Common use of Affiliate Bankruptcy Clause in Contracts

Affiliate Bankruptcy. Any Subsidiary of any Borrower or any Guarantor, shall (a) apply for, consent to or suffer the appointment of, or the taking of possession by, a receiver, custodian, trustee, liquidator or similar fiduciary of itself or of all or a substantial part of its property, (b) admit in writing its inability, or be generally unable, to pay its debts as they become due or cease operations of its present business, (c) make a general assignment for the benefit of creditors, (d) commence a voluntary case under any state or federal bankruptcy laws (as now or hereafter in effect), (e) be adjudicated a bankrupt or insolvent, (f) file a petition seeking to take advantage of any other law providing for the relief of debtors, (g) acquiesce to, or fail to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (h) take any action for the purpose of effecting any of the foregoing;

Affiliate Bankruptcy. Any Affiliate or any Subsidiary of any Borrower Borrower, or any Guarantor, shall (ai) apply for, consent to or suffer the appointment of, or the taking of possession by, a receiver, custodian, trustee, liquidator or similar fiduciary of itself or of all or a substantial part of its property, (bii) admit in writing its inability, or be generally unable, to pay its debts as they become due or cease operations of its present business, (ciii) make a general assignment for the benefit of creditors, (div) commence a voluntary case under any state or federal bankruptcy laws (as now or hereafter in effect), (ev) be adjudicated a bankrupt or insolvent, (fvi) file a petition seeking to take advantage of any other law providing for the relief of debtors, (gvii) acquiesce to, or fail to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (hviii) take any action for the purpose of effecting any of the foregoing;

Affiliate Bankruptcy. Any Affiliate or any Subsidiary of any Borrower Borrower, or any Guarantor, shall (ai) apply for, consent to or suffer the appointment of, or the taking of possession by, a receiver, custodian, trustee, liquidator or similar fiduciary of itself or of all or a substantial part of its property, (bii) admit in writing its inability, or be generally unable, to pay its debts as they become due or cease operations of its present business, (ciii) make a general assignment for the benefit of creditors, (div) commence a voluntary case under any state or federal bankruptcy laws (as now or hereafter in effect), (ev) be adjudicated a bankrupt or insolvent, (fvi) file a petition seeking to take advantage of any other law providing for the relief of debtors, (gvii) acquiesce to, or fail to have dismissed, within thirty sixty (3060) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (hviii) take any action for the purpose of effecting any of the foregoing;

Affiliate Bankruptcy. Any Subsidiary of any Borrower or any Guarantor, shall (ai) apply for, consent to or suffer the appointment of, or the taking of possession by, a receiver, custodian, trustee, liquidator or similar fiduciary of itself or of all or a substantial part of its property, (bii) admit in writing its inability, or be generally unable, to pay its debts as they become due or cease operations of its present business, (ciii) make a general assignment for the benefit of creditors, (div) commence a voluntary case under any state or federal bankruptcy laws (as now or hereafter in effect), (ev) be adjudicated a bankrupt or insolvent, (fvi) file a petition seeking to take advantage of any other law providing for the relief of debtors, (gvii) acquiesce to, or fail to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (hviii) take any action for the purpose of effecting any of the foregoing;

Affiliate Bankruptcy. Any Affiliate or any Subsidiary of any Borrower Borrower, or any Guarantor, shall (ai) apply for, consent to or suffer the appointment of, or the taking of possession by, a receiver, custodian, trustee, liquidator or similar fiduciary of itself or of all or a substantial part of its property, (bii) admit in writing its inability, or be generally unable, to pay its debts as they become due or cease operations of its present business, (ciii) make a general assignment for the benefit of creditors, (div) commence a voluntary case under any state or federal bankruptcy laws (as now or hereafter in effect), (ev) be adjudicated a bankrupt or insolvent, (fvi) file a petition seeking to take advantage of any other law providing for the relief of debtors, (gvii) acquiesce to, or fail to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (hviii) take any action for the purpose of effecting any of the foregoing;

Affiliate Bankruptcy. Any Affiliate or any Subsidiary of any Borrower or any Guarantor, shall (ai) apply for, consent to or suffer the appointment of, or the taking of possession by, a receiver, custodian, trustee, liquidator or similar fiduciary of itself or of all or a substantial part of its property, (bii) admit in writing its inability, or be generally unable, to pay its debts as they become due or cease operations of its present business, (ciii) make a general assignment for the benefit of creditors, (div) commence a voluntary case under any state or federal bankruptcy laws (as now or hereafter in effect), (ev) be adjudicated a bankrupt or insolvent, (fvi) file a petition seeking to take advantage of any other law providing for the relief of debtors, (gvii) acquiesce to, or fail to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (hviii) take any action for the purpose of effecting any of the foregoing;.” (p) Section 10.10 of the Credit Agreement is hereby amended and restated to read in full as follows:

