Common use of Nonpetition Covenants Clause in Contracts

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer and the Seller shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the Issuer, 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. (b) Notwithstanding any prior termination of this Agreement, the Servicer shall not, prior to the date 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, 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.

Appears in 155 contracts

Samples: Sale and Servicing Agreement (AmeriCredit Automobile Receivables Trust 2019-3), Sale and Servicing Agreement (AmeriCredit Automobile Receivables Trust 2019-3), Sale and Servicing Agreement (AmeriCredit Automobile Receivables Trust 2019-2)

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Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer and the Seller shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the Issuer, 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 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. (b) Notwithstanding any prior termination of this Agreement, the Servicer shall not, prior to the date that which is one year and one day after the termination of this Agreement with respect to the Seller, acquiesce toacquiesce, 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 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.

Appears in 144 contracts

Samples: Sale and Servicing Agreement (Honda Auto Receivables 2024-4 Owner Trust), Sale and Servicing Agreement (Honda Auto Receivables 2024-4 Owner Trust), Sale and Servicing Agreement (Honda Auto Receivables 2024-3 Owner Trust)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer Depositor, the Administrator, the Owner Trustee and the Seller Indenture Trustee shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the Issuer, not at any time acquiesce, petition or otherwise invoke invoke, or cooperate with or encourage others to 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. (b) Notwithstanding any prior termination of this Agreement, the Servicer Issuer, the Administrator, the Owner Trustee and the Indenture Trustee shall not, prior to the date that is one year and one day after the termination of this Agreement with respect to the Seller, acquiesce tonot at any time acquiesce, petition or otherwise invoke invoke, or cooperate with or encourage others to acquiesce, petition or otherwise invoke, or cause the Seller Depositor to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Seller Depositor under any federal or state bankruptcy, insolvency or similar law, law or appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator, sequestrator or other similar official of the Seller Depositor or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the SellerDepositor.

Appears in 100 contracts

Samples: Administration Agreement (Carmax Auto Funding LLC), Administration Agreement (CarMax Auto Owner Trust 2024-4), Administration Agreement (Carmax Auto Funding LLC)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer and the Seller each party hereto shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the Issuerat any time, acquiesce, petition or otherwise invoke or cause the Issuer Issuing Entity to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Issuer Issuing Entity 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 Issuing Entity or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the IssuerIssuing Entity. (b) Notwithstanding any prior termination of this Agreement, the Servicer each party hereto shall not, prior to solely in its capacity as a creditor of the date that is one year and one day after the termination of this Agreement with respect to the SellerDepositor, acquiesce toat any time, acquiesce, petition or otherwise invoke or cause the Seller Depositor to invoke the process of any court or government authority for the purpose of commencing or sustaining a an involuntary case against the Seller Depositor under any federal Federal or state bankruptcy, insolvency or similar law, law or appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator, sequestrator or other similar official of the Seller Depositor or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the SellerDepositor.

Appears in 76 contracts

Samples: Administration Agreement (World Omni Auto Receivables Trust 2021-D), Administration Agreement (World Omni Auto Receivables Trust 2021-D), Administration Agreement (World Omni Select Auto Trust 2021-A)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer and the Seller shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the Holding Trust, acquiesce, petition or otherwise invoke or cause the Holding Trust to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Holding Trust 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 Holding Trust or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the Holding Trust. (b) Notwithstanding any prior termination of this Agreement, the Servicer and the Seller shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the Issuer, 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. (bc) Notwithstanding any prior termination of this Agreement, the Servicer shall not, prior to the date 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, 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.

Appears in 31 contracts

Samples: Sale and Servicing Agreement (Exeter Automobile Receivables Trust 2024-5), Sale and Servicing Agreement (Exeter Automobile Receivables Trust 2024-5), Sale and Servicing Agreement (Exeter Automobile Receivables Trust 2024-4)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer Servicer, the Seller and the Seller Trust Collateral Agent shall not, prior to the date which is one (1) year and one (1) day after the termination of this Agreement with respect to the Issuer, 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 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. (b) Notwithstanding any prior termination of this Agreement, neither the Servicer shall notnor the Trust Collateral Agent shall, prior to the date that is one (1) year and one (1) 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 State bankruptcy, insolvency or similar law, 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.

Appears in 28 contracts

Samples: Sale and Servicing Agreement (GM Financial Consumer Automobile Receivables Trust 2024-4), Sale and Servicing Agreement (GM Financial Consumer Automobile Receivables Trust 2024-4), Sale and Servicing Agreement (GM Financial Consumer Automobile Receivables Trust 2024-3)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer and the Seller shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the Issuer, 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 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. (b) Notwithstanding any prior termination of this Agreement, the Servicer shall not, prior to the date that which is one year and one day after the termination of this Agreement with respect to the Seller, acquiesce toacquiesce, 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, 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.

Appears in 25 contracts

Samples: Sale and Servicing Agreement (Toyota Motor Credit Corp), Sale and Servicing Agreement (Toyota Motor Credit Corp), Sale and Servicing Agreement (Toyota Motor Credit Corp)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer and the Seller each party hereto shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the Issuerat any time, acquiesce, petition or otherwise invoke or cause the Issuer Issuing Entity to invoke the process of any court or government authority for the purpose of commencing or sustaining a an involuntary case against the Issuer Issuing Entity 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 Issuing Entity or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the IssuerIssuing Entity. (b) Notwithstanding any prior termination of this Agreement, the Servicer each party hereto shall not, prior to solely in its capacity as a creditor of the date that is one year and one day after the termination of this Agreement with respect to the SellerDepositor, acquiesce toat any time, acquiesce, petition or otherwise invoke or cause the Seller Depositor to invoke the process of any court or government authority for the purpose of commencing or sustaining a an involuntary case against the Seller Depositor under any federal Federal or state bankruptcy, insolvency or similar law, law or appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator, sequestrator or other similar official of the Seller Depositor or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the SellerDepositor.

Appears in 24 contracts

Samples: Administration Agreement (World Omni Auto Receivables Trust 2024-C), Administration Agreement (World Omni Auto Receivables Trust 2024-C), Administration Agreement (World Omni Select Auto Trust 2024-A)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer Servicer, the Seller and the Seller Trust Collateral Agent shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the Issuer, 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. (b) Notwithstanding any prior termination of this Agreement, neither the Servicer shall notnor the Trust Collateral Agent shall, prior to the date 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, 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.

Appears in 18 contracts

Samples: Sale and Servicing Agreement (GM Financial Consumer Automobile Receivables Trust 2020-1), Sale and Servicing Agreement (GM Financial Consumer Automobile Receivables Trust 2020-1), Sale and Servicing Agreement (GM Financial Consumer Automobile Receivables Trust 2019-4)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer and the Seller shall not, prior to the date which that is one year and one day after the termination of this Agreement Agreement, with respect to the Issuer, acquiesce, petition or otherwise invoke or cause the Issuer to invoke the process of any court or government governmental 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. The foregoing shall not limit the right of the Servicer and the Seller to file any claim in or otherwise take any action with respect to any such insolvency proceeding that was instituted against the Issuer by any Person other than the Servicer or the Seller. (b) Notwithstanding any prior termination of this Agreement, the Servicer shall not, prior to the date that is one year and one day after the termination of this Agreement Agreement, with respect to the Seller, acquiesce toacquiesce, petition or otherwise invoke or cause the Seller to invoke the process of any court or government governmental authority for the purpose of commencing or sustaining a case against the Seller under any federal Federal or state bankruptcy, insolvency or similar law, law or 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. The foregoing shall not limit the right of the Servicer to file any claim in or otherwise take any action with respect to any such insolvency proceeding that was instituted against the Seller by any Person other than the Servicer.

