Common use of Appointment of Trustee or Examiner; Liquidation Clause in Contracts

Appointment of Trustee or Examiner; Liquidation. No order has been entered in any Chapter 11 Case (i) for the appointment of a Chapter 11 trustee, (ii) for the appointment of an examiner with enlarged powers (beyond those set forth in Sections 1106(a)(3) and (4) of the Bankruptcy Code) under Section 1106(b) of the Bankruptcy Code or (iii) to convert any Chapter 11 Case to a Chapter 7 case or to dismiss any Chapter 11 Case.

Appears in 8 contracts

Samples: Financing Agreement (Oglebay Norton Co /Ohio/), Loan and Security Agreement (Hancock Fabrics Inc), Guaranty Agreement (Dura Automotive Systems Inc)

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Appointment of Trustee or Examiner; Liquidation. No order has been entered in any Chapter 11 Case (i) for the appointment of a Chapter 11 trustee, (ii) for the appointment of an examiner with enlarged powers (beyond those set forth in Sections 1106(a)(3) and (4) of the Bankruptcy Code) under Section 1106(b) of the Bankruptcy Code or (iii) to convert any Chapter 11 Case to a case under Chapter 7 case of the Bankruptcy Code or to dismiss any Chapter 11 Case.

Appears in 3 contracts

Samples: Possession Credit Agreement (Aralez Pharmaceuticals Inc.), Credit Agreement (Adeptus Health Inc.), www.sec.gov

Appointment of Trustee or Examiner; Liquidation. No order has been entered in any Chapter 11 Case (ia) for the appointment of a Chapter 11 trustee, (iib) for the appointment of an examiner with enlarged powers (beyond those set forth in Sections 1106(a)(3) and (4) of the Bankruptcy Code) under Section 1106(b) of the Bankruptcy Code or (iiic) to convert any Chapter 11 Case to a Chapter 7 case or to dismiss any Chapter 11 Case.

Appears in 3 contracts

Samples: Financing Agreement (Global Geophysical Services Inc), Settlement Agreement, Dip Credit Agreement (Storm Cat Energy CORP)

Appointment of Trustee or Examiner; Liquidation. No order has been entered in any Chapter 11 Case of the Cases (i) for the appointment of a Chapter 11 trustee, (ii) for the appointment of an a responsible officer or examiner with enlarged (other than a fee examiner) having expanded powers (beyond those set forth in under Sections 1106(a)(3) and (4) of the Bankruptcy Code) under Section 1106(b) section 1104 of the Bankruptcy Code or (iii) to convert any Chapter 11 Case of the Cases to a case under Chapter 7 case of the Bankruptcy Code or to dismiss any Chapter 11 Caseof the Cases.

Appears in 2 contracts

Samples: Possession Credit Agreement (Sunedison, Inc.), Possession Credit Agreement (Sunedison, Inc.)

Appointment of Trustee or Examiner; Liquidation. No order has been entered or is pending in any the Chapter 11 Case (i) for the appointment of a Chapter 11 trustee, (ii) for the appointment of an examiner with enlarged powers (beyond those set forth in Sections 1106(a)(3) and (4) of the Bankruptcy Code) under Section Sections 1104(d) and 1106(b) of the Bankruptcy Code or (iii) to convert any the Chapter 11 Case to a Chapter 7 case or to dismiss any the Chapter 11 Case.

Appears in 2 contracts

Samples: Loan Agreement (Ener1 Inc), Anchor Glass Container (Anchor Glass Container Corp /New)

Appointment of Trustee or Examiner; Liquidation. No order has shall have been entered or shall be pending in any of the Chapter 11 Case Cases (i) for the appointment of a Chapter 11 trustee, (ii) for the appointment of an examiner with enlarged powers (beyond those set forth in under Sections 1106(a)(31104(d) and (4) of the Bankruptcy Code) under Section 1106(b) of the Bankruptcy Code or (iii) to convert any the Chapter 11 Case Cases to a Chapter 7 case or Chapter 7 cases or to dismiss any of the Chapter 11 CaseCases.

Appears in 2 contracts

Samples: Credit Agreement (Portola Packaging Inc), Petition Credit Agreement (Portola Packaging Inc)

Appointment of Trustee or Examiner; Liquidation. No order has been entered in any the Chapter 11 Case Cases (i) for the appointment of a Chapter 11 trustee, (ii) for the appointment of a responsible officer or an examiner with enlarged powers (beyond those set forth in Sections 1106(a)(3) and (4) of the Bankruptcy Code) under Section 1106(b) of the Bankruptcy Code Code, or (iii) to convert any Chapter 11 Case to a case under Chapter 7 case of the Bankruptcy Code or to dismiss any Chapter 11 Case.

