No Commencement of Any Proceeding. So long as payments or distributions for or on account of this Note are not permitted pursuant to Section 5.02, the Holder will not commence, or join with any creditor other than the holders and owners of Senior Indebtedness in commencing, directly or indirectly cause the Company to commence, or assist the Company in commencing, any proceeding referred to in Section 5.02.
Appears in 5 contracts
Samples: Purchase Agreement (Psi Technologies Holdings Inc), Exchangeable Senior Subordinated Note (Merrill Lynch & Co Inc), Exchange Agreement (Txu Corp /Tx/)