Common use of Non-Petition Agreement Clause in Contracts

Non-Petition Agreement. Notwithstanding any prior termination of any Loan Document, the Originator, the Servicer, the Collateral Custodian and the Backup Servicer, each severally and not jointly, covenants that it shall not, prior to the date which is one year and one day, or, if longer, the applicable preference period then in effect, after the termination of this Agreement pursuant to Section 10.01, acquiesce, petition or otherwise, directly or indirectly, invoke or cause the Buyer to invoke the process of any governmental authority for the purpose of commencing or sustaining a case against the Buyer under any Bankruptcy Law or appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator or other similar official of the Buyer or any substantial part of their respective property or ordering the winding up or liquidation of the affairs of the Buyer.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Horizon Technology Finance Corp), Sale and Servicing Agreement (Horizon Technology Finance Corp)

AutoNDA by SimpleDocs

Non-Petition Agreement. Notwithstanding any prior termination of any Loan Document, the Originator, the Servicer, and the Collateral Custodian and the Backup ServicerCustodian, each severally and not jointly, covenants that it shall not, prior to the date which is one year and one day, or, if longer, the applicable preference period then in effect, after the termination of this Agreement pursuant to Section 10.01, acquiesce, petition or otherwise, directly or indirectly, invoke or cause the Buyer to invoke the process of any governmental authority for the purpose of commencing or sustaining a case against the Buyer under any Bankruptcy Law or appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator or other similar official of the Buyer or any substantial part of their respective property or ordering the winding up or liquidation of the affairs of the Buyer.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Horizon Technology Finance Corp), Sale and Servicing Agreement (Horizon Technology Finance Corp)

AutoNDA by SimpleDocs

Non-Petition Agreement. Notwithstanding any prior termination of any Loan Document, the Originator, the Servicer, the Collateral Custodian and the Backup Servicer, any Successor Servicer each severally and not jointly, jointly covenants that it shall not, prior to the date which is one year and one day, or, if longer, the applicable preference period then in effect, after the termination of this Agreement pursuant to Section 10.01, acquiesce, petition or otherwise, directly or indirectly, invoke or cause the Buyer Borrower to invoke the process of any governmental authority for the purpose of commencing or sustaining a case against the Buyer Borrower under any Bankruptcy Law or appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator or other similar official of the Buyer Borrower or any substantial part of their respective property or ordering the winding up or liquidation of the affairs of the BuyerBorrower.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Hercules Capital, Inc.), Sale and Servicing Agreement (Hercules Capital, Inc.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!