap Counterparty (by entering into a Swap) Trustee and each Holder (by acceptance of the applicable Securities) covenants and agrees that, prior to the date that is one year and one day (or, if longer, the then applicable preference period then in effect and one day) after the payment in full of all amounts owing in respect of all Outstanding outstanding Classes of Notes rated by any Rating Agency, it will not institute against the Trust Depositor, Depositor or the Issuer, or join any other Person in instituting against the Trust Depositor or the Issuer, any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings or other similar proceedings under the laws of the United States or any state of the United States; provided provided, however, that nothing herein shall prohibit the Indenture Trustee from 123 filing proofs of claim or otherwise participating in any such proceedings instituted by any other Person. This Section 13.09 will survive the termination of this Agreement.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Capitalsource Inc)

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