Appears in 16 contracts

Samples: Sale and Servicing Agreement (CNH Capital Receivables Inc), Sale and Servicing Agreement (CNH Capital Receivables Inc), Sale and Servicing Agreement (CNH Capital Receivables Inc)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, none of the Servicer Servicer, the Seller and the Seller shall notTrust Collateral Agent shall, prior to the date which is one (1) year and one (1) day after the termination of this Agreement with respect to the Issuer, 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 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. (b) Notwithstanding any prior termination of this Agreement, neither the Servicer shall notnor the Trust Collateral Agent shall, prior to the date that is one (1) year and one (1) 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 State bankruptcy, insolvency or similar law, 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.

Appears in 14 contracts

Samples: Sale and Servicing Agreement (AmeriCredit Automobile Receivables Trust 2024-1), Sale and Servicing Agreement (AmeriCredit Automobile Receivables Trust 2024-1), Sale and Servicing Agreement (AmeriCredit Automobile Receivables Trust 2023-2)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer Servicer, the Seller and the Seller Trust Collateral Agent shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the Issuer, 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 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. (b) Notwithstanding any prior termination of this Agreement, neither the Servicer shall notnor the Trust Collateral Agent shall, prior to the date 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 State bankruptcy, insolvency or similar law, 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.

Appears in 13 contracts

Samples: Sale and Servicing Agreement (GM Financial Consumer Automobile Receivables Trust 2021-3), Sale and Servicing Agreement (GM Financial Consumer Automobile Receivables Trust 2021-3), Sale and Servicing Agreement (GM Financial Consumer Automobile Receivables Trust 2021-2)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this AgreementAgreement or the Indenture, the Servicer and the Seller shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the Issuer, acquiesceIndenture, petition or otherwise invoke or cause the Issuer to invoke the process of any court or government authority Governmental Authority for the purpose of commencing or sustaining a an involuntary 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 propertythe property of the Issuer, or ordering the winding winding-up or liquidation of the affairs of the Issuer. (b) Notwithstanding any prior termination of this AgreementAgreement or the Indenture, the Servicer Issuer shall not, prior to the date that which is one year and one day after the termination of this Agreement with respect to the Seller, acquiesce toIndenture, petition or otherwise invoke or cause the Seller to invoke the process of any court or government authority Governmental Authority for the purpose of commencing or sustaining a an involuntary case against the Seller under any federal or state bankruptcy, insolvency or similar law, law or appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator, sequestrator or other similar official of the Seller or any substantial part of its propertythe property of the Seller, or ordering the winding winding-up or liquidation of the affairs of the Seller.

Appears in 12 contracts

Samples: Securitization Property Purchase and Sale Agreement (SIGECO Securitization I, LLC), Securitization Property Purchase and Sale Agreement (SIGECO Securitization I, LLC), Securitization Property Purchase and Sale Agreement (SIGECO Securitization I, LLC)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer Servicer, the Administrator, the Trustee and the Seller Depositor shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the IssuerAgreement, 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. (b) Notwithstanding any prior termination of this Agreement, the Servicer Servicer, the Administrator, the Issuer and the Trustee shall not, prior to the date that which is one year and one day after the termination of this Agreement with respect to the SellerAgreement, acquiesce toacquiesce, petition or otherwise invoke or cause the Seller Depositor to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Seller Depositor under any federal or state bankruptcy, insolvency or similar law, law or appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator, sequestrator or other similar official of the Seller Depositor or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the SellerDepositor.

Appears in 11 contracts

Samples: Administration Agreement (SLM Private Credit Student Loan Trust 2005-B), Administration Agreement (SLM Private Credit Student Loan Trust 2005-A), Administration Agreement (SLM Education Credit Funding LLC)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, none of the Servicer and Servicer, the Seller shall notor the Backup Servicer shall, prior to the date which is one year and one day after the termination of this Agreement with respect to the Issuer, 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 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. (b) Notwithstanding any prior termination of this Agreement, none of the Servicer shall notor the Backup Servicer shall, prior to the date that is one year and one day after the termination of this Agreement in accordance with Article XI, 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 Federal or state State bankruptcy, insolvency or similar law, 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.

Appears in 11 contracts

Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc), Sale and Servicing Agreement (Consumer Portfolio Services Inc), Sale and Servicing Agreement (Consumer Portfolio Services Inc)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer Servicer, the Backup Servicer, the Indenture Trustee and the Seller shall Depositor will not, prior to the date which that is one year and one day after the termination of this Agreement with respect to the IssuerAgreement, 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. (b) Notwithstanding any prior termination of this Agreement, the Issuer, the Servicer, the Backup Servicer shall and the Indenture Trustee will not, prior to the date that is one year and one day after the termination of this Agreement with respect to the SellerDepositor, acquiesce to, petition or otherwise invoke or cause the Seller Depositor to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Seller Depositor under any federal or state bankruptcy, insolvency or similar law, appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator, or other similar official of the Seller Depositor or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the SellerDepositor.

Appears in 10 contracts

Samples: Sale and Servicing Agreement (Triad Financial Special Purpose LLC), Sale and Servicing Agreement (Triad Financial Special Purpose LLC), Sale and Servicing Agreement (Triad Financial Special Purpose LLC)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer and the Seller parties hereto shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the Issuer, 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. (b) Notwithstanding any prior termination of this Agreement, the Servicer parties hereto shall not, prior to the date 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, 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.

Appears in 10 contracts

Samples: Sale and Servicing Agreement (Franklin Receivables Auto Trust 2003-1), Sale and Servicing Agreement (Franklin Auto Trust 2003-2), Sale and Servicing Agreement (Franklin Receivables LLC)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer and the Seller shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the IssuerHolding Trust, acquiesce, petition or otherwise invoke or cause the Issuer Holding Trust to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Issuer Holding Trust 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 Holding Trust or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the IssuerHolding Trust. (b) Notwithstanding any prior termination of this Agreement, the Servicer shall not, prior to the date 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, 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.

Appears in 8 contracts

Samples: Sale and Servicing Agreement (Exeter Automobile Receivables Trust 2021-3), Sale and Servicing Agreement (Exeter Automobile Receivables Trust 2021-3), Sale and Servicing Agreement (Exeter Automobile Receivables Trust 2021-2)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, none of the Servicer Servicer, the Seller and the Seller shall notTrust Collateral Agent shall, prior to the date which is one year and one day after the termination of this Agreement with respect to the Issuer, 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 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. (b) Notwithstanding any prior termination of this Agreement, neither the Servicer shall notnor the Trust Collateral Agent shall, prior to the date 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 State bankruptcy, insolvency or similar law, 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.

Appears in 8 contracts

Samples: Sale and Servicing Agreement (AmeriCredit Automobile Receivables Trust 2021-2), Sale and Servicing Agreement (AmeriCredit Automobile Receivables Trust 2021-2), Sale and Servicing Agreement (AmeriCredit Automobile Receivables Trust 2021-1)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this AgreementAgreement or the Indenture, the Servicer and the Seller shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the Issuer, acquiesceIndenture, petition or otherwise invoke or cause the Issuer to invoke the process of any court or government authority Governmental 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 propertythe property of the Issuer, or ordering the winding winding-up or liquidation of the affairs of the Issuer. (b) Notwithstanding any prior termination of this AgreementAgreement or the Indenture, the Servicer Issuer shall not, prior to the date that which is one year and one day after the termination of this Agreement with respect to the Seller, acquiesce toIndenture, petition or otherwise invoke or cause the Seller to invoke the process of any court or government authority Governmental Authority for the purpose of commencing or sustaining a case against the Seller under any federal or state bankruptcy, insolvency or similar law, law or appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator, sequestrator or other similar official of the Seller or any substantial part of its propertythe property of the Seller, or ordering the winding winding-up or liquidation of the affairs of the Seller.

