Nonpetition Covenants. (a) To the fullest extent permitted by applicable law, notwithstanding any prior termination of this Agreement, but subject to the provisions of Section 4.5, the Certificateholder 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 Trust, acquiesce, petition or otherwise invoke or cause the Trust to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the 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 Trust or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the Trust. (b) To the fullest extent permitted by applicable law, notwithstanding any prior termination of this Agreement, but subject to the provisions of Section 4.5, the Owner Trustee 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 Trust, acquiesce, petition or otherwise invoke or cause the Trust to invoke the process of any court or government authority for the purpose of commencing or sustaining an involuntary case against the 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 Trust or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the Trust.
Appears in 48 contracts
Samples: Trust Agreement (GM Financial Consumer Automobile Receivables Trust 2024-4), Trust Agreement (GM Financial Consumer Automobile Receivables Trust 2024-4), Trust Agreement (GM Financial Consumer Automobile Receivables Trust 2024-3)
Nonpetition Covenants. (a) To the fullest extent permitted by applicable law, notwithstanding any prior termination of this Agreement, but subject to the provisions of Section 4.5, the Holding Trust Certificateholder 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 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 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) To the fullest extent permitted by applicable law, notwithstanding any prior termination of this Agreement, but subject to the provisions of Section 4.5, the Owner Trustee 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 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 an involuntary case against the Holding Trust 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 Holding Trust or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the Holding Trust.
Appears in 40 contracts
Samples: Trust Agreement (Exeter Automobile Receivables Trust 2024-5), Trust Agreement (Exeter Automobile Receivables Trust 2024-5), Trust Agreement (Exeter Automobile Receivables Trust 2024-4)
Nonpetition Covenants. (a) To the fullest extent permitted by applicable law, notwithstanding any prior termination of this Agreement, but subject to the provisions of Section 4.5, the Certificateholder Certificateholders 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 Trust, acquiesce, petition or otherwise invoke or cause the Trust to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Trust 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 Trust or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the Trust.
(b) To the fullest extent permitted by applicable law, notwithstanding any prior termination of this Agreement, but subject to the provisions of Section 4.5, the Owner Trustee 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 Trust, acquiesce, petition or otherwise invoke or cause the Trust to invoke the process of any court or government authority for the purpose of commencing or sustaining an involuntary case against the Trust 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 Trust or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the Trust.
Appears in 40 contracts
Samples: Trust Agreement (Exeter Automobile Receivables Trust 2024-5), Trust Agreement (Exeter Automobile Receivables Trust 2024-5), Trust Agreement (Exeter Automobile Receivables Trust 2024-4)
Nonpetition Covenants. (a) To the fullest extent permitted by applicable law, notwithstanding any prior termination of this Agreement, but subject to the provisions of Section 4.5, the Certificateholder 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 Trust, acquiesce, petition or otherwise invoke or cause the Trust to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the 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 Trust or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the Trust.
(b) To the fullest extent permitted by applicable law, notwithstanding any prior termination of this Agreement, but subject to the provisions of Section 4.5, the Owner Trustee 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 Trust, acquiesce, petition or otherwise invoke or cause the Trust to invoke the process of any court or government authority for the purpose of commencing or sustaining an involuntary case against the 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 Trust or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the Trust.
Appears in 12 contracts
Samples: Trust Agreement (AmeriCredit Automobile Receivables Trust 2021-3), Trust Agreement (AmeriCredit Automobile Receivables Trust 2021-3), Trust Agreement (AmeriCredit Automobile Receivables Trust 2021-2)
Nonpetition Covenants. (a) To the fullest extent permitted by applicable law, notwithstanding Notwithstanding any prior termination of this Agreement, but subject to the provisions of Section 4.5, the Certificateholder 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 Trust, acquiesce, petition or otherwise invoke or cause the Trust to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Trust 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 Trust or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the Trust.
(b) To the fullest extent permitted by applicable law, notwithstanding Notwithstanding any prior termination of this Agreement, but subject to the provisions of Section 4.5, the Owner Trustee 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 Trust, acquiesce, petition or otherwise invoke or cause the Trust to invoke the process of any court or government authority for the purpose of commencing or sustaining an involuntary case against the Trust 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 Trust or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the Trust.