Affiliate Bankruptcy. Any Affiliate or any Subsidiary of any Borrower or any GuarantorLoan Party, shall (ai) apply for, consent to or suffer the appointment of, or the taking of possession by, a receiver, custodian, trustee, liquidator or similar fiduciary of itself or of all or a substantial part of its property, (bii) admit in writing its inability, or be generally unable, to pay its debts as they become due or cease operations of its present business, (ciii) make a general assignment for the benefit of creditors, (div) commence a voluntary case under any state or federal bankruptcy laws (as now or hereafter in effect), (ev) be adjudicated a bankrupt or insolvent, (fvi) file a petition seeking to take advantage of any other law providing for the relief of debtors, (gvii) acquiesce to, or fail to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (hviii) take any action for the purpose of effecting any of the foregoing;

Affiliate Bankruptcy. Any Affiliate or any Subsidiary of any Borrower or any GuarantorBorrower, shall (ai) apply for, consent to or suffer the appointment of, or the taking of possession by, a receiver, custodian, trustee, liquidator or similar fiduciary of itself or of all or a substantial part of its property, (bii) admit in writing its inability, or be generally unable, to pay its debts as they become due or cease operations of its present business, (ciii) make a general assignment for the benefit of creditors, (div) commence a voluntary case under any state or federal bankruptcy laws (as now or hereafter in effect), (ev) be adjudicated a bankrupt or insolvent, (fvi) file a petition seeking to take advantage of any other law providing for the relief of debtors, (gvii) acquiesce to, or fail to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (hviii) take any action for the purpose of effecting any of the foregoing;

Affiliate Bankruptcy. Any Affiliate or any Subsidiary of any Borrower or any Guarantor, shall (ai) apply for, consent to or suffer the appointment of, or the taking of possession by, a receiver, custodian, trustee, liquidator or similar fiduciary of itself or of all or a substantial part of its property, (bii) admit in writing its inability, or be generally unable, to pay its debts as they become due or cease operations of its present business, (ciii) make a general assignment for the benefit of creditors, (div) commence a voluntary case under any state or federal bankruptcy laws (as now or hereafter in effect), (ev) be adjudicated a bankrupt or insolvent, (fvi) file a petition seeking to take advantage of any other law providing for the relief of debtors, (gvii) acquiesce to, or fail to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (hviii) take any action for the purpose of effecting any of the foregoing;

Affiliate Bankruptcy. Any Affiliate or any Subsidiary of any Borrower or any Guarantor, Loan Party shall (ai) apply for, consent to or suffer the appointment of, or the taking of possession by, a receiver, custodian, trustee, liquidator or similar fiduciary of itself or of all or a substantial part of its property, (bii) admit in writing its inability, or be generally unable, to pay its debts as they become due or cease operations of its present business, (ciii) make a general assignment for the benefit of creditors, (div) commence a voluntary case under any state or federal bankruptcy laws (as now or hereafter in effect), (ev) be adjudicated a bankrupt or insolvent, (fvi) file a petition seeking to take advantage of any other law providing for the relief of debtors, (gvii) acquiesce to, or fail to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (hviii) take any action for the purpose of effecting any of the foregoing;

Affiliate Bankruptcy. Any Affiliate or any Subsidiary of any Borrower or any Guarantor, shall (ai) apply for, consent to or suffer the appointment of, or the taking of possession by, a receiver, custodian, trustee, liquidator or similar fiduciary of itself or of all or a substantial part of its property, (bii) admit in writing its inability, or be generally unable, to pay its debts as they become due or cease operations of its present business, (ciii) make a general assignment for the benefit of creditors, (div) commence a voluntary case under any state or federal bankruptcy laws (as now or hereafter in effect), (ev) be adjudicated a bankrupt or insolvent, (fvi) file a petition seeking to take advantage of any other law providing for the relief of debtors, (gvii) acquiesce to, or fail to have dismissed, within thirty (30) 60 days, any petition filed against it in any involuntary case under such bankruptcy laws, or (hviii) take any action for the purpose of effecting any of the foregoing;

Affiliate Bankruptcy. Any Affiliate or any Subsidiary of any Borrower or any Guarantor, shall (ai) apply for, consent to or suffer the appointment of, or the taking of possession by, a receiver, custodian, trustee, liquidator or similar fiduciary of itself or of all or a substantial part of its property, (bii) admit in writing its inability, or be generally unable, to pay its debts as they become due or cease operations of its present business, (ciii) make a general assignment for the benefit of creditors, (div) commence a voluntary case under any state or federal bankruptcy laws (as now or hereafter in effect), (ev) be adjudicated a bankrupt or insolvent, (fvi) file a petition seeking to take advantage of any other law providing for the relief of debtors, (gvii) acquiesce to, or fail to have dismissed, within thirty forty-five (3045) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (hviii) take any action for the purpose of effecting any of the foregoing;.

