Common use of No Bankruptcy Petition; Disclaimer Clause in Contracts

No Bankruptcy Petition; Disclaimer. (a) Each of the Originator and the Trust Depositor covenants and agrees that, prior to the date that is one (1) year and one (1) 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 (in the case of the Originator) 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. This Section 8.08 will survive the termination of this Agreement.

Appears in 4 contracts

Samples: Acas Transfer Agreement (American Capital Strategies LTD), Acas Transfer Agreement (American Capital Strategies LTD), Acas Transfer Agreement (American Capital Strategies LTD)

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No Bankruptcy Petition; Disclaimer. (a) Each of the Originator and the Trust Depositor covenants and agrees that, prior to the date that is one (1) year and one (1) day after the payment satisfaction and discharge of the Indenture or, if longer, the applicable preference period then in full of all amounts owing in respect of all outstanding Classes of Notes rated by any Rating Agencyeffect, it will not institute against the Trust Depositor (in the case of the Originator) ), or the IssuerIssuer (in the case of the Originator or the Depositor), 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. This Section 8.08 8.8 will survive the termination of this Agreement.

Appears in 3 contracts

Samples: Master Loan Sale Agreement (KCAP Financial, Inc.), Master Loan Sale Agreement (TICC Capital Corp.), Master Loan Sale Agreement (Golub Capital BDC, Inc.)

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