Appears in 1 contract

Samples: Credit Agreement

Appointment of Trustee or Examiner; Liquidation. No order has been entered in any Chapter 11 Case (i) for the appointment of a Chapter chapter 11 trustee, (ii) for the appointment of an examiner with enlarged powers (beyond those set forth in Sections Section 1106(a)(3) and (4) of the Bankruptcy Code) under Section 1106(b) of the Bankruptcy Code or (iii) to convert any all of the Chapter 11 Case Cases to a Chapter 7 case or to dismiss any Chapter 11 CaseCases.

Appears in 1 contract

Samples: Credit and Term Loan Agreement (American Architectural Products Corp)

Appointment of Trustee or Examiner; Liquidation. No order has been entered in any Chapter 11 Case (i) for the appointment of a Chapter chapter 11 trustee, (ii) for the appointment of an examiner with enlarged powers (beyond those set forth in Sections 1106(a)(3) and (4) of the Bankruptcy Code) under Section 1106(b) of the Bankruptcy Code or (iii) to convert any Chapter 11 Case to a Chapter chapter 7 case or to dismiss any Chapter 11 Case.

Appears in 1 contract

Samples: Financing Agreement (LTV Corp)

Appointment of Trustee or Examiner; Liquidation. No order has been entered in any the Chapter 11 Case Cases (i) for the appointment of a Chapter chapter 11 trustee, (iii) for the appointment of an examiner with enlarged powers (beyond those set forth in Sections 1106(a)(3) and (4) of the Bankruptcy Code) under Section 1106(b) of the Bankruptcy Code or (iii) to convert any the Chapter 11 Case Cases to a Chapter chapter 7 case or to dismiss any the Chapter 11 CaseCases.

Appears in 1 contract

Samples: Contingent Warrant Agreement (Advanced Lighting Technologies Inc)

Appointment of Trustee or Examiner; Liquidation. No order has been entered in any of the Chapter 11 Case Cases (ia) for the appointment of a Chapter 11 trustee, (iib) for the appointment of an a responsible officer or examiner with enlarged (other than a fee examiner) having expanded powers (beyond those set forth in Sections under sections 1106(a)(3) and (4) of the Bankruptcy Code) under Section 1106(b) section 1104 of the Bankruptcy Code or (iiic) to convert any of the Chapter 11 Case Cases to a case under Chapter 7 case of the Bankruptcy Code or to dismiss any of the Chapter 11 CaseCases.

Appears in 1 contract

Samples: Borrowing Agreement (Sears Holdings Corp)

Appointment of Trustee or Examiner; Liquidation. No order has been entered in any the Chapter 11 Case (i) for the appointment of a Chapter 11 trustee, (ii) for the appointment of an examiner with enlarged powers (beyond those set forth in Sections 1106(a)(3) and (4) of the Bankruptcy Code) under Section 1106(b) of the Bankruptcy Code or (iii) to convert any the Chapter 11 Case to a Chapter 7 case or to dismiss any the Chapter 11 Case.

Appears in 1 contract

Samples: Loan and Security Agreement (U Haul International Inc)

Appointment of Trustee or Examiner; Liquidation. No order has been ----------------------------------------------- entered in any this Chapter 11 Case (i) for the appointment of a Chapter chapter 11 trustee, (ii) for the appointment of an examiner with enlarged powers (beyond those set forth in Sections 1106(a)(3) and (4) of the Bankruptcy Code) under Section 1106(b) of the Bankruptcy Code or (iii) to convert any the Chapter 11 Case to a Chapter chapter 7 case or to dismiss any the Chapter 11 Case.

Appears in 1 contract

Samples: Loan and Security Agreement (System Software Associates Inc)

Appointment of Trustee or Examiner; Liquidation. No order has been entered in any the Chapter 11 Case Cases (i) for the appointment of a Chapter 11 trustee, (ii) for the appointment of an examiner with enlarged powers (beyond those set forth in Sections 1106(a)(3) and (4) of the Bankruptcy Code) under Section 1106(b) of the Bankruptcy Code or (iii) to convert any the Chapter 11 Case Cases to a Chapter 7 case cases or to dismiss any the Chapter 11 CaseCases.

Appears in 1 contract

Samples: Loan and Security Agreement (Dairy Mart Convenience Stores Inc)

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Appointment of Trustee or Examiner; Liquidation. No order has been entered in any either of the Chapter 11 Case Cases (i) for the appointment of a Chapter 11 trustee, (ii) for the appointment of an examiner with enlarged powers (beyond those set forth in Sections 1106(a)(3) and (4) of the Bankruptcy Code) under Section 1106(b) of the Bankruptcy Code or (iii) to convert any the Chapter 11 Case Cases to a Chapter chapter 7 case or to dismiss any the Chapter 11 CaseCases.

