Common use of NON-PETITION COVENANTS Clause in Contracts

NON-PETITION COVENANTS. Notwithstanding any prior termination of these Master Sale Terms, the Seller and the Interim Eligible Lender Trustee shall not acquiesce, petition or otherwise invoke or cause the Purchaser to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Purchaser 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 Purchaser or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the Purchaser; provided, however, that nothing herein shall be deemed to prohibit the Interim Eligible Lender Trustee from filing a claim or otherwise participating in any such action or proceeding. Notwithstanding any prior termination of these Master Sale Terms, the Eligible Lender Trustee and the Purchaser shall not acquiesce, petition or otherwise invoke or cause the Seller to invoke the process of commencing or sustaining a case against the Seller 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 Seller or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the Seller; provided, however, that nothing herein shall be deemed to prohibit the Interim Eligible Lender Trustee from filing a claim or otherwise participating in any such action or proceeding.

NON-PETITION COVENANTS. Notwithstanding any prior termination of these Master Sale Terms, the Seller and the Interim Eligible Lender Trustee shall not acquiesce, petition or otherwise invoke or cause the Purchaser to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Purchaser 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 Purchaser or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the Purchaser; provided, however, that nothing herein shall be deemed to prohibit the Interim Eligible Lender Trustee from filing a claim or otherwise participating in any such action or proceeding. Notwithstanding any prior termination of these Master Sale Terms, the Eligible Lender Trustee and the Purchaser shall not acquiesce, petition or otherwise invoke or cause the Seller to invoke the process of commencing or sustaining a case against the Seller 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 Seller or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the Seller; provided, however, that nothing herein shall be deemed to prohibit the Interim Eligible Lender Trustee from filing a claim or otherwise participating in any such action or proceeding.

NON-PETITION COVENANTS. (a) Notwithstanding any prior ---------------------- termination of these Master Sale Termsthis Agreement, the Seller Servicer, the Sellers, the Administrative Agent and each Secured Party shall not, prior to the date which is one year and one day after the later of (i) termination of this Agreement with respect to the Borrower and (ii) the payment in full of all obligation due and owing by the Borrower to the Administrative Agent and the Interim Eligible Lender Trustee shall not Secured Parties under the Basic Agreements, acquiesce, petition or otherwise invoke or cause the Purchaser Borrower to invoke the process of any court or government authority for the purpose of commencing or sustaining a case by or against the Purchaser Borrower 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 Purchaser Borrower or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the Purchaser; provided, however, that nothing herein shall be deemed to prohibit the Interim Eligible Lender Trustee from filing a claim or otherwise participating in any such action or proceeding. Borrower. (b) Notwithstanding any prior termination of these Master Sale Termsthis Agreement, the Eligible Lender Trustee Servicer, the Administrative Agent and each Secured Party shall not, prior to the Purchaser shall not acquiescedate that is one year and one day after the termination of this Agreement with respect to any Seller, acquiesce to, petition or otherwise invoke or cause the any Seller to invoke the process of any court or government authority for the purpose of commencing or sustaining a case by or against the any Seller under any federal or state bankruptcy, insolvency or similar law or law, appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator sequestrator, or other similar official of the such Seller or any substantial part of its property, or ordering the winding up or liquidation of the affairs of any Seller. (c) Notwithstanding anything contained herein to the Seller; providedcontrary, howeverthis Agreement has been executed and delivered by Bank One Chicago, that nothing herein not in its individual capacity but solely in its capacity as Administrative Agent, and by Bank One Columbus, not in its individual capacity but solely in its capacities as Backup Servicer and Collateral Agent, and in no event shall Bank One Chicago or Bank One Columbus have any liability for the representations, warranties, covenants, agreements or other obligations of the Borrower hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be deemed had solely to prohibit the Interim Eligible Lender Trustee from filing a claim or otherwise participating in any such action or proceedingassets of the Borrower.

