No Petition in Bankruptcy. The Indenture Trustee agrees, and each Noteholder shall be deemed to have agreed, that, prior to the date which is one year and one day after the payment in full of all outstanding Equipment Notes, neither the Indenture Trustee nor any Noteholder shall institute against, or join any other Person in instituting against, the Issuer an action in bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings or similar proceeding under the laws of the United States or any state of the United States.
No Petition in Bankruptcy. Each Initial Purchaser agrees that, prior to the date which is one year and one day after the payment in full of all outstanding Offered Notes, such Initial Purchaser will not institute against, or join any other Person in instituting against, the Issuer an action in bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings or similar proceeding under the laws of the United States or any state of the United States.
No Petition in Bankruptcy. The Collateral Administrator agrees not to file or join in the filing of an involuntary petition in bankruptcy against the Company for the nonpayment of the Collateral Administrator’s fees or other amounts payable by the Company under this Agreement or for any other reason until the payment in full of all Obligations under the Credit Agreement and the expiration of a period equal to one year and one day or, if longer, the applicable preference period under the Bankruptcy Code plus 10 days following said payment. The provisions of this Section 17 shall survive termination of this Agreement.
No Petition in Bankruptcy. Each of the parties to this Agreement severally and not jointly, hereby covenants and agrees that, prior to the date which is one year and one day after the payment or expiration in full of all outstanding Letters of Credit, it will not institute against, or join any other Person in instituting against, the Debtor any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings or other similar proceeding.
No Petition in Bankruptcy. Each Seller covenants and agrees that prior to the date which is one year and one day after the date of termination of this Agreement pursuant to Section 9.14, it will not institute against or join any other Person in instituting against the Company any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings or other similar proceeding under the laws of the United States or any State of the United States.
No Petition in Bankruptcy. Notwithstanding any other provision of this Agreement, each of the Collateral Administrator and the Collateral Manager agrees not to cause the filing of a petition in bankruptcy or to institute any reorganization, arrangement, insolvency, moratorium or liquidation proceedings against the Issuer for the nonpayment of the fees or other amounts payable by the Issuer to the Collateral Administrator or the Collateral Manager, as the case may be, under this Agreement until the payment in full of all Notes issued under the Indenture (and any other debt obligations of the Issuer that have been rated upon issuance by any rating agency at the request of the Issuer) and the expiration of a period equal to one year and a day or, if longer, the applicable preference period then in effect and one day, following such payment in full. Nothing in this Section 18 shall preclude, or be deemed to stop, the Collateral Administrator or the Collateral Manager from taking any action prior to the expiration of the aforementioned period in (A) any case or proceeding voluntarily filed or commenced by the Issuer or (B) any involuntary insolvency proceeding filed or commenced by a Person other than the Collateral Administrator or the Collateral Manager. This Section 18 shall survive the termination of this Agreement.
No Petition in Bankruptcy. Prior to the date that is one year and one day after the later to occur of (i) the payment in full of the loans made by the Lender under the Loan Agreement or (ii) the payment in full of any indebtedness incurred by Buyer to refinance the loan made by Administrative Agent under the Loan Agreement, Seller covenants and agrees that it will not institute against, or join any other person in instituting against, Buyer an action in bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, or any other similar proceeding under the laws of the United States or any state of the United States. In Witness Whereof, the parties hereto have entered into this Asset Transfer Agreement as of the date first written above. PLM Equipment Growth Fund V, a California limited partnership By: PLM Financial Services, Inc., a Delaware corporation, its sole general partner By _____________________________________________________ Name:________________________________________________ Title:_________________________________________________ PLM Rail Partners, LLC, a Delaware limited liability company By: Transportation Equipment-PLM, LLC, a Delaware limited liability company, its manager By_____________________________________________________ Name:________________________________________________ Title:_________________________________________________ Schedule 1 Description of Seller Equipment Each of the railcars with the reporting marks and road numbers and Association of American Railroads designation numbers set forth on Annex A hereto. Description of Seller Leases Each of the user leases or lease schedules or riders with the contract rider number and the named lessee set forth in Annex B hereto insofar as it relates to the railcars with the car numbers set forth on Annex B hereto. Exhibit A Seller Assignment and Assumption Agreement Exhibit B Seller Xxxx of Sale Annex A Seller Equipment Description
No Petition in Bankruptcy. Notwithstanding any other provision of this Agreement, the Collateral Administrator agrees not to file or join in the filing of any petition in bankruptcy, reorganization, arrangement, insolvency, moratorium or liquidation proceedings, or other proceedings under Luxembourg or U.S. federal or state bankruptcy or similar laws of other jurisdictions in any jurisdiction against the Issuer for the nonpayment of the Collateral Administrator’s fees or other amounts payable by the Issuer under this Agreement until the payment in full of all Notes issued under the Indenture and the expiration of a period equal to one year (or, if longer, the applicable preference period under the Bankruptcy Code) plus one (1) day following said payment. And in no circumstances will either of the Collateral Administrator or the Collateral Manager seek to bring any action against any officer, director, employee, shareholder, incorporator, partner or affiliate of the Issuer for any amounts owing hereunder.
No Petition in Bankruptcy. The Beneficiaries hereby agree ------------------------- that, prior to the date which is one year and one day after the payment in full of all outstanding Secured Obligations, (i) no Beneficiary shall authorize the Company to commence a voluntary winding-up or other voluntary case or other proceeding seeking liquidation, reorganization or other relief with respect to the Company or its debts under any bankruptcy, insolvency or other similar law now or hereafter in effect in any jurisdiction or seeking the appointment of an administrator, a trustee, receiver, liquidator, custodian or other similar official of the Company or any substantial part of its property or to consent to any such relief or to the appointment of or taking possession by any such official in an involuntary case or other proceeding commenced against the Company, or to make a general assignment for the benefit of any Beneficiary or any other creditor of the Company, and (ii) none of the Beneficiaries shall commence or join with any other Person in commencing any proceeding against the Company under any bankruptcy, reorganization, liquidation or insolvency law or statute now or hereafter in effect in any jurisdiction.
No Petition in Bankruptcy. The Custodian agrees not to file or join in the filing of an involuntary petition in bankruptcy against the Company for the nonpayment of the Custodian’s fees or other amounts payable by the Company under this Agreement until the payment in full of all Obligations issued under the Revolving Credit Agreement and the expiration of a period equal to one year and one day or, if longer, the applicable preference period under the Bankruptcy Code plus ten (10) days following said payment. The provisions of this Section 25 shall survive termination of this Agreement.