Appears in 1 contract

Samples: Loan and Security Agreement and Guaranty (Archibald Candy Corp)

Appointment of Trustee or Examiner; Liquidation. No order has been entered in any Chapter 11 Case (i) for the appointment of a Chapter chapter 11 trustee, (ii) for the appointment of an trustee or examiner with enlarged powers (with respect to the operation of the Borrower's business beyond those set forth in Sections subsections 1106(a)(3) and (41106(a)(4) of the Bankruptcy Code) under Section 1106(b) of the Bankruptcy Code , or (iiiii) to convert any all of the Chapter 11 Case Cases to a Chapter 7 case or to dismiss any Chapter 11 CaseCases.

Appears in 1 contract

Samples: Credit and Term Loan Agreement (Golden Books Family Entertainment Inc)

Appointment of Trustee or Examiner; Liquidation. No order has been entered or is pending in any Chapter 11 Case (i) for the appointment of a Chapter 11 trustee, (ii) for the appointment of an examiner with enlarged powers (beyond those set forth in Sections 1106(a)(3) and (4) of the Bankruptcy Code) under Section 1106(b) of the Bankruptcy Code or (iii) to convert any Chapter 11 Case to a Chapter 7 case or to dismiss any Chapter 11 Case.

Appears in 1 contract

Samples: Possession Credit Agreement (Cygnus Oil & Gas Corp)

Appointment of Trustee or Examiner; Liquidation. No order has been entered in any the Chapter 11 Case Cases (i) for the appointment of a Chapter 11 trustee, (ii) for the appointment of an examiner with enlarged powers (beyond those set forth in Sections 1106(a)(3) and (4) of the Bankruptcy Code) under Section 1106(b) of the Bankruptcy Code or (iii) to convert any the Chapter 11 Case Cases to a Chapter chapter 7 case cases or to dismiss any the Chapter 11 CaseCases.

Appears in 1 contract

Samples: Loan and Security Agreement (E Spire Communications Inc)

Appointment of Trustee or Examiner; Liquidation. No order has been entered in any Chapter 11 Case (i) for the appointment of a Chapter 11 trustee, (ii) for the appointment of an trustee or examiner with enlarged powers (with respect to the operation of the Borrower's business beyond those set forth in Sections subsections 1106(a)(3) and (41106(a)(4) of the Bankruptcy Code) under Section 1106(b) of the Bankruptcy Code , or (iiiii) to convert any all of the Chapter 11 Case Cases to a Chapter 7 case or to dismiss any Chapter 11 CaseCases.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Golden Books Family Entertainment Inc)

Appointment of Trustee or Examiner; Liquidation. No order has been entered in any this Chapter 11 Case (i) for the appointment of a Chapter chapter 11 trustee, (ii) for the appointment of an examiner with enlarged powers (beyond those set forth in Sections 1106(a)(3) and (4) of the Bankruptcy Code) under Section 1106(b) of the Bankruptcy Code or (iii) to convert any the Chapter 11 Case to a Chapter chapter 7 case or to dismiss any the Chapter 11 Case.

Appears in 1 contract

Samples: Schedules and Exhibits (Vista Eyecare Inc)

Appointment of Trustee or Examiner; Liquidation. No order has been entered in any Chapter 11 Case (i) for the appointment of a Chapter chapter 11 trustee, (ii) for the appointment of an trustee or examiner with enlarged powers (with respect to the operation of the business of any Borrower beyond those set forth in Sections 1106(a)(31106(a) and (41106(a)(4) of the Bankruptcy Code) under Section 1106(b) of the Bankruptcy Code , or (iiiii) to convert any of the Chapter 11 Case Cases to a Chapter 7 case or to dismiss any Chapter 11 Case.

Appears in 1 contract

Samples: Trism Inc /De/

Appointment of Trustee or Examiner; Liquidation. No order has shall have been entered or shall be pending in any the Chapter 11 Case (i) for the appointment of a Chapter 11 trustee, (ii) for the appointment of an examiner with enlarged powers (beyond those set forth in Sections 1106(a)(3) and (4) of the Bankruptcy Code) under Section Sections 1104(d) and 1106(b) of the Bankruptcy Code or (iii) to convert any the Chapter 11 Case to a Chapter 7 case or to dismiss any the Chapter 11 Case.

Appears in 1 contract

Samples: Anchor Glass Container (Anchor Glass Container Corp /New)

Appointment of Trustee or Examiner; Liquidation. No order has been entered in any Chapter 11 Case without the consent of the Agent and the Required Lenders (i) for the appointment of a Chapter 11 trustee, (ii) for the appointment of an examiner with enlarged powers (beyond those set forth in Sections 1106(a)(3) and (4) of the Bankruptcy Code) under Section 1106(b) of the Bankruptcy Code or (iii) to convert any Chapter 11 Case to a Chapter 7 case or to dismiss any Chapter 11 Case.

Appears in 1 contract

Samples: Financing Agreement (Penthouse International Inc)

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