Common use of Appointment of Receiver, etc Clause in Contracts

Appointment of Receiver, etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Company or any of its Material Subsidiaries in an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed, or (ii) any other similar relief shall be granted under any applicable federal or state or applicable foreign law; a petition for an involuntary case shall be filed against the Company or any of its Material Subsidiaries under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company or any of its Material Subsidiaries, or over all or substantially all of its property, shall have been entered; or an interim receiver, trustee or other custodian of the Company or any of its Material Subsidiaries for all or substantially all of the property of the Company or any of its Material Subsidiaries shall be appointed involuntarily; and the continuance of any such events in clause (ii) for 45 days unless dismissed, bonded or discharged; or

Appears in 4 contracts

Samples: Credit Agreement (Mattel Inc /De/), Credit Agreement (Mattel Inc /De/), Credit Agreement (Mattel Inc /De/)

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Appointment of Receiver, etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Company Borrower or any of its Material Subsidiaries the Guarantors in an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed, ; or (ii) any other similar relief shall be granted and remain unstayed under any applicable federal or state or applicable foreign law; a petition for or (ii) an involuntary case shall be filed is commenced against the Company Borrower or any of its Material Subsidiaries the Guarantors under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company or Borrower, any of its Material Subsidiaries, the Guarantors or over all or substantially all a substantial part of its propertyany of their respective assets and properties, shall have been entered; or an interim receiver, trustee or other custodian of the Company Borrower, any of the Guarantors for all or a substantial part of their respective assets and properties is involuntarily appointed; or a warrant of attachment, execution or similar process is issued against any substantial part of the assets and properties of the Borrower or any of its Material Subsidiaries for all or substantially all of the property of the Company or any of its Material Subsidiaries shall be appointed involuntarily; Guarantors and the continuance of any such events in this clause (ii) for 45 thirty (30) days unless dismissed, bonded bonded, stayed, vacated or discharged; or

Appears in 4 contracts

Samples: Loan Agreement (Phone1globalwide Inc), Loan Agreement (Phone1globalwide Inc), Loan Agreement (Phone1globalwide Inc)

Appointment of Receiver, etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of the Company any Credit Party or any of its Material Subsidiaries in an involuntary case under any applicable bankruptcy, insolvency the Bankruptcy Code or other similar law Debtor Relief Laws now or hereafter in effect, which decree or order is not stayed, ; or (ii) any other similar relief shall be granted under any applicable federal or state or applicable foreign law; a petition for or (ii) an involuntary case shall be filed commenced against the Company any Credit Party or any of its Material Subsidiaries under any applicable bankruptcy, insolvency the Bankruptcy Code or other similar law Debtor Relief Laws now or hereafter in effect effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company any Credit Party or any of its Material Subsidiaries, or over all or substantially all a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company any Credit Party or any of its Material Subsidiaries for all or substantially all a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Company any Credit Party or any of its Material Subsidiaries shall be appointed involuntarily; Subsidiaries, and the continuance of any such events event described in this clause (ii) shall continue for 45 sixty (60) days unless without having been dismissed, bonded or discharged; oror (g)

Appears in 3 contracts

Samples: Credit Agreement (Orion Group Holdings Inc), Credit Agreement (Orion Group Holdings Inc), Credit Agreement (Orion Group Holdings Inc)

Appointment of Receiver, etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Company Borrower or any of its Material Subsidiaries the Guarantor in an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed, ; or (ii) any other similar relief shall be granted and remain unstayed under any applicable federal or state or applicable foreign law; a petition for or (ii) an involuntary case shall be filed is commenced against the Company Borrower or any of its Material Subsidiaries the Guarantor under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company or any of its Material SubsidiariesBorrower, the Guarantor or over all or substantially all a substantial part of any of its propertyassets and properties, shall have been entered; or an interim receiver, trustee or other custodian of the Company or any of its Material Subsidiaries Borrower, the Guarantor for all or substantially all a substantial part of its assets and properties is involuntarily appointed; or a warrant of attachment, execution or similar process is issued against any substantial part of the property assets and properties of the Company Borrower or any of its Material Subsidiaries shall be appointed involuntarily; the Guarantor and the continuance of any such events in this clause (ii) for 45 thirty (30) days unless dismissed, bonded bonded, stayed, vacated or discharged; or

Appears in 2 contracts

Samples: Loan Agreement (Phone1globalwide Inc), Loan Agreement (Phone1globalwide Inc)

Appointment of Receiver, etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Company Borrower or any of its Material Subsidiaries the Guarantors in an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed, ; or (ii) any other similar relief shall be granted and remain unstayed under any applicable federal or state or applicable foreign law; a petition for or (ii) an involuntary case shall be filed is commenced against the Company Borrower or any of its Material Subsidiaries the Guarantors under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company or any of its Material SubsidiariesBorrower, the Guarantors or over all or substantially all a substantial part of its propertyany of their assets and properties, shall have been entered; or an interim receiver, trustee or other custodian of the Company or any of its Material Subsidiaries Borrower, the Guarantors for all or substantially all a substantial part of their assets and properties is involuntarily appointed; or a warrant of attachment, execution or similar process is issued against any substantial part of the property assets and properties of the Company Borrower or any of its Material Subsidiaries shall be appointed involuntarily; the Guarantors and the continuance of any such events in this clause (ii) for 45 thirty (30) days unless dismissed, bonded bonded, stayed, vacated or discharged; or

Appears in 2 contracts

Samples: Loan Agreement (Win Gate Equity Group Inc), Loan Agreement (Morgan Gary D)