Appears in 8 contracts

Samples: Transition Property Sale Agreement (CenterPoint Energy Transition Bond Co IV, LLC), Transition Property Sale Agreement (CenterPoint Energy Transition Bond Co IV, LLC), System Restoration Property Sale Agreement (CenterPoint Energy Restoration Bond Company, LLC)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this AgreementAgreement or any Series Supplement, the Master Servicer and the Seller shall not, prior to the date which is one year and one day after the termination of this Agreement or any Series Supplement with respect to the Issuer, 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. (b) Notwithstanding any prior termination of this AgreementAgreement or any Series Supplement, the Master Servicer shall not, prior to the date that is one year and one day after the termination of this Agreement or any Series Supplement 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, 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.

Appears in 7 contracts

Samples: Master Sale and Servicing Agreement (Household Auto Receivables Corp), Master Sale and Servicing Agreement (Household Automotive Trust v Series 2000 2), Master Sale and Servicing Agreement (Household Automotive Trust Vi Series 2000 3)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer and neither the Seller shall notnor the Depositor 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 IssuerPurchaser, acquiesce, petition or otherwise invoke or cause the Issuer Purchaser to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Issuer Purchaser 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 Purchaser or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the IssuerPurchaser. (b) Notwithstanding any prior termination of this Agreement, neither the Servicer shall notPurchaser nor the Depositor Eligible Lender Trustee shall, prior to the date that which is one year and one day after the termination of this Agreement with respect to the Seller, acquiesce toacquiesce, 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, law or 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.

Appears in 6 contracts

Samples: Student Loan Transfer Agreement, Student Loan Transfer Agreement (KeyCorp Student Loan Trust 2005-A), Student Loan Transfer Agreement (Keycorp Student Loan Trust 2004-A)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer Servicer, Backup Servicer, Designated Backup Subservicer and the Seller shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the IssuerTrust, acquiesce, petition or otherwise invoke or cause the Issuer Trust to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Issuer Trust 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 Trust or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the IssuerTrust. (b) Notwithstanding any prior termination of this Agreement, the Servicer Servicer, Backup Servicer, Designated Backup Subservicer shall not, prior to the date 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, 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.

Appears in 6 contracts

Samples: Sale and Servicing Agreement (UPFC Auto Receivables Trust 2006-A), Sale and Servicing Agreement (UPFC Auto Receivables Trust 2007-B), Sale and Servicing Agreement (UPFC Auto Receivables Corp.)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer and the Seller shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the Issuer, 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 law, or appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator or other similar official of the Issuer or any substantial part of its their property, or ordering the winding up or liquidation of the affairs of the Issuer. (b) Notwithstanding any prior termination of this Agreement, the Servicer Servicer, solely in its capacity as a creditor of the Seller, shall not, prior to the date that which is one year and one day after the termination of this Agreement with respect to the Seller, acquiesce toacquiesce, 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 an involuntary case against the Seller under any federal or state bankruptcy, insolvency or similar law, or 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.

Appears in 5 contracts

Samples: Sale and Servicing Agreement (World Omni Auto Receivables LLC), Sale and Servicing Agreement (World Omni Auto Receivables Trust 2005-A), Sale and Servicing Agreement (World Omni Auto Receivables LLC)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer and the Seller Depositor shall not, prior to the date which that is one year and one day after the termination of this Agreement with respect to the IssuerTrust, acquiesceacquiesce to, petition or otherwise invoke or cause the Issuer Trust to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Issuer Trust under any federal or state bankruptcy, insolvency or similar law law, or appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator sequestrator, or other similar official of the Issuer Trust or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the IssuerTrust. (b) Notwithstanding any prior termination of this Agreement, the Servicer shall not, prior to the date that is one year and one day after the termination of this Agreement with respect to the SellerDepositor, acquiesce to, petition or otherwise invoke or cause the Seller Depositor to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Seller Depositor under any federal or state bankruptcy, insolvency or similar law, appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator, or other similar official of the Seller Depositor or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the Seller.Depositor. * * *

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Funding Inc), Pooling and Servicing Agreement (National City Bank /), Pooling and Servicing Agreement (Bear Stearns Asset Backed Funding Ii Inc)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, none of the Servicer, the Seller, the Custodian, the Grantor Trust, the Delaware Trustee, the Grantor Trust Trustee or the Backup Servicer and the Seller shall notshall, prior to the date which that is one year and one day after the termination of this Agreement with respect to the Issuer, 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 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. (b) Notwithstanding any prior termination of this Agreement, none of the Servicer shall notor the Backup Servicer shall, prior to the date that is one year and one day after the termination of this Agreement in accordance with Article XI, 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 Federal or state State bankruptcy, insolvency or similar law, 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.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc), Sale and Servicing Agreement (Consumer Portfolio Services Inc), Sale and Servicing Agreement (Consumer Portfolio Services Inc)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer Depositor, the Master Servicer, the Administrator, and (to the Seller fullest extent permitted by applicable law) the Eligible Lender Trustee shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the Depositor or the Issuer, 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. (b) Notwithstanding any prior termination of this Agreement, the Owner Trustee on behalf of the Issuer, the Master Servicer or any successor Master Servicer shall not, prior to the date that which is one year and one day after the termination of this Agreement with respect to the SellerDepositor, acquiesce toacquiesce, petition or otherwise invoke or cause the Seller Depositor to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Seller Depositor under any federal or state bankruptcy, insolvency or similar law, law or appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator, sequestrator or other similar official of the Seller Depositor or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the SellerDepositor.

Appears in 4 contracts

Samples: Sale and Servicing Agreement, Sale and Servicing Agreement (KeyCorp Student Loan Trust 2006-A), Sale and Servicing Agreement (KeyCorp Student Loan Trust 2005-A)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer and the Seller parties hereto shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the Issuer, acquiesce, petition 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. (b) Notwithstanding any prior termination of this Agreement, the Servicer parties hereto shall not, prior to the date that is one year and one day after the termination of this Agreement with respect to the SellerDepositor, acquiesce to, petition or otherwise invoke or cause the Seller Depositor to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Seller Depositor under any federal or state bankruptcy, insolvency or similar law, appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator, or other similar official of the Seller Depositor or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the SellerDepositor.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (Franklin Auto Trust 2007-1), Sale and Servicing Agreement (Franklin Auto Trust 2005-1), Sale and Servicing Agreement (Franklin Auto Trust 2008-A)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer, the Backup Servicer and the Seller shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the IssuerIssuer or the Company, acquiesce, petition or otherwise invoke or cause the Issuer or the Company (or any assignee of the Company pursuant to Section 10.04) to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Issuer or the Company (or any assignee of the Company pursuant to Section 10.04) under any federal or state bankruptcy, insolvency or similar law law, or appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator or other similar official of the Issuer or the Company (or any assignee of the Company pursuant to Section 10.04) or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the IssuerIssuer or the Company (or any assignee of the Company pursuant to Section 10.04). (b) Notwithstanding any prior termination of this Agreement, the Servicer and Backup Servicer shall not, prior to the date that which is one year and one day after the termination of this Agreement with respect to the Seller, acquiesce toacquiesce, 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 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.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (Chrysler Financial Auto Securitization Trust 2010-A), Sale and Servicing Agreement (Chrysler Financial Auto Securitization Trust 2009-A), Sale and Servicing Agreement (Chrysler Financial Auto Securitization Trust 2009-B)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer and the Seller Sellers shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the Issuer, 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. (ba) Notwithstanding any prior termination of this Agreement, the Servicer shall not, prior to the date that is one year and one day after the termination of this Agreement with respect to the SellerAFC, acquiesce to, petition or otherwise invoke or cause the Seller AFC to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Seller AFC under any federal or state bankruptcy, insolvency or similar law, appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator, or other similar official of the Seller AFC or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the SellerAFC.

