Common use of NON-PETITION COVENANTS Clause in Contracts

NON-PETITION COVENANTS. Notwithstanding any prior termination of this Agreement, neither the Seller nor Bank One shall, prior to the date which is one year and one day after the termination of this Agreement with respect to the Issuer or the Company, acquiesce, petition or otherwise invoke or cause the Issuer to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Issuer 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 Issuer or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the Issuer or the Company.

Appears in 2 contracts

Samples: Loan Sale Agreement (SMS Student Loan Trust 2000-A), Loan Sale Agreement (SMS Student Loan Trust 2000-B)

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NON-PETITION COVENANTS. Notwithstanding any prior termination of this Agreement, neither the Servicer, the Depositor and the Receivables Seller nor Bank One shallshall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the Issuer or the CompanyIssuer, acquiesce, petition or otherwise invoke or cause the Issuer to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Issuer under any Federal federal or state bankruptcy, insolvency or similar law or appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator or other similar official of the Issuer or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the Issuer or the CompanyIssuer.

Appears in 2 contracts

Samples: Sale and Servicing (Americredit Corp), Sale and Servicing Agreement (Americredit Corp)

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NON-PETITION COVENANTS. Notwithstanding any prior termination of this Agreement, neither none of the Seller nor Bank One Transferor, the Trustee or the Eligible Lender Trustee shall, prior to the date which is one year and one day after the termination of this Agreement with respect to the Issuer or the CompanyIssuer, acquiesce, petition or otherwise invoke or cause the Issuer to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Issuer 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 Issuer or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the Issuer or the CompanyIssuer.

Appears in 1 contract

Samples: Transfer Agreement (Efg Funding Corp)

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