Common use of No Bankruptcy Petition; Disclaimer Clause in Contracts

No Bankruptcy Petition; Disclaimer. (a) Each of the Transferor and the Retention Holder covenants and agrees that, prior to the date that is one year and one day after the satisfaction and discharge of the Indenture or, if longer, the applicable preference period then in effect plus one day, it will not institute against the Retention Holder (in the case of the Transferor), or the Issuer (in the case of the Transferor or the Retention Holder), or join any other Person in instituting against the Retention Holder 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.

Appears in 4 contracts

Samples: Master Loan Sale Agreement, Master Loan Sale Agreement (NewStar Financial, Inc.), Master Loan Sale Agreement (NewStar Financial, Inc.)

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No Bankruptcy Petition; Disclaimer. (a) Each of the Transferor and the Retention Holder Depositor covenants and agrees that, prior to the date that is one year and one day after the satisfaction and discharge of the Indenture or, if longer, the applicable preference period then in effect plus one day, it will not institute against the Retention Holder Depositor (in the case of the Transferor), or the Issuer (in the case of the Transferor or the Retention HolderDepositor), or join any other Person in instituting against the Retention Holder 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.

Appears in 2 contracts

Samples: Master Loan Sale Agreement (NewStar Financial, Inc.), Master Loan Sale Agreement (NewStar Financial, Inc.)

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No Bankruptcy Petition; Disclaimer. (a) Each of the Transferor and the U.S. Retention Holder covenants and agrees that, prior to the date that is one year and one day after the satisfaction and discharge of the Indenture or, if longer, the applicable preference period then in effect plus one day, it will not institute against the U.S. Retention Holder (in the case of the Transferor), ) or the Issuer (in the case of the Transferor or the U.S. Retention Holder), or join any other Person in instituting against the U.S. Retention Holder 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.

Appears in 1 contract

Samples: Master Loan Sale Agreement (MidCap Financial Investment Corp)

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