No Petition Covenants. Notwithstanding any prior termination of this Agreement, the Servicer and the Seller shall not, prior to the date which is one year and one day after the final distribution with respect to the Securities to the Note Distribution Account or the Certificate Distribution Account, as applicable, acquiesce, petition or otherwise invoke or cause the Issuer to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Issuer under any federal or state bankruptcy, insolvency or similar law or appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator or other similar official of the Issuer or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the Issuer.
Appears in 5 contracts
Samples: Pooling and Servicing Agreement (Navistar Financial Retail Receivables Corporation), Pooling and Servicing Agreement (Navistar Financial Retail Receivables Corporation), Pooling and Servicing Agreement (Navistar Financial Retail Receivables Corporation)
No Petition Covenants. Notwithstanding any prior termination of this Agreement, the Servicer and the Seller shall not, prior to the date which is one year and one day after the final distribution with respect to the Securities Notes and the Certificates to the Note Distribution Account or the Certificate Distribution Account, as applicable, acquiesce, petition or otherwise invoke or cause the Issuer to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Issuer under any federal or state bankruptcy, insolvency or similar law or appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator or other similar official of the Issuer or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the Issuer.
Appears in 5 contracts
Samples: Trust Sale and Servicing Agreement (Capital Auto Receivables Inc), Trust Sale and Servicing Agreement (Capital Auto Receivables Inc), Trust Sale and Servicing Agreement (Capital Auto Receivables Inc)
No Petition Covenants. Notwithstanding any prior termination of this Agreement, the Servicer and the Seller Depositor shall not, prior to the date which is one year and one day after the final distribution with respect to the Securities to any of the Note Distribution Account or the Certificate Distribution Account, as applicableAccounts, acquiesce, petition or otherwise invoke or cause the Issuer Issuing Entity to invoke the process of any court or government governmental authority for the purpose of commencing or sustaining a case against the Issuer Issuing Entity under any federal or state bankruptcy, insolvency or similar law or appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator or other similar official of the Issuer Issuing Entity or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the IssuerIssuing Entity.
Appears in 2 contracts
Samples: Trust Sale and Servicing Agreement (Superior Wholesale Inventory Financing Trust 2007-Ae-1), Trust Sale and Servicing Agreement (Wholesale Auto Receivables Corp)
No Petition Covenants. Notwithstanding any prior termination of this Agreement, the Servicer ALER and the Seller ALS shall not, prior to the date which is one year and one day after the final distribution under the Transfer and Servicing Agreements with respect to the Securities Notes to the Note Distribution Account or the Certificate Distribution Account, as applicable, acquiesce, petition or otherwise invoke or cause ALER or the Issuer to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against ALER or the Issuer under any federal or state bankruptcy, insolvency or similar law or appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator or other similar official of the Issuer or any substantial part of its property, or ordering the winding up or liquidation of the affairs of ALER or the Issuer.
Appears in 1 contract
No Petition Covenants. Notwithstanding any prior termination of this Agreement, the Servicer Trans Leasing and the Seller TLFC shall not, prior to the date which is one year and one day after the final distribution with respect to the Securities to Notes and the Note Distribution Account or Trust Certificate (each as defined in the Certificate Distribution Account, as applicablePooling and Servicing Agreement), acquiesce, petition or otherwise invoke or cause the Issuer (as defined in Pooling and Servicing Agreement) to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Issuer under any federal or state bankruptcy, insolvency or similar law or appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator or other similar official of the Issuer or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the Issuer.
Appears in 1 contract
Samples: Contribution and Sale Agreement (Trans Leasing International Inc)
No Petition Covenants. Notwithstanding any prior termination of this Agreement, each of the Servicer and the Seller parties to this Agreement shall not, prior to the date which is one year and one day (or such longer preference period as shall then be in effect) after the final distribution with respect to the Securities to the Note Distribution Account or the Certificate Distribution Account, as applicableNotes, acquiesce, petition or otherwise invoke or cause the Issuer to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Issuer under any federal or state bankruptcy, insolvency or similar law or appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator or other similar official of the Issuer or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the Issuer.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Golub Capital BDC LLC)