Appears in 10 contracts
Samples: Trust Agreement (AmeriCredit Automobile Receivables Trust 2007-D-F), Trust Agreement (AmeriCredit Automobile Receivables Trust 2008-a-F), Trust Agreement (AFS SenSub Corp.)
Nonpetition Covenants. (a) To the fullest extent permitted by applicable law, notwithstanding Notwithstanding any prior termination of this Agreement, but subject to the provisions of Section 4.5Seller, the Certificateholder Administrator, the Owner Trustee, the Delaware Trustee and the Indenture Trustee 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 TrustIssuer, acquiesce, petition or otherwise invoke or cause the Trust Issuer to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Trust 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 Trust Issuer or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the TrustIssuer.
(b) To the fullest extent permitted by applicable law, notwithstanding Notwithstanding any prior termination of this Agreement, but subject to the provisions of Section 4.5Issuer, the Administrator, the Owner Trustee, the Delaware Trustee and the Indenture Trustee shall not, prior to the date which is one (1) year and one (1) day after the termination of this Agreement, Agreement with respect to the TrustSeller, acquiesce, petition or otherwise invoke or cause the Trust Seller to invoke the process of any court or government authority for the purpose of commencing or sustaining an involuntary a case against the Trust Seller 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 Trust Seller or any substantial part of its their respective property, or ordering the winding up or liquidation of the affairs of the TrustSeller.
Appears in 6 contracts
Samples: Administration Agreement (Ford Credit Auto Receivables Two LLC), Administration Agreement (Ford Credit Auto Receivables Two LLC), Administration Agreement (Ford Credit Auto Receivables Two LLC)
Nonpetition Covenants. (a) To the fullest extent permitted by applicable law, notwithstanding any prior termination of this Agreement, but subject to the provisions of Section 4.5, the Certificateholder Certificateholder[s] 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 Trust, acquiesce, petition or otherwise invoke or cause the Trust to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the 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 Trust or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the Trust.
(b) To the fullest extent permitted by applicable law, notwithstanding any prior termination of this Agreement, but subject to the provisions of Section 4.5, the Owner Trustee 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 Trust, acquiesce, petition or otherwise invoke or cause the Trust to invoke the process of any court or government authority for the purpose of commencing or sustaining an involuntary case against the 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 Trust or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the Trust.
Appears in 3 contracts
Samples: Trust Agreement (Afs Sensub Corp.), Trust Agreement (Afs Sensub Corp.), Trust Agreement (Afs Sensub Corp.)
Nonpetition Covenants. (ai) To the fullest extent permitted by applicable law, notwithstanding Notwithstanding any prior termination of this Agreement, but subject to the provisions of Section 4.5Seller, the Certificateholder Administrator, the Owner Trustee and the Indenture Trustee 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 TrustOwner Trustee, acquiesce, petition join in, encourage or otherwise invoke or cause the Trust Owner Trustee to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Trust Owner Trustee 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 Trust Owner Trustee or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the TrustOwner Trustee.
(bii) To the fullest extent permitted by applicable law, notwithstanding Notwithstanding any prior termination of this Agreement, but subject to the provisions of Section 4.5Owner Trustee, the Administrator, the Owner Trustee and the Indenture Trustee shall not, prior to the date which is one (1) year and one (1) day after the termination of this Agreement, Agreement with respect to the TrustSeller, acquiesce, petition join in, encourage or otherwise invoke or cause the Trust Seller to invoke the process of any court or government authority for the purpose of commencing or sustaining an involuntary a case against the Trust Seller 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 Trust Seller or any substantial part of its their respective property, or ordering the winding up or liquidation of the affairs of the TrustSeller.
Appears in 3 contracts
Samples: Administration Agreement (Capital One Auto Finance Trust 2002-C), Administration Agreement (Capital One Auto Receivables LLC), Administration Agreement (Capital One Auto Finance Trust 2002-A)
Nonpetition Covenants. (a) To the fullest extent permitted by applicable law, notwithstanding Notwithstanding any prior termination of this Agreement, but subject to the provisions of Section 4.5Seller, the Certificateholder Administrator, the Owner Trustee and the Indenture Trustee 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 TrustOwner Trustee, acquiesce, petition join in, encourage or otherwise invoke or cause the Trust Owner Trustee to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Trust Owner Trustee 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 Trust Owner Trustee or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the TrustOwner Trustee.
