Common use of Appointment of Receiver, etc Clause in Contracts

Appointment of Receiver, etc. (i) A court shall enter a decree or order for relief in respect of the Borrower or any of 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 any other similar relief shall be granted and remain unstayed under any applicable federal or state law; or (ii) an involuntary case is commenced against the Borrower or any of the Guarantors 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 Borrower, any of the Guarantors or over all or a substantial part of any of their respective assets and properties, shall have been entered; or an interim receiver, trustee or other custodian of the 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 the Guarantors and the continuance of any such events in this clause (ii) for thirty (30) days unless dismissed, bonded, stayed, vacated or discharged; or

Appears in 4 contracts

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

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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 Borrower Company or any of the Guarantors 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 and remain unstayed under any applicable federal or state or applicable foreign law; or (ii) a petition for an involuntary case is commenced shall be filed against the Borrower Company or any of the Guarantors its Material Subsidiaries 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 Borrower, Company or any of the Guarantors its Material Subsidiaries, or over all or a substantial part substantially all of any of their respective assets and propertiesits property, shall have been entered; or an interim receiver, trustee or other custodian of the Borrower, Company or any of the Guarantors its Material Subsidiaries 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 substantially all of the assets and properties property of the Borrower Company or any of the Guarantors its Material Subsidiaries shall be appointed involuntarily; and the continuance of any such events in this clause (ii) for thirty (30) 45 days unless dismissed, bonded, stayed, vacated bonded or discharged; or

Appears in 4 contracts

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

Appointment of Receiver, etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of the Borrower any Credit Party or any of the Guarantors its 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 any other similar relief shall be granted and remain unstayed under any applicable federal or state law; or (ii) an involuntary case is shall be commenced against the Borrower any Credit Party or any of its Subsidiaries under the Guarantors under any applicable bankruptcy, insolvency Bankruptcy Code or other similar law Debtor Relief Laws 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 Borrower, any Credit Party or any of the Guarantors its Subsidiaries, or over all or a substantial part of any of their respective assets and propertiesits property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Borrower, any Credit Party or any of the Guarantors its Subsidiaries for all or a substantial part of their respective assets and properties is involuntarily appointedits property; or a warrant of attachment, execution or similar process is shall have been issued against any substantial part of the assets and properties property of the Borrower any Credit Party or any of the Guarantors its Subsidiaries, and the continuance of any such events event described in this clause (ii) shall continue for thirty sixty (3060) days unless without having been dismissed, bonded, stayed, vacated 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 shall enter a decree or order for relief in respect of the Borrower or any of the Guarantors 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 any other similar relief shall be granted and remain unstayed under any applicable federal or state law; or (ii) an involuntary case is commenced against the Borrower or any of the Guarantors Guarantor 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 Borrower, any of the Guarantors Guarantor or over all or a substantial part of any of their respective its assets and properties, shall have been entered; or an interim receiver, trustee or other custodian of the Borrower, any of the Guarantors Guarantor for all or a substantial part of their respective its 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 the Guarantors Guarantor and the continuance of any such events in this clause (ii) for thirty (30) days unless dismissed, 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 shall enter a decree or order for relief in respect of the Borrower or any of 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 any other similar relief shall be granted and remain unstayed under any applicable federal or state law; or (ii) an involuntary case is commenced against the Borrower or any of the Guarantors 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 Borrower, any of the Guarantors or over all or a substantial part of any of their respective assets and properties, shall have been entered; or an interim receiver, trustee or other custodian of the 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 the Guarantors and the continuance of any such events in this clause (ii) for thirty (30) days unless dismissed, bonded, stayed, vacated or discharged; or

Appears in 2 contracts

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

Appointment of Receiver, etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of the Borrower Company or any of the Guarantors its 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 any other similar relief shall be granted and remain unstayed under any applicable federal or state law; or (ii) an involuntary case is shall be commenced against the Borrower Company or any of its Subsidiaries under the Guarantors Bankruptcy Code or under any other 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 Borrower, Company or any of the Guarantors its Subsidiaries, or over all or a substantial part of any of their respective assets and propertiesits property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Borrower, Company or any of the Guarantors its Subsidiaries for all or a substantial part of their respective assets and properties is involuntarily appointedits property; or a warrant of attachment, execution or similar process is shall have been issued against any substantial part of the assets and properties property of the Borrower Company or any of the Guarantors its Subsidiaries, and the continuance of any such events event described in this clause (ii) shall continue for thirty sixty (3060) days unless without having been dismissed, bonded, stayed, vacated bonded or discharged; or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Amscan Holdings Inc)

Appointment of Receiver, etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of the Borrower Company or any of the Guarantors its 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 any other similar relief shall be granted and remain unstayed under any applicable federal or state law; or (ii) an involuntary case is shall be commenced against the Borrower Company or any of its Subsidiaries under the Guarantors Bankruptcy Code or under any other 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 Borrower, Company or any of the Guarantors its Subsidiaries, or over all or a substantial part of any of their respective assets and propertiesits property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Borrower, Company or any of the Guarantors its Subsidiaries 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 the Guarantors and the continuance of any such events in this clause (ii) for thirty (30) days unless dismissed, bonded, stayed, vacated or discharged; orCREDIT AND GUARANTY AGREEMENT EXECUTION