Appears in 3 contracts

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

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer Servicer, the Company and the Seller shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the IssuerTrust, acquiesce, petition or otherwise invoke or cause the Issuer Trust to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Issuer Trust 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 Trust or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the IssuerTrust. (b) Notwithstanding any prior termination of this Agreement, the Servicer shall not, prior to the date that is one year and one day after the termination of this Agreement with respect to the SellerCompany, acquiesce to, petition or otherwise invoke or cause the Seller Company to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Seller Company under any federal or state bankruptcy, insolvency or similar law, appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator, or other similar official of the Seller Company or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the SellerCompany.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Asset Backed Securities Corp), Sale and Servicing Agreement (Triad Financial Corp), Sale and Servicing Agreement (Asset Backed Securities Corp)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer and the Seller shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the Issuer, 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 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. (b) Notwithstanding any prior termination of this Agreement, the Servicer shall not, prior to the date that which is one year and one day after there has been paid in full all debt issued by any securitization vehicle in respect of which the termination of this Agreement with respect to the SellerSeller holds any interest, acquiesce toacquiesce, 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 Federal or state State bankruptcy, insolvency or similar law, law or 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.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Deere John Receivables Inc), Sale and Servicing Agreement (Deere John Receivables Inc), Sale and Servicing Agreement (Deere John Receivables Inc)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer and parties hereto (except the Seller Issuer) shall not, prior to the date which that is one year and one day after the termination of this Agreement with respect to the Issuer, 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 law, or appointing a conservator, 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. (b) Notwithstanding any prior termination of this Agreement, the Servicer parties hereto (except the Depositor or Regions Bank) shall not, prior to the date that is one year and one day after the termination of this Agreement with respect to the SellerDepositor, acquiesce toacquiesce, petition or otherwise invoke or cause the Seller Depositor to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Seller Depositor under any federal or state bankruptcy, insolvency or similar law, or appointing a conservator, receiver, liquidator, assignee, trustee, custodian, sequestrator, sequestrator or other similar official of the Seller Depositor or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the SellerDepositor.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Regions Auto Receivables Trust 2002-1), Sale and Servicing Agreement (Regions Acceptance LLC Regions Auto Receivables Tr 2003-2), Sale and Servicing Agreement (Regions Auto Receivables Trust 2003-1)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer Seller, the Administrator, the Owner Trustee and the Seller Indenture Trustee shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the Issuer, acquiesce, petition or otherwise invoke knowingly or intentionally cause or encourage the Issuer or the Depositor or any other Person to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Issuer or the Depositor 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 the Depositor or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the IssuerIssuer or the Depositor. (b) Notwithstanding any prior termination of this Agreement, the Servicer Issuer, the Administrator, the Owner Trustee and the Indenture Trustee shall not, prior to the date that is one year and one day after the termination of this Agreement with respect to the Seller, acquiesce toacquiesce, petition or otherwise invoke knowingly or intentionally cause or encourage 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, law or 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.

Appears in 2 contracts

Samples: Administration Agreement (First Investors Financial Services Group Inc), Administration Agreement (First Investors Financial Services Group Inc)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this AgreementSupplement, the Servicer Servicer, the Administrator, the Eligible Lender Trustee and the Seller Depositor shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the IssuerSupplement, 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. (b) Notwithstanding any prior termination of this AgreementSupplement, the Servicer Servicer, the Administrator, the Issuer and the Eligible Lender Trustee shall not, prior to the date that which is one year and one day after the termination of this Agreement with respect to the SellerSupplement, acquiesce toacquiesce, petition or otherwise invoke or cause the Seller Depositor to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Seller Depositor under any federal or state bankruptcy, insolvency or similar law, law or appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator, sequestrator or other similar official of the Seller Depositor or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the SellerDepositor.

Appears in 2 contracts

Samples: Administration Agreement (SLM Funding LLC), Administration Agreement (SLM Funding LLC)

Nonpetition Covenants. (a) Notwithstanding any prior --------------------- termination of this Agreement, the Servicer and the Seller shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the Issuer, 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. (b) Notwithstanding any prior termination of this Agreement, the Servicer shall not, prior to the date 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, 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.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Americredit Financial Services Inc), Sale and Servicing Agreement (Americredit Financial Services Inc)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, none of the Servicer and Backup Servicer, the Seller shall notServicer, the Seller, the Transferor (with respect to the Issuer) or the Depositor shall, prior to the date which is one year and one day after the termination of this Agreement with respect to the Transferor or the Issuer, acquiesce, petition or otherwise invoke or cause any of the Transferor or 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 any of the Transferor or the Issuer or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the Issuer. (b) Notwithstanding any prior termination of this Agreement, none of the Backup Servicer, the Custodian, the Transferor, the Seller or the Servicer shall notshall, prior to the date that is one year and one day after the termination of this Agreement with respect to the SellerDepositor, acquiesce to, petition or otherwise invoke or cause the Seller Depositor to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Seller Depositor under any federal or state bankruptcy, insolvency or similar law, appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator, or other similar official of the Seller Depositor or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the SellerDepositor.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Ml Asset Backed Corp), Sale and Servicing Agreement (Ml Asset Backed Corp)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer Servicer, the Administrator, the Trustee, the Indenture Trustee and the Seller Depositor shall not, prior to the date which is one year and one day 367 days after payment in full of the termination of this Agreement with respect to the IssuerNotes, 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. The foregoing shall not limit the rights of the Servicer, the Administrator, the Trustee, the Indenture Trustee or the Depositor to file any claim in, or otherwise take any action with respect to, any insolvency proceeding that was instituted against the Issuer by a Person other than the Servicer, the Administrator, the Trustee or the Depositor. (b) Notwithstanding any prior termination of this Agreement, the Servicer Servicer, the Administrator, the Issuer and the Trustee shall not, prior to the date that which is one year and one day 367 days after the termination payment in full of this Agreement with respect to the SellerNotes, acquiesce toacquiesce, petition or otherwise invoke or cause the Seller Depositor to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Seller Depositor under any federal or state bankruptcy, insolvency or similar law, law or appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator, sequestrator or other similar official of the Seller Depositor or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the SellerDepositor.

Appears in 2 contracts

Samples: Administration Agreement, Administration Agreement (SLM Private Credit Student Loan Trust 2006-A)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer Depositor, the Administrator, the Owner Trustee and the Seller Indenture Trustee shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the Issuer, not at any time acquiesce, petition or otherwise invoke invoke, or cooperate with or encourage others to 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. (b) Notwithstanding any prior termination of this Agreement, the Servicer Issuer, the Administrator, the Owner Trustee and the Indenture Trustee shall not, prior to the date that is one year and one day after the termination of this Agreement with respect to the Seller, acquiesce tonot at any time acquiesce, petition or otherwise invoke invoke, or cooperate with or encourage others to acquiesce, petition or otherwise invoke, or cause the Seller Depositor to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Seller Depositor under any federal or state bankruptcy, insolvency or similar law, law or appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator, or other similar official of the Seller Depositor or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the SellerDepositor.