(b) To the fullest extent permitted by applicable law, notwithstanding Notwithstanding any prior termination of this Agreement, but subject to the provisions of Section 4.5Owner Trustee, the Administrator, the Owner Trustee and the Indenture Trustee shall not, prior to the date which is one (1) year and one (1) day after the termination of this Agreement, Agreement with respect to the TrustSeller, acquiesce, petition join in, encourage or otherwise invoke or cause the Trust Seller to invoke the process of any court or government authority for the purpose of commencing or sustaining an involuntary a case against the Trust Seller 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 Trust Seller or any substantial part of its their respective property, or ordering the winding up or liquidation of the affairs of the TrustSeller.
Appears in 1 contract
Samples: Administration Agreement (Capital One Auto Receivables Trust 2001-B)
Nonpetition Covenants. (a) To the fullest extent permitted by applicable law, notwithstanding Notwithstanding any prior termination of this Agreement, but subject to each of the provisions of Section 4.5, parties hereto (other than the Certificateholder Deal Agent) agrees that it shall not, prior to the date which is one (1) year and one (1) day after the termination payment in full in cash of this Agreement with respect the all amounts owed to the TrustNoteholders, acquiesce, petition or otherwise invoke or cause the Trust Issuer to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Trust 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 Trust Issuer or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the TrustIssuer.
(b) To the fullest extent permitted by applicable law, notwithstanding Notwithstanding any prior termination of this Agreement, but subject to each of the provisions of Section 4.5, parties hereto (other than the Owner Trustee Deal Agent) agrees that it shall not, prior to the date which that is one (1) year and one (1) day after the termination of this Agreement, Agreement with respect to the TrustTransferor, acquiesceacquiesee to, petition or otherwise invoke or cause the Trust Transferor to invoke the process of any court or government authority for the purpose of commencing or sustaining an involuntary a case against the Trust Transferor under any federal or State state bankruptcy, insolvency or similar law or law, appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator sequestrator, or other similar official of the Trust Transferor or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the TrustIssuer.
Appears in 1 contract
Samples: Sale and Servicing Agreement (First Investors Financial Services Group Inc)
Nonpetition Covenants. (a) To the fullest extent permitted by applicable law, notwithstanding any prior termination of the Trust or this Agreement, but subject to the provisions of Section 4.5Wilmington Trust Company, the Certificateholder individually or in its capacity as Owner Trustee, shall not, prior to the date which is one (1) year and one (1) day after the termination of this Agreement not at any time with respect to the Trust, acquiesce, petition or otherwise invoke or cause the Trust to invoke the process of any court or government governmental authority for the purpose of commencing or sustaining a case against the Trust under any federal or State state bankruptcy, insolvency or similar law or appointing a receiver, conservator, liquidator, assignee, trustee, custodian, sequestrator or other similar official of the Trust or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the Trust.
(b) ; provided, however, that this Section 10.08 shall not operate to preclude any remedy described in Article V of the Indenture. To the fullest extent permitted by applicable law, notwithstanding any prior termination of the Trust or this Agreement, but subject to the provisions of Section 4.5, Transferor and the Owner Trustee O/C Holder shall not, prior to the date which is one (1) year and one (1) day after the termination of this Agreement, not at any time with respect to the Trust, acquiesce, petition or otherwise invoke or cause the Trust to invoke the process of any court or government governmental authority for the purpose of commencing or sustaining an involuntary a case against the Trust under any federal or State state bankruptcy, insolvency or similar law or appointing a receiver, conservator, liquidator, assignee, trustee, custodian, sequestrator or other similar official of the Trust or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the Trust; provided, however, that this Section 10.08 shall not operate to preclude any remedy described in Article V of the Indenture.
