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 any Successor 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 Borrower to invoke the process of any governmental authority for the purpose of commencing or sustaining a case against the Borrower under any Bankruptcy Law or appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator or other similar official of the Borrower or any substantial part of their respective property or ordering the winding up or liquidation of the affairs of the Borrower.

Appears in 2 contracts

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

AutoNDA by SimpleDocs

Non-Petition Agreement. Notwithstanding any prior termination of any Loan Document, the Originator, the Servicer, and the Collateral Custodian and any Successor Servicer Custodian, 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 Borrower Buyer to invoke the process of any governmental authority for the purpose of commencing or sustaining a case against the Borrower Buyer under any Bankruptcy Law or appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator or other similar official of the Borrower Buyer or any substantial part of their respective property or ordering the winding up or liquidation of the affairs of the BorrowerBuyer.

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 any Successor Servicer the Backup 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 Borrower Buyer to invoke the process of any governmental authority for the purpose of commencing or sustaining a case against the Borrower Buyer under any Bankruptcy Law or appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator or other similar official of the Borrower Buyer or any substantial part of their respective property or ordering the winding up or liquidation of the affairs of the BorrowerBuyer.

Appears in 2 contracts

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

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