Common use of Non-Petition; Limited Recourse Clause in Contracts

Non-Petition; Limited Recourse. (a) The Collateral Manager agrees not to cause the filing of a petition in bankruptcy or to institute any reorganization, arrangement, insolvency, moratorium or liquidation proceedings against the Issuer for the nonpayment of the fees or other amounts payable by the Issuer to the Collateral Manager under this Agreement until the payment in full of all Notes issued under the Indenture and the expiration of a period equal to one year and a day, or, if longer, the applicable preference period and one day, following such payment. Nothing in this Section 16 shall preclude, or be deemed to stop, the Collateral Manager from taking any action prior to the expiration of the aforementioned period in (A) any case or proceeding voluntarily filed or commenced by the Issuer or (B) any involuntary insolvency proceeding filed or commenced by a Person other than the Collateral Manager.

Appears in 3 contracts

Samples: Collateral Management Agreement, Collateral Management Agreement (CM Finance Inc), Collateral Management Agreement (CM Finance Inc)

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Non-Petition; Limited Recourse. (a) The Collateral Manager agrees not to cause the filing of a petition in bankruptcy or to institute any reorganization, arrangement, insolvency, moratorium or liquidation proceedings against the Issuer Borrower for the nonpayment of the fees or other amounts payable by the Issuer Borrower to the Collateral Manager under this Agreement until the payment in full of all Notes Loans issued under the Indenture Loan Agreement and the expiration of a period equal to one year and a day, or, if longer, the applicable preference period and one day, following such payment. Nothing in this Section 16 shall preclude, or be deemed to stop, the Collateral Manager from taking any action prior to the expiration of the aforementioned period in (A) any case or proceeding voluntarily filed or commenced by the Issuer Borrower or (B) any involuntary insolvency proceeding filed or commenced by a Person other than the Collateral Manager.

Appears in 1 contract

Samples: Collateral Management Agreement (CM Finance Inc)

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