NON-PETITION COVENANTS. Notwithstanding any prior termination of these Master Sale Termsthis Agreement, the Seller each of Oportun and the Interim Eligible Lender Trustee shall Purchaser, by entering into this Agreement, hereby agrees that it will not institute against Seller or Depositor, join any other Person instituting against Seller or Depositor, or acquiesce, petition or otherwise invoke invoke, or cause the Purchaser Seller or Depositor to invoke the invoke, any petition or other process of any court or government authority for the purpose Governmental Authority of commencing any kind against or sustaining concerning Seller or Depositor under a case against the Purchaser under any federal or state bankruptcy, insolvency or similar law or proceeding (including for the purposes of appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator sequester or other similar official of the Purchaser officer for Seller or Depositor or any substantial part of its their respective property, or for ordering the winding up or liquidation of the affairs of Seller or Depositor), so long as any amounts under the Purchaser; provided, however, that nothing herein WebBank Warehouse Agreement shall be deemed outstanding or there shall not have elapsed one (1) year plus one day since the occurrence of the date upon which all amounts under the WebBank Warehouse Agreement shall have been paid in full in cash. The provisions of this Section 9.14 are a material inducement for Seller and Depositor to prohibit enter into this Agreement and for WebBank to enter into the Interim Eligible Lender Trustee from filing a claim or otherwise participating in any such action or proceedingAccount Transfer Agreement and the transactions contemplated hereby and thereby are an essential term hereof. Notwithstanding any prior termination Each of these Master Sale Terms, the Eligible Lender Trustee Oportun and the Purchaser shall hereby agrees that monetary damages are not acquiesceadequate for a breach of the provisions of this Section 9.14 and Seller, petition or otherwise invoke or cause the Seller Depositor and/or WebBank may seek to invoke the process obtain specific performance of commencing or sustaining a case against the Seller under such provisions (including injunctive relief), including, without limitation, in any federal or state bankruptcy, insolvency reorganization, arrangement, winding up, insolvency, moratorium or similar law or appointing a receiverliquidation proceedings, liquidator, assignee, trustee, custodian, sequestrator or other similar official of the Seller proceedings involving any present or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the Seller; provided, however, that nothing herein shall be deemed to prohibit the Interim Eligible Lender Trustee from filing a claim or otherwise participating in any such action or proceedingfuture federal debtor relief laws.

NON-PETITION COVENANTS. (a) Notwithstanding any prior termination of these Master Sale Termsthis Agreement, the Seller Servicer, the Seller, the Administrative Agent, the Funding Agents and each Secured Party shall not, prior to the date which is one year and one day after the later of (i) termination of this Agreement with respect to the Borrower and (ii) the payment in full of all obligation due and owing by the Borrower to the Administrative Agent, the Funding Agents and the Interim Eligible Lender Trustee shall not Secured Parties under the Basic Agreements, acquiesce, petition or otherwise invoke or cause the Purchaser Borrower to invoke the process of any court or government authority for the purpose of commencing or sustaining a case by or against the Purchaser Borrower 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 Purchaser Borrower or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the Purchaser; provided, however, that nothing herein shall be deemed to prohibit the Interim Eligible Lender Trustee from filing a claim or otherwise participating in any such action or proceeding. Borrower. (1) Notwithstanding any prior termination of these Master Sale Termsthis Agreement, the Eligible Lender Trustee Servicer, the Administrative Agent, the Funding Agents and each Secured Party shall not, prior to the Purchaser shall not acquiescedate that is one year and one day after the termination of this Agreement with respect to the Seller, acquiesce to, petition or otherwise invoke or cause the Seller to invoke the process of any court or government authority for the purpose of commencing or sustaining a case by or against the Seller under any federal or state bankruptcy, insolvency or similar law or law, appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator sequestrator, or other similar official of the Seller or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the Seller; provided. (2) Notwithstanding anything contained herein to the contrary, howeverthis Agreement has been executed and delivered by The Chase Manhattan Bank, that nothing herein not in its individual capacity but solely in its capacities as Administrative Agent and as Backup Servicer and in no event shall The Chase Manhattan Bank have any liability for the representations, warranties, covenants, agreements or other obligations of the Borrower hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be deemed had solely to prohibit the Interim Eligible Lender Trustee from filing a claim or otherwise participating in any such action or proceedingassets of the Borrower.

NON-PETITION COVENANTS. (a) Notwithstanding any prior termination of these Master Sale Termsthis Agreement, the Seller Servicer, the Seller, the Funding Agent, and each Secured Party shall not, prior to the date which is one year and one day after the later of (i) termination of this Agreement with respect to the Borrower and (ii) the payment in full of all obligation due and owing by the Borrower to the Funding Agent and the Interim Eligible Lender Trustee shall not Secured Parties under the Basic Agreements, acquiesce, petition or otherwise invoke or cause the Purchaser Borrower to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Purchaser Borrower 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 Purchaser Borrower or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the Purchaser; provided, however, that nothing herein shall be deemed to prohibit the Interim Eligible Lender Trustee from filing a claim or otherwise participating in any such action or proceeding. Borrower. (b) Notwithstanding any prior termination of these Master Sale Termsthis Agreement, the Eligible Lender Trustee Servicer, the Funding Agent, and each Secured Party shall not, prior to the Purchaser shall not acquiescedate that is one year and one day after the termination of this Agreement with respect to the Seller, acquiesce to, petition or otherwise invoke or cause the Seller to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Seller under any federal or state bankruptcy, insolvency or similar law or law, appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator sequestrator, or other similar official of the Seller or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the Seller; provided. (c) Notwithstanding anything contained herein to the contrary, howeverthis Agreement has been executed and delivered by The Chase Manhattan Bank, that nothing herein not in its individual capacity but solely in its capacities as Funding Agent and as Backup Servicer and in no event shall The Chase Manhattan Bank have any liability for the representations, warranties, covenants, agreements or other obligations of the Borrower hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be deemed had solely to prohibit the Interim Eligible Lender Trustee from filing a claim or otherwise participating in any such action or proceedingassets of the Borrower.