Affiliate Bankruptcy. Any Subsidiary of any Borrower Borrower, or any Guarantor, shall (ai) apply for, consent to or suffer the appointment of, or the taking of possession by, a receiver, custodian, trustee, liquidator or similar fiduciary of itself or of all or a substantial part of its property, (bii) admit in writing its inability, or be generally unable, to pay its debts as they become due or cease operations of its present business, (ciii) make a general assignment for the benefit of creditors, (div) commence a voluntary case under any state or federal bankruptcy laws (as now or hereafter in effect), (ev) be adjudicated a bankrupt or insolvent, (fvi) file a petition seeking to take advantage of any other law providing for the relief of debtors, (gvii) acquiesce to, or fail to have dismissed, within thirty sixty (3060) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (hviii) take any action for the purpose of effecting any of the foregoing;

Affiliate Bankruptcy. Any Subsidiary of any Borrower or any Guarantor, shall (ai) apply for, consent to or suffer the appointment of, or the taking of possession by, a receiver, custodian, trustee, liquidator or similar fiduciary of itself or of all or a substantial part of its property, (bii) admit in writing its inability, or be generally unable, to pay its debts as they become due or cease operations of its present business, (ciii) make a general assignment for the benefit of creditors, (div) commence a voluntary case under any state or federal bankruptcy laws (as now or hereafter in effect), (ev) be adjudicated a bankrupt or insolvent, (fvi) file a petition seeking to take advantage of any other law providing for the relief of debtors, (gvii) acquiesce to, or fail to have dismissed, within thirty sixty (3060) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (hviii) take any action for the purpose of effecting any of the foregoing;

Affiliate Bankruptcy. Any Subsidiary of any Borrower Holdings, or any Guarantor, shall (ai) apply for, consent to or suffer the appointment of, or the taking of possession by, a receiver, custodian, trustee, liquidator or similar fiduciary of itself or of all or a substantial part of its property, (bii) admit in writing its inability, or be generally unable, to pay its debts as they become due or cease operations of its present business, (ciii) make a general assignment for the benefit of creditors, (div) commence a voluntary case under any state or federal bankruptcy laws (as now or hereafter in effect), (ev) be adjudicated a bankrupt or insolvent, (fvi) file a petition seeking to take advantage of any other law providing for the relief of debtors, (gvii) acquiesce to, or fail to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (hviii) take any action for the purpose of effecting any of the foregoing;

Affiliate Bankruptcy. Any Affiliate or any Subsidiary of any Borrower or any GuarantorBorrower, shall (ai) apply for, consent to or suffer the appointment of, or the taking of possession by, a receiver, custodian, trustee, liquidator or similar fiduciary of itself or of all or a substantial part of its property, (bii) admit in writing its inability, or be generally unable, to pay its debts as they become due or cease operations of its present business, (ciii) make a general assignment for the benefit of creditors, (div) commence a voluntary case under any state or federal bankruptcy laws (as now or hereafter in effect), (ev) be adjudicated a bankrupt or insolvent, (fvi) file a petition seeking to take advantage of any other law providing for the relief of debtors, (gvii) acquiesce to, or fail to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (hviii) take any action for the purpose of effecting any of the foregoing;

Affiliate Bankruptcy. Any Affiliate or any Subsidiary of any Borrower or any Guarantor, shall (ai) apply for, consent to or suffer the appointment of, or the taking of possession by, a receiver, custodian, trustee, liquidator or similar fiduciary of itself or of all or a substantial part of its property, (bii) admit in writing its inability, or be generally unable, to pay its debts as they become due or cease operations of its present business, (ciii) make a general assignment for the benefit of creditors, (div) commence a voluntary case under any state or federal bankruptcy laws (as now or hereafter in effect), (ev) be adjudicated a bankrupt or insolvent, (fvi) file a petition seeking to take advantage of any other law providing for the relief of debtors, (gvii) acquiesce to, or fail to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (hviii) take any action for the purpose of effecting any of the foregoing;