Common use of No Bankruptcy Petition; Disclaimer Clause in Contracts

No Bankruptcy Petition; Disclaimer. (a) Each of the Seller, the Trustee, the Custodian, the Backup Servicer, the Trust Depositor, the Servicer, the Issuer (acting through the Owner 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 and one day) after the payment in full of all amounts owing in respect of all outstanding Notes, 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 Trustee from filing proofs of claim or otherwise participating in any such proceedings instituted by any other Person.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Hercules Capital, Inc.), Sale and Servicing Agreement (Hercules Capital, Inc.), Sale and Servicing Agreement (Hercules Capital, Inc.)

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No Bankruptcy Petition; Disclaimer. (a) Each of the SellerOriginator, the Trustee, the Custodian, the Backup Servicer, the Trust Depositor, the Servicer, the Issuer (acting through the Owner Trustee) , the Owner 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 and one day) after the payment in full of all amounts owing in respect of all outstanding NotesClasses 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 Trustee from filing proofs of claim or otherwise participating in any such proceedings instituted by any other Person.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (NewStar Financial, Inc.), Sale and Servicing Agreement (NewStar Financial, Inc.)

No Bankruptcy Petition; Disclaimer. (a) Each of the SellerOriginator, the Indenture Trustee, the Custodian, the Backup Servicer, the Trust Depositor, the Servicer, the Issuer (acting through the Owner Trustee) , the Owner 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 and one day) after the payment in full of all amounts owing in respect of all outstanding NotesClasses 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.

Appears in 1 contract

Samples: Sale and Servicing Agreement (NewStar Financial, Inc.)

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No Bankruptcy Petition; Disclaimer. (a) Each of the SellerOriginator, the Trustee, the Custodian, the Backup Servicer, the Trust Depositor, the Servicer, the Issuer (acting through the Owner Trustee) , the Owner 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 and one day) after the payment in full of all amounts owing in respect of all outstanding NotesClasses 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 Trustee from filing proofs of claim or otherwise participating in any such proceedings instituted by any other Person.

Appears in 1 contract

Samples: Sale and Servicing Agreement (NewStar Financial, Inc.)

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