Common use of Agreement Not to Petition Clause in Contracts

Agreement Not to Petition. Each of the Issuer Trustees and the Sponsor agree for the benefit of the Holders that, until at least one year and one day after the Issuer Trust has been terminated in accordance with Article IX, they shall not file, or join in the filing of, a petition against the Issuer Trust under any bankruptcy, insolvency, reorganization or other similar law (including the United States Bankruptcy Code) (collectively, “Bankruptcy Laws”) or otherwise join in the commencement of any proceeding against the Issuer Trust under any Bankruptcy Law. If the Sponsor takes action in violation of this Section 10.8, the Property Trustee agrees, for the benefit of Holders, that at the expense of the Sponsor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Sponsor against the Issuer Trust or the commencement of such action and raise the defense that the Sponsor has agreed in writing not to take such action and should be estopped and precluded therefrom and such other defenses, if any, as counsel for the Issuer Trustees or the Issuer Trust may assert.

Agreement Not to Petition. Each of the Issuer Trustees and the Sponsor Depositor agree for the benefit of the Holders that, until at least one year and one day after the Issuer Trust has been terminated in accordance with Article IX, they shall not file, or join in the filing of, a petition against the Issuer Trust under any bankruptcy, insolvency, reorganization or other similar law (including including, without limitation, the United States Bankruptcy Code) (collectively, “"Bankruptcy Laws”") or otherwise join in the commencement of any proceeding against the Issuer Trust under any Bankruptcy Law. If In the Sponsor event the Depositor takes action in violation of this Section 10.810.9, the Property Trustee agrees, for the benefit of Holders, that at the expense of the SponsorDepositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Sponsor Depositor against the Issuer Trust or the commencement of such action and raise the defense that the Sponsor Depositor has agreed in writing not to take such action and should be estopped stopped and precluded therefrom and such other defenses, if any, as counsel for the Issuer Trustees Trustee or the Issuer Trust may assert. The provisions of this Section 10.9 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each of the Issuer Trustees and the Sponsor agree agrees for the benefit of the Holders Securityholders that, until at least one year and one day after the Issuer Trust has been terminated in accordance with Article IX9, they it shall not file, or join in the filing of, a petition against the Issuer Trust under any bankruptcy, insolvency, reorganization or other similar law (including including, without limitation, the United States Bankruptcy Code) (collectively, “"Bankruptcy Laws”") or otherwise join in the commencement of any proceeding against the Issuer Trust under any Bankruptcy Law. If In the event the Sponsor takes action in violation of this Section 10.810.9, the Property Trustee agrees, for the benefit of HoldersSecurityholders, that that, at the expense of the Sponsor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Sponsor against the Issuer Trust or the commencement of such action and raise the defense that the Sponsor has agreed in writing not to take such action and should be estopped stopped and precluded therefrom and such other defenses, if any, as counsel for the Issuer Trustees Trustee or the Issuer Trust may assert. The provisions of this Section 10.9 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each of the Issuer Trustees and the Sponsor agree for the benefit of the Holders Securityholders that, until at least one year and one day after the Issuer Trust has been terminated in accordance with Article IX, they shall not file, or join in the filing of, a petition against the Issuer Trust under any bankruptcy, insolvency, reorganization or other similar law (including including, without limitation, the United States Bankruptcy Code) (collectively, “"Bankruptcy Laws”") or otherwise join in the commencement