Appears in 2 contracts

Samples: Administration Agreement (Carmax Auto Funding LLC), Administration Agreement (Carmax Auto Funding LLC)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer and the Seller shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the Issuer, 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. (b) Notwithstanding any prior termination of this Agreement, the Servicer shall not, prior to the date that which is one year and one day after the termination of this Agreement with respect to the Seller, acquiesce toacquiesce, 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 Federal or state bankruptcy, insolvency or similar law, law or 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.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Deere John Receivables Inc), Sale and Servicing Agreement (Deere John Receivables Inc)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer and the Seller Depositor shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the IssuerTrust Agreement, 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 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. (b) . Notwithstanding any prior termination of this Agreement, the Servicer and the Issuer shall not, prior to the date that which is one year and one day after the termination of this Agreement with respect to the SellerTrust Agreement, acquiesce toacquiesce, petition or otherwise invoke or cause the Seller Depositor to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Seller Depositor under any federal or state bankruptcy, insolvency or similar law, or appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator, sequestrator or other similar official of the Seller Depositor or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the SellerDepositor.

Appears in 2 contracts

Samples: Transfer and Servicing Agreement (Deutsche Recreational Asset Funding Corp), Transfer and Servicing Agreement (Deutsche Recreational Asset Funding Corp)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer Servicers, the Administrator and the Seller shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the Issuer, 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. (b) Notwithstanding any prior termination of this Agreement, the Servicer Servicers shall not, prior to the date that which is one year and one day after the termination of this Agreement with respect to the Seller, acquiesce toacquiesce, 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, law or 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.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Key Bank Usa National Association), Sale and Servicing Agreement (Key Bank Usa National Association)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer and the Seller parties hereto shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the Issuer, acquiesce, petition 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. (b) Notwithstanding any prior termination of this Agreement, the Servicer parties hereto shall not, prior to the date 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, 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.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Franklin Auto Trust 2004-2), Sale and Servicing Agreement (Franklin Auto Trust 2004-1)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer Servicer, the Depositor, the Owner Trustee, the Custodian, the Securities Intermediary, and the Seller Indenture Trustee shall not, prior to the date which is one year and one day after the termination payment in full of this Agreement with respect to the IssuerNotes, acquiesce, petition or otherwise invoke or cause the Issuer Issuing Entity to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Issuer Issuing Entity 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 Issuing Entity or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the IssuerIssuing Entity. (b) Notwithstanding any prior termination of this Agreement, the Servicer Servicer, the Issuing Entity, the Owner Trustee, the Custodian, the Securities Intermediary, and the Indenture Trustee shall not, prior to the date that which is one year and one day after the termination payment in full of this Agreement with respect to the SellerNotes, acquiesce toacquiesce, petition or otherwise invoke or cause the Seller Depositor to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Seller Depositor under any federal Federal or state bankruptcy, insolvency or similar law, law or appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator, sequestrator or other similar official of the Seller Depositor or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the SellerDepositor.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Caterpillar Financial Funding Corp), Sale and Servicing Agreement (Caterpillar Financial Asset Trust 2006-A)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, none of the Servicer, the Originator, the Indenture Trustee, the Back-up Servicer and or the Seller shall notDepositor shall, prior to the date which is one year two years and one day after the termination payment in full of this Agreement with all obligations of the Issuer in respect to of all securities issued by the Issuer, 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. (b) Notwithstanding any prior termination of this Agreement, none of the Servicer, the Originator, the Indenture Trustee or the Back-up Servicer shall notshall, prior to the date that is one year and one day after the termination payment in full of this Agreement with all obligations of the Depositor in respect to of all securities issued by the SellerDepositor, acquiesce to, petition or otherwise invoke or cause the Seller Depositor to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Seller Depositor under any federal or state bankruptcy, insolvency or similar law, appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator, or other similar official of the Seller Depositor or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the SellerDepositor.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Commercial Credit, Inc.), Sale and Servicing Agreement (Commercial Credit, Inc.)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer and the Seller shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the Issuer, 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 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. (b) Notwithstanding any prior termination of this Agreement, the Servicer shall not, prior to the date 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 State bankruptcy, insolvency or similar law, 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.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (AmeriCredit Automobile Receivables Trust 2020-1), Sale and Servicing Agreement (AmeriCredit Automobile Receivables Trust 2020-1)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer Master Servicer, the Administrator and the Seller shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the Issuer, 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. (b) Notwithstanding any prior termination of this Agreement, the Master Servicer or any successor Master Servicer shall not, prior to the date that which is one year and one day after the termination of this Agreement with respect to the Seller, acquiesce toacquiesce, 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, law or 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.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Mellon Bank N A), Sale and Servicing Agreement (Key Bank Usa National Association)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer and the Seller shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the IssuerIssuer or the Seller, acquiesce, petition or otherwise invoke or cause the Issuer or the Seller to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Issuer or the Seller under any federal or state bankruptcy, insolvency or similar law law, or appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator or other similar official of the Issuer or the Seller or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the IssuerIssuer or the Seller. (b) Notwithstanding any prior termination of this Agreement, the Servicer shall not, prior to the date that which is one year and one day after the termination of this Agreement with respect to the Seller, acquiesce toacquiesce, 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 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.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (First Merchants Acceptance Corp), Sale and Servicing Agreement (First Merchants Acceptance Corp)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer and the Seller Transferor shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the Issuer, 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 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. (b) Notwithstanding any prior termination of this Agreement, the Servicer shall not, prior to the date that which is one year and one day after the termination of this Agreement with respect to the SellerTransferor, acquiesce toacquiesce, petition or otherwise invoke or cause the Seller Transferor to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Seller Transferor under any federal or state bankruptcy, insolvency or similar law, or appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator, sequestrator or other similar official of the Seller Transferor or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the SellerTransferor.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (American Honda Receivables Corp), Sale and Servicing Agreement (Pooled Auto Securities Shelf LLC)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer Servicer, the Indenture Trustee and the Seller shall Depositor will not, prior to the date which that is one year and one day after the termination of this Agreement with respect to the IssuerAgreement, 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. (b) Notwithstanding any prior termination of this Agreement, the Servicer shall and the Indenture Trustee will not, prior to the date that is one year and one day after the termination of this Agreement with respect to the SellerDepositor, acquiesce to, petition or otherwise invoke or cause the Seller Depositor to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Seller Depositor under any federal or state bankruptcy, insolvency or similar law, appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator, or other similar official of the Seller Depositor or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the SellerDepositor.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Triad Automobile Receivables Trust 2003-B)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer Seller, the Administrator, the Owner Trustee and the Seller Indenture Trustee shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the Issuer, 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. (b) a. Notwithstanding any prior termination of this Agreement, the Servicer Issuer, the Administrator, the Owner Trustee and the Indenture Trustee shall not, prior to the date that which is one year and one day after the termination of this Agreement with respect to the Seller, acquiesce toacquiesce, 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, law or appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator, sequestrator or other similar official of the Seller or any substantial part of its their respective property, or ordering the winding up or liquidation of the affairs of the Seller.

