non-petition definition
non-petition. Each of the parties hereto hereby agrees that it shall not institute against the Current Issuer any winding-up, administration, insolvency or similar proceedings for so long as any sum is outstanding under Current Issuer Notes or for two years plus one day since the last day on which any such sum was outstanding provided that the Note Trustee may prove or lodge a claim in the event of a liquidation initiated by any other person.
non-petition provisions set forth in this Indenture), (b) the minimum aggregate Cash purchase price (which shall be determined by the Collateral Manager as the Total Redemption Price less the balance of all Eligible Investments and Cash in the Collection Accounts, the Payment Account, the Delayed -187- Funding Obligations Account, each Hedge Termination Account and the Expense Account; (c) the list of Collateral Debt Securities; (d) a formal bid sheet (which will permit a bidder to bid for all of the Collateral Debt Securities or separately for any one or more (but not all) Collateral Debt Securities and will include a representation from the bidder that it is eligible to purchase all of the Collateral Debt Securities or any any one or more (but not all) Collateral Debt Securities) to be provided to the Trustee by the Collateral Manager; (e) a detailed timetable; and (f) copies of all transfer documents provided to the Trustee by the Collateral Manager (including transfer certificates and subscription agreements which a bidder must execute pursuant to the underlying instruments and a list of the requirements which the bidder must satisfy under the underlying instruments (i.e., Qualified Institutional Buyer status, Qualified Purchaser status, etc.)).
non-petition of the Borrower, the Borrower becomes a debtor in a bankruptcy case by the involuntary petition of any other Person, of the Borrower hereby covenants to contest any such petition to the fullest extent permitted by law. The obligations under this Section 12.15(b) shall survive the termination of this Agreement and the payment of the Obligations.
More Definitions of non-petition
non-petition provisions, (x) which limited recourse provisions provide that the obligations of the Borrower Entities are limited recourse obligations, payable solely from the Collateral in accordance with the terms of this Agreement and the other Transaction Documents and (y) which non-petition provisions provide that, prior to the date that is one year and one day after all Obligations have been paid in full (or, if longer, the applicable preference period under applicable insolvency law), such Person shall not take any action or institute any proceeding against any Borrower Entity under any insolvency law applicable to it or which would be reasonably likely to cause it to be subject to, or seek protection of , any such insolvency law; provided that such Person shall be permitted to become a party to and to participate in any Proceeding or action under any such insolvency law that is initiated by any other Person other than one of its Af f iliates; (12) amend any Transaction Document without the prior written consent of the Requisite Lenders; (13) amend any limited recourse or non-petition provisions of any agreement; (14) acquire any assets or take any action that would require it to register as an “investment company” under the Investment Company Act; (15) enter into any transaction other than on arm’s length terms and at market rates other than as expressly permitted pursuant to this Agreement and the other Transaction Documents; (16) have any Subsidiaries, other than wholly owned Subsidiaries that are (x) other Borrower Entities and (y) Permitted Additional Subsidiaries; (17) enter into any transaction in violation of the Equity Holder Conf licts Policy; or (18) pay distributions on its equity interests other than in accordance with the terms of this Agreement and its Constitutive Documents.
non-petition provisions (i) which limited recourse provisions provide that the obligations of the Borrower are limited recourse obligations, payable solely from assets other than the collateral; and
non-petition provisions, (x) which limited recourse provisions provide that the obligations of the Borrower Entities are limited recourse obligations, payable solely from the Collateral in accordance with the terms of this Agreement and the other Transaction Documents and (y) which non-petition provisions provide that, prior to the date that is one year and one day after all Obligations have been paid in full (or, if longer, the applicable preference period under applicable insolvency law), such Person shall not take any action or institute any proceeding against any Borrower Entity under any insolvency law applicable to it or which would be reasonably likely to cause it to be subject to, or seek protection of , any such insolvency law; provided that such Person shall be permitted to become a party to and to participate in any Proceeding or action under any such insolvency law that is initiated by any other Person other than one of its Af f iliates; (12) amend any Transaction Document without the prior written consent of the Requisite Lenders; (13) amend any limited recourse or non-petition provisions of any agreement; (14) acquire any assets or take any action that would require it to register as an “investment company” under the Investment Company Act; 90
non-petition provisions substantially similar to Section 10.20(b), other than with the consent of the Administrative Agent. Fail at any time to maintain one Independent Manager (as such term is defined in the Organizational Documents); provided that the Borrower shall have ten Business Days to replace any Independent Manager upon the receipt by a Responsible Officer of the Borrower of notice of the death, resignation or incapacity of the current Independent Manager.