of any proceeding against the Issuer Trust under any Bankruptcy Law. If In the event the Sponsor takes action in violation of this Section 10.810.9, the Property Trustee agrees, for the benefit of HoldersSecurityholders, that at the expense of the Sponsor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Sponsor against the Issuer Trust or the commencement of such action and raise the defense that the Sponsor has agreed in writing not to take such action and should be estopped stopped and precluded therefrom and such other defenses, if any, as counsel for the Issuer Trustees Trustee or the Issuer Trust may assert. The provisions of this Section 10.9 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each of the Issuer Trustees and the Sponsor agree for the benefit of the Holders that, until at least one year and one day after the Issuer Trust has been terminated in accordance with Article IX, they shall not file, or join in the filing of, a petition against the Issuer Trust under any bankruptcy, insolvency, reorganization or other similar law (including including, without limitation, the United States Bankruptcy Code) (collectively, “Bankruptcy Laws”) or otherwise join in the commencement of any proceeding against the Issuer Trust under any Bankruptcy Law. If In the event the Sponsor takes action in violation of this Section 10.811.9, the Property Trustee agrees, for the benefit of Holders, that at the expense of the Sponsor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Sponsor against the Issuer Trust or the commencement of such action and raise the defense that the Sponsor has agreed in writing not to take such action and should be estopped stopped and precluded therefrom and such other defenses, if any, as counsel for the Issuer Trustees Trustee or the Issuer Trust may assert. The provisions of this Section 11.9 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each of the Issuer Trustees and the Sponsor agree for the benefit of the Holders that, until at least one year and one day after the Issuer Trust has been terminated in accordance with Article IX, they shall not file, or join in the filing of, a petition against the Issuer Trust under any bankruptcy, insolvency, reorganization or other similar law (including the United States Bankruptcy Code) (collectively, “Bankruptcy Laws”) or otherwise join in the commencement of any proceeding against the Issuer Trust under any Bankruptcy Law. If the Sponsor takes action in violation of this Section 10.810.9, the Property Trustee agrees, for the benefit of Holders, that at the expense of the Sponsor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Sponsor against the Issuer Trust or the commencement of such action and raise the defense that the Sponsor has agreed in writing not to take such action and should be estopped and precluded therefrom and such other defenses, if any, as counsel for the Issuer Trustees or the Issuer Trust may assert. The provisions of this Section 10.9 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each of the Issuer Trustees and the Sponsor Depositor agree for the benefit of the Holders that, until at least one year and one day after the Issuer Trust has been terminated in accordance with Article IX, they shall not file, or join in the filing of, a petition against the Issuer Trust under any bankruptcy, insolvency, reorganization or other similar law (including the United States Bankruptcy Code) (collectively, “Bankruptcy Laws”) or otherwise join in the commencement of any proceeding against the Issuer Trust under any Bankruptcy Law. If the Sponsor Depositor takes action in violation of this Section 10.810.10, the Property Trustee agrees, for the benefit of Holders, that at the expense of the SponsorDepositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Sponsor Depositor against the Issuer Trust or the commencement of such action and raise the defense that the Sponsor Depositor has agreed in writing not to take such action and should be estopped and precluded therefrom and such other defenses, if any, as counsel for the Issuer Trustees Property Trustee or the Issuer Trust may assert.

