Common use of No Bankruptcy Petition; Disclaimer Clause in Contracts

No Bankruptcy Petition; Disclaimer. (a) Each of the Seller and the Buyer covenants and agrees that, prior to the date that is two years and one day after the Collection Date, it will not institute against the Buyer, or join any other Person in instituting against the Buyer, any Insolvency Proceeding under the laws of the United States or any state of the United States. This Section 10.13 will survive the termination of this Agreement. The provisions of this Section 10.13 shall be for the third party benefit of those entitled to rely thereon, including the Agent and the Secured Parties, and shall survive the termination of this Agreement.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Patriot Capital Funding, Inc.), Purchase and Sale Agreement (Kohlberg Capital CORP)

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No Bankruptcy Petition; Disclaimer. (a) Each of the The Seller and the Buyer covenants and agrees that, prior to the date that is two years one year and one day (or such longer preference period as shall then be in effect) after the Collection Date, it will not institute against the Buyer, or join any other Person in instituting against the Buyer, any Insolvency Proceeding under the laws of the United States or any state of the United States. This Section 10.13 will survive the termination of this Agreement. The provisions of this Section 10.13 shall be for the third party benefit of those entitled to rely thereon, including the Deal Agent and the Secured Parties, and shall survive the termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (American Capital Strategies LTD)

No Bankruptcy Petition; Disclaimer. (a) Each of the Seller and the Buyer covenants and agrees that, prior to the date that is two years one (1) year and one (1) day after the Collection Date, it will not institute against the Buyer, or join any other Person in instituting against the Buyer, any Insolvency Proceeding under the laws of the United States or any state of the United States. This Section 10.13 will survive the termination of this Agreement. The provisions of this Section 10.13 shall be for the third party benefit of those entitled to rely thereon, including the Agent and the Secured Parties, and shall survive the termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (American Capital Strategies LTD)

No Bankruptcy Petition; Disclaimer. (a) Each of the Seller and the Buyer covenants and agrees that, prior to the date that is two years one year and one day (or such longer preference period as shall then be in effect) after the Collection Date, it will not institute against the Buyer, or join any other Person in instituting against the Buyer, any Insolvency Proceeding under the laws of the United States or any state of the United States. This Section 10.13 will survive the termination of this Agreement. The provisions of this Section 10.13 shall be for the third party benefit of those entitled to rely thereon, including the Deal Agent and the Secured Parties, and shall survive the termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (American Capital Strategies LTD)

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No Bankruptcy Petition; Disclaimer. (a) Each of the Seller and the Buyer covenants and agrees that, prior to the date that is two years one (1) year and one (1) day after the Collection Date, it will not institute against the Buyer, or join any other Person in instituting against the Buyer, any Insolvency Proceeding under the laws of the United States or any state of the United States. This Section 10.13 will survive the termination of this Agreement. The provisions of this Section 10.13 shall be for the third party benefit of those entitled to rely thereon, including the Deal Agent and the Secured Parties, and shall survive the termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (American Capital Strategies LTD)

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