Appears in 1 contract

Samples: Administration Agreement (Amsouth Auto Corp Inc)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer Servicer, the Indenture Trustee and the Seller shall will not, prior to the date which that is one year and one day after the termination of this Agreement with respect to the IssuerAgreement, 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. (b) Notwithstanding any prior termination of this Agreement, the Servicer shall notServicer, prior to the date that is one year Issuer, the Custodian and one day after the termination of this Agreement with respect to the Seller, Indenture Trustee will not 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, 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.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Bond Securitization LLC)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer and the Seller shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the Issuer, 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. (b) Notwithstanding any prior termination of this Agreement, the Servicer shall not, prior to the date 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, 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.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Americredit Financial Services Inc)

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Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer and the Seller Sellers shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the Issuer, 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. (b) Notwithstanding any prior termination of this Agreement, the Servicer shall not, prior to the date that is one year and one day after the termination of this Agreement with respect to the SellerAFC, acquiesce to, petition or otherwise invoke or cause the Seller AFC to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Seller AFC under any federal or state bankruptcy, insolvency or similar law, appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator, or other similar official of the Seller AFC or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the SellerAFC.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Americredit Corp)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer and the Seller shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the Issuer, 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 provincial 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. (b) Notwithstanding any prior termination of this Agreement, the Servicer shall not, prior to the date 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 provincial bankruptcy, insolvency or similar law, 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.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Americredit Corp)

Nonpetition Covenants. (a) Notwithstanding any prior termination --------------------- of this Agreement, the Servicer and the Seller Sellers shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the Issuer, 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. (ba) Notwithstanding any prior termination of this Agreement, the Servicer shall not, prior to the date that is one year and one day after the termination of this Agreement with respect to the SellerAFC, acquiesce to, petition or otherwise invoke or cause the Seller AFC to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Seller AFC under any federal or state bankruptcy, insolvency or similar law, appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator, or other similar official of the Seller AFC or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the SellerAFC.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Americredit Corp)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, none of the Servicer and Backup Servicer, the Seller shall notCustodian, the Servicer, the Seller, the Transferor (with respect to the Issuer) or the Depositor shall, prior to the date which is one year and one day after the termination of this Agreement with respect to the Transferor or the Issuer, acquiesce, petition or otherwise invoke or cause any of the Transferor or 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 any of the Transferor or the Issuer or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the Issuer. (b) Notwithstanding any prior termination of this Agreement, none of the Backup Servicer, the Custodian, the Transferor, the Seller or the Servicer shall notshall, prior to the date that is one year and one day after the termination of this Agreement with respect to the SellerDepositor, acquiesce to, petition or otherwise invoke or cause the Seller Depositor to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Seller Depositor under any federal or state bankruptcy, insolvency or similar law, appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator, or other similar official of the Seller Depositor or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the SellerDepositor.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Painewebber Asset Acceptance Corp)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Master Servicer and the Seller shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the Issuer, 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. (b) Notwithstanding any prior termination of this Agreement, the Master Servicer shall not, prior to the date 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, 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.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Advanta Automobile Receivables Trust 1997-1)

Nonpetition Covenants. (a) Notwithstanding any prior --------------------- termination of this Agreement, none of the Servicer and Backup Servicer, the Seller shall notServicer, the Seller, the Transferor (with respect to the Issuer) or the Depositor shall, prior to the date which is one year and one day after the termination of this Agreement with respect to the Transferor or the Issuer, acquiesce, petition or otherwise invoke or cause any of the Transferor or 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 any of the Transferor or the Issuer or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the Issuer. (b) Notwithstanding any prior termination of this Agreement, none of the Backup Servicer, the Custodian, the Transferor, the Seller or the Servicer shall notshall, prior to the date that is one year and one day after the termination of this Agreement with respect to the SellerDepositor, acquiesce to, petition or otherwise invoke or cause the Seller Depositor to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Seller Depositor under any federal or state bankruptcy, insolvency or similar law, appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator, or other similar official of the Seller Depositor or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the SellerDepositor.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Prudential Securities Secured Financing Corp)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this AgreementSupplement, the Servicer Servicer, the Administrator, the Eligible Lender Trustee and the Seller Depositor shall not, prior to the date which is one year and one day after the termination payment in full of this Agreement with respect to the IssuerNotes, 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. (b) Notwithstanding any prior termination of this AgreementSupplement, the Servicer Servicer, the Administrator, the Issuer and the Eligible Lender Trustee shall not, prior to the date that which is one year and one day after the termination payment in full of this Agreement with respect to the SellerNotes, acquiesce toacquiesce, petition or otherwise invoke or cause the Seller Depositor to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Seller Depositor under any federal or state bankruptcy, insolvency or similar law, law or appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator, sequestrator or other similar official of the Seller Depositor or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the SellerDepositor.

Appears in 1 contract

Samples: Administration Agreement (SLM Funding LLC)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer Servicer, the Seller, the Owner Trustee and the Seller Indenture Trustee shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the Issuer, 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. (b) Notwithstanding any prior termination of this Agreement, the Servicer Servicer, the Issuer, the Owner Trustee and the Indenture Trustee shall not, prior to the date that which is one year and one day after the termination of this Agreement with respect to the Seller, acquiesce toacquiesce, 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 48 Federal or state bankruptcy, insolvency or similar law, law or 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.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Caterpillar Financial Funding Corp)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer Servicer, the Backup Servicer, the Trustee, the Trust Collateral Agent, the Custodian, the Insurer, the Owner Trustee and the Seller shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the Issuer, 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. (b) Notwithstanding any prior termination of this Agreement, the Servicer Servicer, the Backup Servicer, the Trustee, the Trust Collateral Agent, the Custodian, the Insurer and the Owner Trustee shall not, prior to the date 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, 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.

Appears in 1 contract

Samples: Sale and Servicing Agreement (National Auto Finance Co Inc)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this AgreementAgreement or the Series Supplement, none of the Master Servicer, the Servicer and Seller, the Seller shall notAdministrative Agent, any Managing Agent or any Secured Party shall, prior to the date which is one year and one day after the termination of this Agreement with respect to and the Issuerpayment in full of all obligations of the Issuer under the Basic Documents, 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. (b) Notwithstanding any prior termination of this AgreementAgreement or the Series Supplement, none of the Master Servicer, any Managing Agent, the Servicer shall notAdministrative Agent or any Secured Party shall, prior to the date that is one year and one day after the termination of this Agreement with respect to and each and every Master Sale and Servicing Agreement or similar agreement of 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, 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.

Appears in 1 contract

Samples: Master Sale and Servicing Agreement (Household Auto Receivables Corp)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer and the Seller shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the IssuerAgreement, acquiesce, petition or otherwise invoke or cause the Issuer or the Seller to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Issuer or the Seller under any federal or state bankruptcy, insolvency or similar law law, or appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator or other similar official of the Issuer or the Seller or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the IssuerIssuer or the Seller. (b) Notwithstanding any prior termination of this Agreement, the Servicer shall not, prior to the date that which is one year and one day after the termination of this Agreement with respect to the Seller, acquiesce toacquiesce, 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 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.

