Common use of NON-PETITION COVENANTS Clause in Contracts

NON-PETITION COVENANTS. Notwithstanding any prior termination of the Trust or this Agreement, Wilmington Trust Company, individually or in its capacity as Owner Trustee, shall not at any time institute against the Trust, Transferor or First National Funding Corporation, or solicit or join or cooperate with or encourage any institution against the Trust, Transferor or First National Funding Corporation of, any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, or other proceedings under any United States federal or state bankruptcy or similar law in connection with any obligation relating to the Notes, this Agreement or any of the Transaction Documents; provided, however, that this Section 10.08 shall not operate to preclude any remedy described in Article V of the Indenture; provided, further, that Owner Trustee shall not have the power, except upon the direction of the Transferor, to take any such action with respect to the Trust. Notwithstanding any prior termination of the Trust or this Agreement, Transferor shall not at any time institute against the Trust, or solicit or join or cooperate with or encourage any institution against the Trust of, any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, or other proceedings under any United States federal or state bankruptcy or similar law in connection with any obligations relating to the Notes, this Agreement or any of the Transaction Documents; provided, however, that this Section 10.08 shall not operate to preclude any remedy described in Article V of the Indenture.

NON-PETITION COVENANTS. Notwithstanding any prior termination of the Trust or this Agreement, Wilmington Trust Company[___________], individually or in its capacity as Owner Trustee, shall not at any time institute against the Trust, Transferor or First National Funding CorporationCertificate Trust, or solicit or join or cooperate with or encourage any institution against the Trust, Transferor or First National Funding Corporation Certificate Trust of, any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, or other proceedings under any United States federal or state bankruptcy or similar law in connection with any obligation relating to the Notes, this Agreement or any of the Transaction Documents; providedPROVIDED, howeverHOWEVER, that this Section 10.08 SECTION 10.8 shall not operate to preclude any remedy described in Article ARTICLE V of the Indenture; provided, further, that Owner Trustee shall not have the power, except upon the direction of the Transferor, to take any such action with respect to the Trust. Notwithstanding any prior termination of the Trust or this Agreement, Transferor shall not at any time institute against the Trust or Certificate Trust, or solicit or join or cooperate with or encourage any institution against the Trust or Certificate Trust of, any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, or other proceedings under any United States federal or state bankruptcy or similar law in connection with any obligations relating to the Notes, this Agreement or any of the Transaction Documents; providedPROVIDED, howeverHOWEVER, that this Section 10.08 SECTION 10.8 shall not operate to preclude any remedy described in Article ARTICLE V of the Indenture.

NON-PETITION COVENANTS. Notwithstanding any prior termination of the Trust or this Agreement, Wilmington Trust Company, individually or in its capacity as Owner Trustee, shall not at any time institute against the Trust, Transferor or Transferor, First National Funding CorporationCorporation or Certificate Trust, or solicit or join or cooperate with or encourage any institution against the Trust, Transferor or Transferor, First National Funding Corporation or Certificate Trust of, any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, or other proceedings under any United States federal or state bankruptcy or similar law in connection with any obligation relating to the Notes, this Agreement or any of the Transaction Documents; provided, however, that this Section 10.08 shall not operate to preclude any remedy described in Article V of the Indenture; provided, further, that Owner Trustee shall not have the power, except upon the direction of the Transferor, to take any such action with respect to the Trust. Notwithstanding any prior termination of the Trust or this Agreement, Transferor shall not at any time institute against the Trust or Certificate Trust, or solicit or join or cooperate with or encourage any institution against the Trust or Certificate Trust of, any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, or other proceedings under any United States federal or state bankruptcy or similar law in connection with any obligations relating to the Notes, this Agreement or any of the Transaction Documents; provided, however, that this Section 10.08 shall not operate to preclude any remedy described in Article V of the Indenture.

NON-PETITION COVENANTS. Notwithstanding any prior termination of the Trust or this Agreement, Wilmington Trust Company, individually or in its capacity as Owner Trustee, shall not at any time institute against the Trust, Transferor or Transferor, First National Funding CorporationCorporation or Certificate Trust, or solicit or join or cooperate with or encourage any institution against the Trust, Transferor or Transferor, First National Funding Corporation or Certificate Trust of, any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, or other proceedings under any United States federal or state bankruptcy or similar law in connection with any obligation relating to the Notes, this Agreement or any of the Transaction Documents; provided, however, that this Section 10.08 shall not operate to preclude any remedy described in Article V of the Indenture; provided, further, that Owner Trustee shall not have the power, except upon the direction of the Transferor, to take any such action with respect to the Trust. Notwithstanding any prior termination of the Trust or this Agreement, Transferor shall not at any time institute against the Trust or Certificate Trust, or solicit or join or cooperate with or encourage any institution against the Trust or Certificate Trust of, any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, or other proceedings under any United States federal or state bankruptcy or similar law in connection with any obligations relating to the Notes, this Agreement or any of the Transaction Documents; provided, however, that this Section 10.08 shall not operate to preclude any remedy described in Article V of the Indenture.

NON-PETITION COVENANTS. Notwithstanding any prior termination of the Trust or this Agreement, Wilmington Trust Company, individually or in its capacity as Owner Trustee, shall not at any time institute against the Trust, Transferor or First National Funding Corporationthe Certificate Trust, or solicit or join or cooperate with or encourage any institution against the Trust, Transferor or First National Funding Corporation the Certificate Trust of, any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, or other proceedings under any United States federal or state bankruptcy or similar law in connection with any obligation relating to the Notes, this Agreement or any of the Transaction Documents; provided, however, that this Section 10.08 10.8 shall not operate to preclude any remedy described in Article V of the Indenture; provided, further, that Owner Trustee shall not have the power, except upon the direction of the Transferor, to take any such action with respect to the Trust. Notwithstanding any prior termination of the Trust or this Agreement, Transferor shall not at any time institute against the Trust or the Certificate Trust, or solicit or join or cooperate with or encourage any institution against the Trust or the Certificate Trust of, any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, or other proceedings under any United States federal or state bankruptcy or similar law in connection with any obligations relating to the Notes, this Agreement or any of the Transaction Documents; provided, however, that this Section 10.08 10.8 shall not operate to preclude any remedy described in Article V of the Indenture.

NON-PETITION COVENANTS. Notwithstanding any prior termination of the Trust or this Agreement, Wilmington Trust Company[Owner Trustee], individually or in its capacity as Owner Trustee, shall not at any time institute against the Trust, Transferor or First National Funding CorporationCertificate Trust, or solicit or join or cooperate with or encourage any institution against the Trust, Transferor or First National Funding Corporation Certificate Trust of, any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, or other proceedings under any United States federal or state bankruptcy or similar law in connection with any obligation relating to the Notes, this Agreement or any of the Transaction Documents; provided, however, that this Section 10.08 10.8 shall not operate to preclude any remedy described in Article V of the Indenture; provided, further, that Owner Trustee shall not have the power, except upon the direction of the Transferor, to take any such action with respect to the Trust. Notwithstanding any prior termination of the Trust or this Agreement, Transferor shall not at any time institute against the Trust or Certificate Trust, or solicit or join or cooperate with or encourage any institution against the Trust or Certificate Trust of, any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, or other proceedings under any United States federal or state bankruptcy or similar law in connection with any obligations relating to the Notes, this Agreement or any of the Transaction Documents; provided, however, that this Section 10.08 10.8 shall not operate to preclude any remedy described in Article V of the Indenture.