Appointment of Receiver, etc. (i) A court having of competent(f) jurisdiction in the premises shall enter a decree or order for relief in respect of the Company any Credit Party or any of its Material their respective Subsidiaries in an involuntary case under any applicable bankruptcy, insolvency the Bankruptcy Code or other similar law Debtor Relief Laws now or hereafter in effect, which decree or order is not stayed, ; or (ii) any other similar relief shall be granted under any applicable federal or state or applicable foreign law; a petition for or (ii) an involuntary case shall be filed commenced against the Company any Credit Party or any of its Material their respective Subsidiaries under any applicable bankruptcy, insolvency the Bankruptcy Code or other similar law Debtor Relief Laws now or hereafter in effect effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company any Credit Party or any of its Material their respective Subsidiaries, or over all or substantially all a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company any Credit Party or any of its Material Subsidiaries for all or substantially all a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Company any Credit Party or any of its Material Subsidiaries shall be appointed involuntarily; Subsidiaries, and the continuance of any such events event described in this clause (ii) shall continue for 45 sixty days unless without having been dismissed, bonded or discharged; oror Voluntary Bankruptcy;

Appears in 1 contract

Samples: Credit Agreement (Ebix Inc)

Appointment of Receiver, etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of the Company or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed, ; or (ii) any other similar relief shall be granted under any applicable federal or state or applicable foreign law; a petition for or (ii) an involuntary case shall be filed commenced against the Company or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company or any of its Material Subsidiaries, or over all or substantially all a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company or any of its Material Subsidiaries for all or substantially all a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Company or any of its Material Subsidiaries shall be appointed involuntarily; Subsidiaries, and the continuance of any such events event described in this clause (ii) shall continue for 45 sixty (60) days unless without having been dismissed, bonded or discharged; or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Amscan Holdings Inc)

Appointment of Receiver, etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Company Borrower or any of its Material Subsidiaries the Guarantor in an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed, ; or (ii) any other similar relief shall be granted and remain unstayed under any applicable federal or state or applicable foreign law; a petition for or (ii) an involuntary case shall be filed is commenced against the Company Borrower or any of its Material Subsidiaries the Guarantor under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company or any of its Material SubsidiariesBorrower, the Guarantor or over all or substantially all a substantial part of any of its propertyassets and properties, shall have been entered; or an interim receiver, trustee or other custodian of the Company Borrower or any of its Material Subsidiaries the Guarantor for all or substantially all a substantial part of their assets and properties is involuntarily appointed; or a warrant of attachment, execution or similar process is issued against any substantial part of the property assets and properties of the Company Borrower or any of its Material Subsidiaries shall be appointed involuntarily; the Guarantor and the continuance of any such events in this clause (ii) for 45 thirty (30) days unless dismissed, bonded bonded, stayed, vacated or discharged; or

Appears in 1 contract

Samples: Loan Agreement (Morgan Gary D)

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Appointment of Receiver, etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of the Company or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed, ; or (ii) any other similar relief shall be granted under any applicable federal or state or applicable foreign law; a petition for or (ii) an involuntary case shall be filed commenced against the Company or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company or any of its Material Subsidiaries, or over all or substantially all a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company or any of its Material Subsidiaries for all or substantially all of the property of the Company or any of its Material Subsidiaries shall be appointed involuntarily; and the continuance of any such events in clause (ii) for 45 days unless dismissed, bonded or discharged; ora CREDIT AND GUARANTY AGREEMENT EXECUTION

Appears in 1 contract

Samples: Credit and Guaranty Agreement (International Steel Group Inc)

Appointment of Receiver, etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of the Company or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed, ; or (ii) any other similar relief shall be granted under any applicable federal or state or applicable foreign law; a petition for or (ii) an involuntary case shall be filed commenced against the Company or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company or any of its Material Subsidiaries, or over all or substantially all a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company or any of its Material Subsidiaries for all or substantially all a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Company or any of its Material Subsidiaries shall be appointed involuntarily; Subsidiaries, and the continuance of any such events event described in this clause (ii) shall continue for 45 sixty days unless without having been dismissed, bonded or discharged; or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Connetics Corp)

Appointment of Receiver, etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of the Company or any of its Material 104 Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed, ; or (ii) any other similar relief shall be granted under any applicable federal or state or applicable foreign law; a petition for or (ii) an involuntary case shall be filed commenced against the Company or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company or any of its Material Subsidiaries, or over all or substantially all a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company or any of its Material Subsidiaries for all or substantially all a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Company or any of its Material Subsidiaries shall be appointed involuntarily; Subsidiaries, and the continuance of any such events event described in this clause (ii) shall continue for 45 sixty (60) days unless without having been dismissed, bonded or discharged; or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Ipc Acquisition Corp)

Appointment of Receiver, etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of the Company an Obligor or any of its Material Subsidiaries in an involuntary case under any applicable bankruptcy, insolvency the Bankruptcy Code or other similar law Debtor Relief Laws now or hereafter in effect, which decree or order is not stayed, ; or (ii) any other similar relief shall be granted under any applicable federal or state or applicable foreign law; a petition for or (ii) an involuntary case shall be filed commenced against the Company an Obligor or any of its Material Subsidiaries under any applicable bankruptcy, insolvency the Bankruptcy Code or other similar law Debtor Relief Laws now or hereafter in effect effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company an Obligor or any of its Material Subsidiaries, or over all or substantially all a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company an Obligor or any of its Material Subsidiaries for all or substantially all a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Company an Obligor or any of its Material Subsidiaries shall be appointed involuntarily; Subsidiaries, and the continuance of any such events event described in this clause (ii) shall continue for 45 sixty (60) days unless without having been dismissed, bonded or discharged; oror (g)

Appears in 1 contract

Samples: Joinder Agreement (Physicians Realty Trust)

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