Appears in 1 contract

Samples: Sale and Servicing Agreement (First Merchants Acceptance Corp)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer and the Seller shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the Issuer, 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. (ba) Notwithstanding any prior termination of this Agreement, the Servicer shall not, prior to the date that is one year and one day after the termination of this Agreement with respect to the SellerAFC, acquiesce to, petition or otherwise invoke or cause the Seller AFC to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Seller AFC under any federal or state bankruptcy, insolvency or similar law, appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator, or other similar official of the Seller AFC or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the SellerAFC.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Americredit Corp)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer Servicer, the Backup Servicer, and the Seller shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the Issuer, 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 an involuntary 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. (b) Notwithstanding any prior termination of this Agreement, the Servicer and the Backup Servicer shall not, prior to the date 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 an involuntary case against the Seller under any federal or state bankruptcy, insolvency or similar law, 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.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer and the Seller shall not, prior to the date which that is one year and one day after the termination of this the Agreement with respect to the IssuerTrust, acquiesceacquiesce to, petition or otherwise invoke or cause the Issuer Trust to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Issuer Trust under any federal or state bankruptcy, insolvency or similar law law, or appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator sequestrator, or other similar official of the Issuer Trust or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the IssuerTrust. (b) Notwithstanding any prior termination of this the Agreement, the Servicer shall not, prior to the date that is one year and one day after the termination of this the 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, 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.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (FCC Receivables Corp)

Nonpetition Covenants. (a) Notwithstanding notwithstanding any prior termination of this Agreementagreement, neither the Servicer and seller nor the Seller shall notdepositor eligible lender trustee shall, prior to the date which is one year and one day after the termination of this Agreement agreement with respect to the Issuerpurchaser, acquiesce, petition or otherwise invoke or cause the Issuer purchaser to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Issuer 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 Issuer purchaser or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the Issuerpurchaser. (ba) Notwithstanding any prior termination of this Agreement, neither the Servicer shall notPurchaser nor the Depositor Eligible Lender Trustee shall, prior to the date that which is one year and one day after the termination of this Agreement with respect to the Seller, acquiesce toacquiesce, 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, law or 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.

Appears in 1 contract

Samples: Student Loan Transfer Agreement (KeyCorp Student Loan Trust 2006-A)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer Transferors, the Administrator, the Owner Trustee, the Delaware Trust and the Seller shall not, Indenture Trustee may not prior to the date which is one year and one day after the termination of this Agreement with respect to the Issuer, 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, conservator, 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 Issuerissuer; provided, however, that this Section 20 is not intended to preclude any remedy described in Article V of the Indenture. (b) Notwithstanding any prior termination of this Agreement, the Servicer shall Issuer, the Administrator, the Owner Trustee, the Delaware Trustee and the Indenture Trustee may not, prior to the date that which is one year and one day after the termination of this Agreement with respect to the SellerTransferors, acquiesce toacquiesce, petition or otherwise invoke or cause the Seller any Transferor to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Seller any Transferor under any federal or state bankruptcy, insolvency or similar law, law or appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator, sequestrator or other similar official of the Seller any Transferor or any substantial part of its their respective property, or ordering the winding up or liquidation of the affairs of the Sellerany Transferor.

Appears in 1 contract

Samples: Administration Agreement (Ford Credit Floorplan LLC)

Nonpetition Covenants. (a) Notwithstanding any prior --------------------- termination of this Agreement, the Servicer and the Seller shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the Issuer, 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 law, or appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator or other similar official of the Issuer or any substantial part of its their property, or ordering the winding up or liquidation of the affairs of the Issuer. (b) Notwithstanding any prior termination of this Agreement, the Servicer Servicer, solely in its capacity as a creditor of the Seller, shall not, prior to the date that which is one year and one day after the termination of this Agreement with respect to the Seller, acquiesce toacquiesce, 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 an involuntary case against the Seller under any federal or state bankruptcy, insolvency or similar law, or 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.

Appears in 1 contract

Samples: Sale and Servicing Agreement (World Omni Auto Receivables LLC)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer and the Seller shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the Issuer, 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 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.. 73 (Nissan 2008-A Sale and Servicing Agreement) (b) Notwithstanding any prior termination of this Agreement, each of the Servicer shall notand the Owner Trustee (not in its individual capacity but solely as Owner Trustee), prior to the date that which is one year and one day after the termination of this Agreement Notes are paid in full, covenants and agrees that it will not at any time file, join in any filing of, or cooperate with respect or encourage others to the Sellerfile any bankruptcy, acquiesce toreorganization arrangement, petition insolvency or otherwise invoke liquidation proceeding or cause the Seller to invoke the process of any court or government authority for the purpose of commencing or sustaining a case other proceeding against the Seller under any federal or state bankruptcy, insolvency or similar 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.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Nissan Auto Receivables Corp Ii)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer and the Seller shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the Issuer, 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. (b) Notwithstanding any prior termination of this Agreement, the Servicer shall not, prior to the date 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, 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.. Table of Contents

Appears in 1 contract

Samples: Sale and Servicing Agreement (Americredit Automobile Receivables Trust 2011-4)

Nonpetition Covenants. (a) Notwithstanding any prior --------------------- termination of this Agreement, the Servicer and the Seller Depositor shall not, prior to the date which that is one year and one day after the termination of this Agreement with respect to the IssuerTrust, acquiesceacquiesce to, petition or otherwise invoke or cause the Issuer Trust to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Issuer Trust under any federal or state bankruptcy, insolvency or similar law law, or appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator sequestrator, or other similar official of the Issuer Trust or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the IssuerTrust. (b) Notwithstanding any prior termination of this Agreement, the Servicer shall not, prior to the date that is one year and one day after the termination of this Agreement with respect to the SellerDepositor, acquiesce to, petition or otherwise invoke or cause the Seller Depositor to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Seller Depositor under any federal or state bankruptcy, insolvency or similar law, appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator, or other similar official of the Seller Depositor or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the Seller.Depositor. * * *

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley Abs Capital Ii Inc)

Nonpetition Covenants. (ai) Notwithstanding any prior termination of this Agreement, the Servicer Seller, the Administrator, the Owner Trustee and the Seller Indenture Trustee shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the Issuer, acquiesce, petition join in, encourage 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. (bii) Notwithstanding any prior termination of this Agreement, the Servicer parties hereto shall not, prior to the date that which is one year and one day after the termination of this Agreement with respect to the Seller, acquiesce toacquiesce, petition join in, encourage 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, law or appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator, sequestrator or other similar official of the Seller or any substantial part of its their respective property, or ordering the winding up or liquidation of the affairs of the Seller.

Appears in 1 contract

Samples: Administration Agreement (Capital One Auto Receivables LLC)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer and the Seller shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the Issuer, 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 law, or appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator or other similar 56 official of the Issuer or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the Issuer. (b) Notwithstanding any prior termination of this Agreement, the Servicer shall not, prior to the date that which is one year and one day after the termination of this Agreement with respect to the Seller, acquiesce toacquiesce, 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 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.