Appears in 1 contract
Samples: Trust Agreement (Compucredit Corp)
Nonpetition Covenants. (a) To the fullest extent permitted by applicable law, notwithstanding Notwithstanding any prior termination of this Agreement, but subject to the provisions of Section 4.5Seller, the Certificateholder Administrator, the Owner Trustee and the Indenture Trustee 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 TrustOwner Trustee, acquiesce, petition join in, encourage or otherwise invoke or cause the Trust Owner Trustee to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Trust Owner Trustee 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 Trust Owner Trustee or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the TrustOwner Trustee.
(b) To the fullest extent permitted by applicable law, notwithstanding Notwithstanding any prior termination of this Agreement, but subject to the provisions of Section 4.5Owner Trustee, the Administrator, the Owner Trustee and the Indenture Trustee shall not, prior to the date which is one (1) year and one (1) day after the termination of this Agreement, Agreement with respect to the TrustSeller, acquiesce, petition join in, encourage or otherwise invoke or cause the Trust Seller to invoke the process of any court or government authority for the purpose of commencing or sustaining an involuntary a case against the Trust Seller 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 Trust or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the Trust.,
Appears in 1 contract
Samples: Administration Agreement (Capital One Auto Receivables LLC)
Nonpetition Covenants. (a) To the fullest extent permitted by applicable law, notwithstanding Notwithstanding any prior termination of this Agreement, but subject to the provisions of Section 4.5Servicer, the Certificateholder Transferor, the Owner Trustee and the Indenture Trustee (in its capacity as Indenture Trustee) 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 TrustIssuer, acquiesce, petition or otherwise invoke or cause the Trust Issuer to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Trust 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 Trust Issuer or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the TrustIssuer.
(b) To the fullest extent permitted by applicable law, notwithstanding Notwithstanding any prior termination of this Agreement, but subject to the provisions of Section 4.5Servicer, the Issuer, the Owner Trustee and the Indenture Trustee shall not, prior to the date which is one (1) year and one (1) day after the termination of this Agreement, Agreement with respect to the TrustTransferor, acquiesce, petition or otherwise invoke or cause the Trust Transferor to invoke the process of any court or government authority for the purpose of commencing or sustaining an involuntary a case against the Trust Transferor 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 Trust Transferor or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the TrustTransferor.
Appears in 1 contract
Samples: Transfer and Servicing Agreement (Metlife Capital Equipment Loan Trusts)
Nonpetition Covenants. (a) To Notwithstanding any prior termination of the Trust or this Agreement, to the fullest extent permitted by applicable law, notwithstanding each of the Owner Trustee and the Beneficiary covenants and agrees that it shall not at any prior termination of this Agreement, but subject to the provisions of Section 4.5, the Certificateholder shall not, prior to the date which is one (1) year and one (1) day after the termination of this Agreement time with respect to the Trust, Trust acquiesce, petition or otherwise invoke or cause the Trust to invoke the process of any court or government authority for the purpose of commencing or sustaining a case against the Trust under any federal Federal or State state bankruptcy, insolvency or similar law or appointing a receiver, conservator, liquidator, assignee, trustee, custodian, sequestrator or other similar official of the Trust or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the Trust; provided, however, that this Section 5.06 shall not preclude any remedy described in Article VII of the Indenture.
(b) To Notwithstanding any prior termination of the Trust or this Agreement, to the fullest extent permitted by applicable law, notwithstanding any prior termination of this Agreement, but subject to the provisions of Section 4.5, the Owner Trustee covenants and agrees that it shall not, prior to the date which is one (1) year and one (1) day after the termination of this Agreement, not at any time with respect to the Trust, Beneficiary acquiesce, petition or otherwise invoke or cause the Trust Beneficiary to invoke the process of any court or government authority for the purpose of commencing or sustaining an involuntary a case against the Trust Beneficiary under any federal Federal or State state bankruptcy, insolvency or similar law or appointing a receiver, conservator, liquidator, assignee, trustee, custodian, sequestrator or other similar official of the Trust or any substantial part of its property, or ordering the winding up or liquidation of the affairs of the Trust; provided, however, that this Section 5.06 shall not preclude any remedy described in Article VII of the Indenture.
Appears in 1 contract