Agreement Not to Petition. Each of the Issuer Trustees and the Sponsor agree for the benefit of the Holders that, until at least one year and one day after the Issuer Trust has been terminated dissolved in accordance with Article IX, they shall not file, or join in the filing of, a petition against the Issuer Trust under any bankruptcy, insolvency, reorganization or other similar law (including the United States TRUST AGREEMENT Bankruptcy Code) (collectively, “Bankruptcy Laws”) or otherwise join in the commencement of any proceeding against the Issuer Trust under any Bankruptcy Law. If the Sponsor takes action in violation of this Section 10.811.9, the Property Trustee agrees, for the benefit of Holders, that at the expense of the Sponsor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Sponsor against the Issuer Trust or the commencement of such action and raise the defense that the Sponsor has agreed in writing not to take such action and should be estopped stopped and precluded therefrom and such other defenses, if any, as counsel for the Issuer Trustees Trustee or the Issuer Trust may assert.

Agreement Not to Petition. Each of the Issuer Trustees Trustees, the Administrators, and the Sponsor agree for the benefit of the Holders that, until at least one year and one day after the Issuer Trust has been terminated dissolved in accordance with Article IX9, they shall not file, or join in the filing of, a petition against the Issuer Trust under any bankruptcy, insolvency, reorganization reorganization, or other similar law (including the United States Bankruptcy Code) (collectively, “Bankruptcy Laws”) ), or otherwise join in the commencement of any proceeding against the Issuer Trust under any Bankruptcy Law. If the Sponsor takes action in violation of this Section 10.810.9, the Property Trustee agrees, for the benefit of Holders, that that, at the expense of the Sponsor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such that petition by the Sponsor against the Issuer Trust or the commencement of such that action and raise the defense that the Sponsor has agreed in writing not to take such that action and should be estopped stopped and precluded therefrom and such those other defenses, if any, as counsel for the Issuer Trustees Property Trustee or the Issuer Trust may assert.

Agreement Not to Petition. Each of the Issuer Trustees and the Sponsor Depositor agree for the benefit of the Holders that, until at least one year and one day after the Issuer Trust has been terminated in accordance with Article IX, they shall not file, or join in the filing of, a petition against the Issuer Trust under any bankruptcy, insolvency, reorganization or other similar law (including including, without limitation, the United States Bankruptcy 57 Code) (collectively, “"Bankruptcy Laws”") or otherwise join in the commencement of any proceeding against the Issuer Trust under any Bankruptcy Law. If In the Sponsor event the Depositor takes action in violation of this Section 10.810.9, the Property Trustee agrees, for the benefit of Holders, that at the expense of the SponsorDepositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Sponsor Depositor against the Issuer Trust or the commencement of such action and raise the defense that the Sponsor Depositor has agreed in writing not to take such action and should be estopped stopped and precluded therefrom and such other defenses, if any, as counsel for the Issuer Trustees Trustee or the Issuer Trust may assert. The provisions of this Section 10.9 shall survive the termination of this Trust Agreement.

Agreement Not to Petition. Each of the Issuer Trustees and the Sponsor agree agrees for the benefit of the Holders Securityholders that, until at least one year and one day after the Issuer Trust has been terminated in accordance with Article IX9, they it shall not file, or join in the filing of, a petition against the Issuer Trust under any bankruptcy, reorganization, arrangement, insolvency, reorganization liquidation or other similar law (including including, without limitation, the United States Bankruptcy Code) (collectively, “"Bankruptcy Laws”") or otherwise join in the commencement of any proceeding against the Issuer Trust under any Bankruptcy Law. If In the event the Sponsor takes action in violation of this Section 10.810.09, the Property Trustee agrees, for the benefit of HoldersSecurityholders, that at the expense of the Sponsor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Sponsor against the Issuer Trust or the commencement of such action and raise the defense that the Sponsor has agreed in writing not to take such action and should be estopped stopped and precluded therefrom and such other defenses, if any, as counsel for the Issuer Trustees or the Issuer Trust may assert. The provisions of this Section 10.09 shall survive the termination of this Amended and Restated Declaration of Trust.

Agreement Not to Petition. Each of the Issuer Trustees and the Sponsor agree for the benefit of the Holders that, until at least one year and one day after the Issuer Trust has been terminated in accordance with Article IX, they shall not file, or join in the filing of, a petition against the Issuer Trust under any bankruptcy, insolvency, reorganization or other similar law (including the United States Bankruptcy Code) (collectively, “Bankruptcy Laws”) or otherwise join in the commencement of any proceeding against the Issuer Trust under any Bankruptcy Law. If the Sponsor takes action in violation of this Section 10.810.9, the Property Trustee agrees, for the benefit of Holders, that at the expense of the Sponsor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Sponsor against the Issuer Trust or the commencement of such action and raise the defense that the Sponsor has agreed in writing not to take such action and should be estopped and precluded therefrom and such other defenses, if any, as counsel for the Issuer Trustees or the Issuer Trust may assert.