Appears in 1 contract

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

Appointment of Receiver, etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of the Borrower an Obligor or any of the Guarantors its 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 any other similar relief shall be granted and remain unstayed under any applicable federal or state law; or (ii) an involuntary case is shall be commenced against the Borrower an Obligor or any of its Subsidiaries under the Guarantors under any applicable bankruptcy, insolvency Bankruptcy Code or other similar law Debtor Relief Laws 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 Borrower, an Obligor or any of the Guarantors its Subsidiaries, or over all or a substantial part of any of their respective assets and propertiesits property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Borrower, an Obligor or any of the Guarantors its Subsidiaries for all or a substantial part of their respective assets and properties is involuntarily appointedits property; or a warrant of attachment, execution or similar process is shall have been issued against any substantial part of the assets and properties property of the Borrower an Obligor or any of the Guarantors its Subsidiaries, and the continuance of any such events event described in this clause (ii) shall continue for thirty sixty (3060) days unless without having been dismissed, bonded, stayed, vacated bonded or discharged; oror (g)

Appears in 1 contract

Samples: Joinder Agreement (Physicians Realty Trust)

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Appointment of Receiver, etc. (i) A court of competent(f) jurisdiction shall enter a decree or order for relief in respect of the Borrower any Credit Party or any of the Guarantors 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 any other similar relief shall be granted and remain unstayed under any applicable federal or state law; or (ii) an involuntary case is shall be commenced against the Borrower any Credit Party or any of their respective Subsidiaries under the Guarantors under any applicable bankruptcy, insolvency Bankruptcy Code or other similar law Debtor Relief Laws 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 Borrower, any Credit Party or any of the Guarantors their respective Subsidiaries, or over all or a substantial part of any of their respective assets and propertiesits property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Borrower, any Credit Party or any of the Guarantors its Subsidiaries for all or a substantial part of their respective assets and properties is involuntarily appointedits property; or a warrant of attachment, execution or similar process is shall have been issued against any substantial part of the assets and properties property of the Borrower any Credit Party or any of the Guarantors its Subsidiaries, and the continuance of any such events event described in this clause (ii) shall continue for thirty (30) sixty days unless without having been dismissed, bonded, stayed, vacated bonded or discharged; oror Voluntary Bankruptcy;

Appears in 1 contract

Samples: Credit Agreement (Ebix Inc)

Appointment of Receiver, etc. (i) A court shall enter a decree or order for relief in respect of the Borrower or any of the Guarantors 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 any other similar relief shall be granted and remain unstayed under any applicable federal or state law; or (ii) an involuntary case is commenced against the Borrower or any of the Guarantors Guarantor 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 Borrower, any of the Guarantors Guarantor or over all or a substantial part of any of their respective its assets and properties, shall have been entered; or an interim receiver, trustee or other custodian of the Borrower, any of Borrower or the Guarantors Guarantor 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 the Guarantors Guarantor and the continuance of any such events in this clause (ii) for thirty (30) days unless dismissed, bonded, stayed, vacated or discharged; or

Appears in 1 contract

Samples: Loan Agreement (Morgan Gary D)

Appointment of Receiver, etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of the Borrower Company or any of the Guarantors its 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 any other similar relief shall be granted and remain unstayed under any applicable federal or state law; or (ii) an involuntary case is shall be commenced against the Borrower Company or any of its Subsidiaries under the Guarantors Bankruptcy Code or under any other 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 Borrower, Company or any of the Guarantors its Subsidiaries, or over all or a substantial part of any of their respective assets and propertiesits property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Borrower, Company or any of the Guarantors its Subsidiaries for all or a substantial part of their respective assets and properties is involuntarily appointedits property; or a warrant of attachment, execution or similar process is shall have been issued against any substantial part of the assets and properties property of the Borrower Company or any of the Guarantors its Subsidiaries, and the continuance of any such events event described in this clause (ii) shall continue for thirty (30) sixty days unless without having been dismissed, bonded, stayed, vacated bonded or discharged; or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Connetics Corp)

Appointment of Receiver, etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of the Borrower Company or any of the Guarantors its 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 any other similar relief shall be granted and remain unstayed under any applicable federal or state law; or (ii) an involuntary case is shall be commenced against the Borrower Company or any of its Subsidiaries under the Guarantors Bankruptcy Code or under any other 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 Borrower, Company or any of the Guarantors its Subsidiaries, or over all or a substantial part of any of their respective assets and propertiesits property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Borrower, Company or any of the Guarantors its Subsidiaries for all or a substantial part of their respective assets and properties is involuntarily appointedits property; or a warrant of attachment, execution or similar process is shall have been issued against any substantial part of the assets and properties property of the Borrower Company or any of the Guarantors its Subsidiaries, and the continuance of any such events event described in this clause (ii) shall continue for thirty sixty (3060) days unless without having been dismissed, bonded, stayed, vacated bonded or discharged; or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Ipc Acquisition Corp)

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