Non-Petition; Limited Recourse. (a) Notwithstanding any other provision of this Agreement, the Financing Subsidiary agrees that it may not, prior to the date which is one year and one day (or if longer, any applicable preference period then in effect plus one day) after the payment in full of all Notes and any other debt obligations of the Issuer that have been rated upon issuance by any rating agency at the request of the Issuer, institute against, or join any other Person in instituting against, the Issuer any bankruptcy, reorganization, arrangement, insolvency, winding-up, moratorium or liquidation Proceedings, or other Proceedings under U.S. federal or state bankruptcy or similar laws. Nothing in this Section 4.04(a) shall preclude, or be deemed to stop, the Financing Subsidiary:
Appears in 3 contracts
Samples: Master Participation Agreement (PennantPark Floating Rate Capital Ltd.), Master Participation Agreement (Barings BDC, Inc.), Master Participation Agreement (Bain Capital Specialty Finance, Inc.)
Non-Petition; Limited Recourse. (a) Notwithstanding any other provision of this Agreement, the Financing Subsidiary Closing Date Seller agrees that it may not, prior to the date which is one year and one day (or if longer, any applicable preference period then in effect plus one day) after the payment in full of all Notes Debt and any other debt obligations of the Issuer that have been rated upon issuance by any rating agency at the request of the Issuer, institute against, or join any other Person in instituting against, the Issuer any bankruptcy, reorganization, arrangement, insolvency, winding-up, moratorium or liquidation Proceedings, or other Proceedings under U.S. federal or state bankruptcy or similar laws. Nothing in this Section 4.04(a) shall preclude, or be deemed to stop, the Financing SubsidiaryClosing Date Seller:
Appears in 2 contracts
Samples: Master Participation Agreement (Bain Capital Specialty Finance, Inc.), Master Participation and Assignment Agreement (Bain Capital Specialty Finance, Inc.)
Non-Petition; Limited Recourse. (a) Notwithstanding any other provision of this Agreement, the Financing Subsidiary Sole Shareholder agrees that it may not, prior to the date which is one year and one day (or if longer, any applicable preference period then in effect plus one day) after the payment in full of all Notes and any other debt obligations of the Issuer that have been rated upon issuance by any rating agency at the request of the Issuer, institute against, or join any other Person in instituting against, the Issuer any bankruptcy, reorganization, arrangement, insolvency, winding-up, moratorium or liquidation Proceedings, or other Proceedings under U.S. federal or state bankruptcy or similar laws. Nothing in this Section 4.04(a) shall preclude, or be deemed to stop, the Financing SubsidiarySole Shareholder:
Appears in 1 contract
Samples: Master Participation and Assignment Agreement (BC Partners Lending Corp)
Non-Petition; Limited Recourse. (a) Notwithstanding any other provision of this Agreement, the Financing Subsidiary agrees that it may not, prior to the date which is one year and one day (or if longer, any applicable preference period then in effect plus one day) after the payment in full of all Notes Debt and any other debt obligations of the Issuer that have been rated upon issuance by any rating agency at the request of the Issuer, institute against, or join any other Person in instituting against, the Issuer any bankruptcy, reorganization, arrangement, insolvency, winding-up, moratorium or liquidation Proceedings, or other Proceedings under U.S. federal or state bankruptcy or similar laws. Nothing in this Section 4.04(a) shall preclude, or be deemed to stop, the Financing Subsidiary:
Appears in 1 contract
Samples: Master Participation Agreement (Barings Private Credit Corp)