No Proceedings; Limitation on Payments. (a) Each of the Servicer and each Lender and each assignee of a Loan or any interest therein, hereby covenants and agrees that it will not institute against, or join any other Person in instituting against, the Borrower any Insolvency Proceeding until one year and one day after the Final Payout Date; provided, that the Administrative Agent may take any such action in its sole discretion following the occurrence of an Event of Default. (b) The provisions of this Section 13.05 shall survive any termination of this Agreement.
Appears in 9 contracts
Samples: Receivables Financing Agreement (BrightView Holdings, Inc.), Receivables Financing Agreement (BrightView Holdings, Inc.), Receivables Financing Agreement (BrightView Holdings, Inc.)
No Proceedings; Limitation on Payments. (a) Each of the Servicer and Servicer, each Lender and each assignee of a Loan or any interest therein, hereby covenants and agrees that it will not institute against, or join any other Person in instituting against, the Borrower any Insolvency Proceeding until one year and one day after the Final Payout Date; provided, that the Administrative Agent may take any such action in its sole discretion following the occurrence of an Event of Default.
(b) . The provisions of this Section 13.05 14.05 shall survive any termination of this Agreement.
Appears in 7 contracts
Samples: Receivables Financing Agreement (Aveanna Healthcare Holdings, Inc.), Receivables Financing Agreement (Compass Minerals International Inc), Receivables Financing Agreement (Owens & Minor Inc/Va/)
No Proceedings; Limitation on Payments. (a) Each of the Servicer and Borrowers, the Servicer, each Lender and each assignee of a Loan or any interest therein, hereby covenants and agrees that it will not institute against, or join any other Person in instituting against, the any Borrower any Insolvency Proceeding until one year and one day after the Final Payout Date; provided, that the Administrative Agent may take any such action in its sole discretion following the occurrence of an Event of Default.
(b) . The provisions of this Section 13.05 14.05 shall survive any termination of this Agreement.
Appears in 4 contracts
Samples: Receivables Financing Agreement (Lamar Media Corp/De), Receivables Financing Agreement (Lamar Media Corp/De), Receivables Financing Agreement (Lamar Media Corp/De)
No Proceedings; Limitation on Payments. (a) Each of the Servicer and Servicer, each Lender and each assignee of a Loan or any interest therein, hereby covenants and agrees that it will not institute against, or join any other Person in instituting against, the Borrower any Insolvency Proceeding until one year and one day after the Final Payout Date; provided, that the Administrative Agent may take any such action in its sole discretion following the occurrence of an Event of Default.
(b) The provisions of this Section 13.05 shall survive any termination of this Agreement.
Appears in 3 contracts
Samples: Receivables Financing Agreement (CONSOL Energy Inc.), Receivables Financing Agreement, Sub Originator Sale Agreement, Purchase and Sale Agreement (CONSOL Energy Inc.), Receivables Financing Agreement (CONSOL Energy Inc.)
No Proceedings; Limitation on Payments. (a) Each of the Servicer and Servicer, each Lender and each assignee of a Loan or any interest therein, hereby covenants and agrees that it will not institute against, or join any other Person in instituting against, the Borrower any Insolvency Proceeding until one year and one day after the Final Payout Date; provided, that the Administrative Agent may take any such action in its sole discretion following the occurrence of an Event of Default.
(b) . The provisions of this Section 13.05 12.05 shall survive any termination of this Agreement.
Appears in 3 contracts
Samples: Receivables Financing Agreement (Evoqua Water Technologies Corp.), Receivables Financing Agreement (Evoqua Water Technologies Corp.), Receivables Financing Agreement (Evoqua Water Technologies Corp.)
No Proceedings; Limitation on Payments. (a) Each of the Servicer and each Lender and each assignee of a Loan or any interest therein, hereby covenants and agrees that it will not institute against, or join any other Person in instituting against, the Borrower any Insolvency Proceeding until one year and one day after the Final Payout Date; provided, that the Administrative Agent may take any such action in its sole discretion following the occurrence of an Event of Default.
(b) . The provisions of this Section 13.05 12.05 shall survive any termination of this Agreement.
Appears in 3 contracts
Samples: Receivables Financing Agreement (PRA Health Sciences, Inc.), Receivables Financing Agreement (PRA Health Sciences, Inc.), Receivables Financing Agreement (PRA Health Sciences, Inc.)
No Proceedings; Limitation on Payments. (a) Each of the Servicer and Servicer, each Lender and each assignee of a Loan or any interest therein, hereby covenants and agrees that it will not institute against, or join any other Person in instituting against, the Borrower any Insolvency Proceeding until one year and one day after the Final Payout Date; provided, that the Administrative Agent may take any such action in its sole discretion following the occurrence of an Event of Default.
(b) . The provisions of this Section 13.05 14.05 shall survive any termination of this Agreement.
Appears in 2 contracts
Samples: Receivables Financing Agreement (Aveanna Healthcare Holdings, Inc.), Receivables Financing Agreement (Compass Minerals International Inc)
No Proceedings; Limitation on Payments. (a) Each of the Servicer and Servicer, each Lender and each assignee of a Loan or any interest therein, hereby covenants and agrees that it will not institute against, or join any other Person in instituting against, the Borrower any Insolvency Proceeding until one year and one day after the Final Payout Date; provided, that the Administrative Agent may take any such action in its sole discretion following the occurrence of an Event of Default.
(b) . The provisions of this Section 13.05 shall survive any termination of this Agreement.
Appears in 2 contracts
Samples: Receivables Financing Agreement (Sylvamo Corp), Receivables Financing Agreement (Sylvamo Corp)
No Proceedings; Limitation on Payments. (a) Each of the Servicer and Servicer, each Lender and each assignee of a Loan or any interest therein, hereby covenants and agrees that it will not institute against, or join any other Person in instituting against, the Borrower any Insolvency Proceeding until one year and one day after the Final Payout Date; provided, that the Administrative Agent may take any such action in its sole discretion following the occurrence of an Event of Default.
(b) The provisions of this Section 13.05 shall survive any termination of this Agreement.
Appears in 2 contracts
Samples: Receivables Financing Agreement (EnLink Midstream, LLC), Receivables Financing Agreement (EnLink Midstream Partners, LP)
No Proceedings; Limitation on Payments. (a) Each of the Servicer and Servicer, each Lender and each assignee of a Loan or any interest therein, hereby covenants and agrees that it will not institute against, or join any other Person in instituting against, the Borrower any Insolvency Proceeding until one year and one day after the Final Payout Date; provided, that the Administrative Agent Administrator may take any such action in its sole discretion following the occurrence of an Event of Default.
(b) . The provisions of this Section 13.05 14.05 shall survive any termination of this Agreement.
Appears in 1 contract
Samples: Receivables Financing Agreement (Worthington Industries Inc)
No Proceedings; Limitation on Payments. 97
(a) Each of the Servicer and Servicer, each Lender and each assignee of a Loan or any interest therein, hereby covenants and agrees that it will not institute against, or join any other Person in instituting against, the Borrower any Insolvency Proceeding until one year and one day after the Final Payout Date; provided, that the Administrative Agent Administrator may take any such action in its sole discretion following the occurrence of an Event of Default.
(b) . The provisions of this Section 13.05 14.05 shall survive any termination of this Agreement.
Appears in 1 contract
Samples: Receivables Financing Agreement (Worthington Industries Inc)