Agreement Not to Petition. Each of the Issuer Trustees and the Sponsor Depositor agree for the benefit of the Holders that, until at least one year and one day after the Issuer Trust has been terminated in accordance with Article IX, they shall not file, or join in the filing of, a petition against the Issuer Trust under any bankruptcy, insolvency, reorganization or other similar law (including including, without limitation, the United States Bankruptcy Code) (collectively, “"Bankruptcy Laws”") or otherwise join in the commencement of any proceeding against the Issuer Trust under any Bankruptcy Law. If In the Sponsor event the Depositor takes action in violation of this Section 10.810.9, the Property Trustee agrees, for the benefit of Holders, that at the expense of the SponsorDepositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Sponsor Depositor against the Issuer Trust or the commencement of such action and raise the defense that the Sponsor Depositor has agreed in writing not to take such action and should be estopped stopped and precluded therefrom and such other defenses, if any, as counsel for the Issuer Trustees Trustee or the Issuer Trust may assert. The provisions of this Section 10.9 shall survive the termination of this Declaration.

Agreement Not to Petition. Each of the Issuer Trustees and the Sponsor Depositor agree for the benefit of the Holders that, until at least one year and one day after the Issuer Trust has been terminated dissolved in accordance with Article IX9, they shall not file, or join in the filing of, a petition against the Issuer Trust under any bankruptcy, insolvency, reorganization or other similar law (including the United States Bankruptcy Code) (collectively, “"Bankruptcy Laws”") or otherwise join in the commencement of any proceeding against the Issuer Trust under any Bankruptcy Law. If the Sponsor Depositor takes action in violation of this Section 10.810.9, the Property Trustee agrees, for the benefit of Holders, that at the expense of the SponsorDepositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Sponsor Depositor against the Issuer Trust or the commencement of such action and raise the defense that the Sponsor Depositor has agreed in writing not to take such action and should be estopped stopped and precluded therefrom and such other defenses, if any, as counsel for the Issuer Trustees Trustee or the Issuer Trust may assert.

Agreement Not to Petition. Each of the Issuer Trustees and the Sponsor Depositor agree for the benefit of the Holders Securityholders that, until at least one year and one day after the Issuer Trust has been terminated in accordance with Article IX, they shall not file, or join in the filing of, a petition against the Issuer Trust under any bankruptcy, insolvency, reorganization or other similar law (including including, without limitation, the United States Bankruptcy Code) (collectively, “"Bankruptcy Laws”") or otherwise join in the commencement of any proceeding against the Issuer Trust under any Bankruptcy LawLaws. If In the Sponsor event the Depositor takes action in violation of this Section 10.810.10, the Property Trustee agrees, for the benefit of HoldersSecurityholders, that at the expense of the SponsorDepositor, it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Sponsor Depositor against the Issuer Trust or the commencement of such action and raise the defense that the Sponsor Depositor has agreed in writing not to take such action and should be estopped and precluded therefrom and such other defenses, if any, as counsel for the Issuer Trustees Trustee or the Issuer Trust may assert.. The provisions of this

Agreement Not to Petition. Each of the Issuer Trustees and the Sponsor Depositor agree for the benefit of the Holders Securityholders that, until at least one year and one day after the Issuer Trust has been terminated in accordance with Article IXSection 9, they shall not file, or join in the filing of, a petition against the Issuer Trust under any bankruptcy, insolvency, reorganization or other similar law (including including, without limitation, the United States Bankruptcy Code) (collectively, “"Bankruptcy Laws”") or otherwise join in the commencement of any proceeding against the Issuer Trust under any Bankruptcy Law. If In the Sponsor event the Depositor takes action in violation of this Section 10.810.9, the Property Trustee agrees, for the benefit of HoldersSecurityholders, that at the expense of the SponsorDepositor (which expense shall be paid prior to the filing), it shall file an answer with the bankruptcy court or otherwise properly contest the filing of such petition by the Sponsor Depositor against the Issuer Trust or the commencement of such action and raise the defense that the Sponsor Depositor has agreed in writing not to take such action and should be estopped stopped and precluded therefrom and such other defenses, if any, as counsel for therefrom. The provisions of this Section 10.9 shall survive the Issuer Trustees or the Issuer termination of this Trust may assertAgreement.