Appears in 1 contract

Samples: Sale and Servicing Agreement (American Honda Receivables Corp)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer Depositor, the Master Servicer, the Administrator, and (to the Seller fullest extent permitted by applicable law) the Eligible Lender Trustee shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the Depositor or the Issuer, 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. (b) Notwithstanding any prior termination of this Agreement, the Eligible Lender Trustee on behalf of the Issuer, the Master Servicer or any successor Master Servicer shall not, prior to the date that which is one year and one day after the termination of this Agreement with respect to the SellerDepositor, acquiesce toacquiesce, petition or otherwise invoke or cause the Seller Depositor to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Seller Depositor under any federal or state bankruptcy, insolvency or similar law, law or appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator, sequestrator or other similar official of the Seller Depositor or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the SellerDepositor.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Keycorp Student Loan Trust 2004-A)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer and the Seller parties hereto shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the Issuer, acquiesce, petition 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. (ba) Notwithstanding any prior termination of this Agreement, the Servicer parties hereto shall not, prior to the date that is one year and one day after the termination of this Agreement with respect to the SellerDepositor, acquiesce to, petition or otherwise invoke or cause the Seller Depositor to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Seller Depositor under any federal or state bankruptcy, insolvency or similar law, appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator, or other similar official of the Seller Depositor or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the SellerDepositor.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Franklin Receivables LLC)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer and the Seller each party hereto shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the Issuerat any time, acquiesce, petition or otherwise invoke or cause the Issuer Issuing Entity [or the Grantor Trust] to invoke the process of any court or government authority for the purpose of commencing or sustaining a an involuntary case against the Issuer Issuing Entity [or the Grantor Trust] 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 Issuing Entity [or the Grantor Trust] or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the IssuerIssuing Entity [or the Grantor Trust]. (b) Notwithstanding any prior termination of this Agreement, the Servicer each party hereto shall not, prior to solely in its capacity as a creditor of the date that is one year and one day after the termination of this Agreement with respect to the SellerDepositor, acquiesce toat any time, acquiesce, petition or otherwise invoke or cause the Seller Depositor to invoke the process of any court or government authority for the purpose of commencing or sustaining a an involuntary case against the Seller Depositor under any federal Federal or state bankruptcy, insolvency or similar law, law or appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator, sequestrator or other similar official of the Seller Depositor or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the SellerDepositor.

Appears in 1 contract

Samples: Administration Agreement (World Omni Auto Receivables LLC)

Nonpetition Covenants. (a) 1. Notwithstanding any prior termination of this Agreement, the Servicer and the Seller shall not, prior to the date which that is one year and one day after the termination of this Agreement Agreement, with respect to the Issuer, acquiesce, petition or otherwise invoke or cause the Issuer to invoke the process of any court or government governmental 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. The foregoing shall not limit the right of the Servicer and the Seller to file any claim in or otherwise take any action with respect to any such insolvency proceeding that was instituted against the Issuer by any Person other than the Servicer or the Seller. (b) 2. Notwithstanding any prior termination of this Agreement, the Servicer shall not, prior to the date that is one year and one day after the termination of this Agreement Agreement, with respect to the Seller, acquiesce toacquiesce, petition or otherwise invoke or cause the Seller to invoke the process of any court or government governmental authority for the purpose of commencing or sustaining a case against the Seller under any federal Federal or state bankruptcy, insolvency or similar law, law or 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. The foregoing shall not limit the right of the Servicer to file any claim in or otherwise take any action with respect to any such insolvency proceeding that was instituted against the Seller by any Person other than the Servicer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Case Receivables Ii Inc)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer Servicer, the Indenture Trustee and the Seller shall will not, prior to the date which that is one year and one day after the termination of this Agreement with respect to the IssuerAgreement, 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. (b) Notwithstanding any prior termination of this Agreement, the Servicer shall and the Indenture Trustee will not, prior to the date 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, 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.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Triad Automobile Receivables Trust 2002 A)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Master Servicer and the Seller Administrator shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the Issuer, 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. (b) Notwithstanding any prior termination of this Agreement, the Master Servicer and the Administrator shall not, prior to the date that which is one year and one day after the termination of this Agreement with respect to the Seller, acquiesce toacquiesce, 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, law or 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.

Appears in 1 contract

Samples: Master Servicing Agreement (First Union Student Loan Trust 1997-1)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this AgreementAgreement or any Series Supplement, the Master Servicer and the Seller shall not, prior to the date which is one year and one day after the termination of this Agreement or any Series Supplement with respect to the Issuer, 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. (b) . Notwithstanding any prior termination of this AgreementAgreement or any Series Supplement, the Master Servicer shall not, prior to the date that is one year and one day after the termination of this Agreement or any Series Supplement 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, 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 SellerSeller .

Appears in 1 contract

Samples: Master Sale and Servicing Agreement (Household Automotive Trust 2001-1)

Nonpetition Covenants. (a) a. Notwithstanding any prior termination of this Agreement, the Servicer and the Seller Administrator, shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the Issuer, acquiesce, petition join in, encourage 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. (b) . Notwithstanding any prior termination of this Agreement, the Servicer Issuer, the Administrator, the Owner Trustee and the Indenture Trustee shall not, prior to the date that which is one year and one day after the termination of this Agreement with respect to the Seller, acquiesce toacquiesce, petition join in, encourage 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, law or appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator, sequestrator or other similar official of the Seller or any substantial part of its their respective property, or ordering the winding up or liquidation of the affairs of the Seller.

Appears in 1 contract

Samples: Administration Agreement (Ace Securities Corp Rv & Marine Trust 2001-Rv1)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this AgreementAgreement or the Indenture, the Servicer and the Seller shall not, prior to the date which is one year and one day after the termination of this Agreement with respect to the Issuer, acquiesceIndenture, 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 propertythe property of the Issuer, or ordering the winding up or liquidation of the affairs of the Issuer. (b) Notwithstanding any prior termination of this AgreementAgreement or the Indenture, the Servicer Issuer shall not, prior to the date that which is one year and one day after the termination of this Agreement with respect to the Seller, acquiesce toIndenture, 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, law or appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator, sequestrator or other similar official of the Seller or any substantial part of its propertythe property of the Seller, or ordering the winding up or liquidation of the affairs of the Seller.

Appears in 1 contract

Samples: Intangible Transition Property Sale Agreement (Pp&l Transition Bond Co Inc)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, the Servicer and the Seller Depositor shall not, prior to the date which that is one year and one day after the termination of this Agreement with respect to the IssuerTrust, acquiesceacquiesce to, petition or otherwise invoke or cause the Issuer Trust to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Issuer Trust under any federal or state bankruptcy, insolvency or similar law law, or appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator sequestrator, or other similar official of the Issuer Trust or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the IssuerTrust. (b) Notwithstanding any prior termination of this Agreement, the Servicer shall not, prior to the date that is one year and one day after the termination of this Agreement with respect to the SellerDepositor, acquiesce to, petition or otherwise invoke or cause the Seller Depositor to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Seller Depositor under any federal or state bankruptcy, insolvency or similar law, appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator, or other similar official of the Seller Depositor or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the Seller.Depositor. * * * 57

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Deutsche Recreational Asset Funding Corp)

Nonpetition Covenants. (a) Notwithstanding any prior termination of this Agreement, none of the Servicer and Servicer, the Seller shall notor the Backup Servicer shall, prior to the date which is one year and one day after the termination of this Agreement with respect to the Issuer, acquiesce, petition or otherwise invoke or cause the Issuer to invoke the process of any court or government authority for the 103 purpose of commencing or sustaining a case against the Issuer under any federal Federal or state 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. (b) Notwithstanding any prior termination of this Agreement, none of the Servicer shall notor the Backup Servicer shall, prior to the date that is one year and one day after the termination of this Agreement in accordance with Article XI, 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 Federal or state State bankruptcy, insolvency or similar law, 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.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc)

Nonpetition Covenants. (a) Notwithstanding 1Notwithstanding any prior termination of this Agreement, none of the Servicer, the Seller, the Custodian, the Grantor Trust, the Delaware Trustee, the Grantor Trust Trustee or the Backup Servicer and the Seller shall notshall, prior to the date which that is one year and one day after the termination of this Agreement with respect to the Issuer, 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 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. (b) Notwithstanding any prior termination of this Agreement, none of the Servicer shall notor the Backup Servicer shall, prior to the date that is one year and one day after the termination of this Agreement in accordance with Article XI, 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 Federal or state State bankruptcy, insolvency or similar law, 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.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc)

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