Common use of Nonpetition Clause in Contracts

Nonpetition. The Trustee (or any successor trustee, co-trustee or separate trustee) shall not petition or otherwise invoke the process of any 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 respective property, or ordering the winding up or liquidation of the affairs of the Issuer during the period ending one year and one day after satisfaction and discharge of this Indenture; provided, however, that nothing herein shall prohibit the Trustee (or any -------- ------- successor trustee, co-trustee or separate trustee) from filing proofs of claim or otherwise participating in any such proceedings instituted by any other Person. In addition, each Noteholder, by accepting a Note, and the Trustee, by entering into this Indenture, hereby covenants and agrees that no claim may be brought against the Issuer, its directors, officers or shareholders, with respect to any assets collateralizing any other debt obligation of the Issuer.

Nonpetition. The Trustee Secured Party (or any successor trustee, co-trustee or separate trustee) shall not petition or otherwise invoke the process of any 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 respective property, or ordering the winding up or liquidation of the affairs of the Issuer during the period ending one year and one day after satisfaction and discharge of this Indenture; provided, however, that nothing herein shall prohibit the Trustee (or any -------- ------- successor trustee, co-trustee or separate trustee) from filing proofs of claim or otherwise participating in any such proceedings instituted by any other Person. In addition, each Noteholder, by accepting a Note, and the Trustee, by entering into this Indenture, hereby covenants and agrees that no claim may be brought against the Issuer, its directors, officers or shareholders, with respect to any assets collateralizing any other debt obligation of the Issuer.

Nonpetition. The Trustee (or any successor trustee, co-trustee or separate trustee) shall not petition or otherwise invoke the process of any 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 respective property, or ordering the winding up or liquidation of the affairs of the Issuer during the period ending one year and one day after satisfaction and discharge of this Indenture; provided, however, that nothing herein shall prohibit the Trustee (or any -------- ------- successor trustee, co-trustee or separate trustee) from filing proofs of claim or otherwise participating in any such proceedings instituted by any other Person. In addition, each Noteholder, by accepting a Note, and the Trustee, by entering into this Indenture, hereby covenants and agrees that no claim may be brought against the Issuer, its directors, officers or shareholders, with respect to any assets collateralizing any other debt obligation of the Issuer.