Assignment for Creditors. Any Obligor makes an assignment for the benefit of creditors, fails to pay, or admits in writing its inability to pay its debts as they mature; or if a trustee of any substantial part of the assets of any Obligor is applied for or appointed, and in the case of such trustee being appointed in a proceeding brought against such Obligor, the Obligor, by any action or failure to act indicates its approval of, consent to, or acquiescence in such appointment and such appointment is not vacated, stayed on appeal or otherwise shall not have ceased to continue in effect within thirty (30) days after the date of such appointment.
Appears in 10 contracts
Samples: Restated Business Loan Agreement, Business Loan Agreement (LINC Logistics Co), Business Loan Agreement (LINC Logistics Co)
Assignment for Creditors. Any Obligor Borrower makes an assignment for the benefit of creditors, fails to pay, or admits in writing its inability to pay its debts as they mature; or if a trustee of any substantial part of the assets of any Obligor Borrower is applied for or appointed, and in the case of such trustee being appointed in a proceeding Proceeding brought against such ObligorBorrower, the Obligorsuch Borrower, by any action or failure to act indicates its approval of, consent to, or acquiescence in such appointment and such appointment is not vacated, stayed on appeal or otherwise shall not have ceased to continue in effect within thirty sixty (3060) days after the date of such appointment.
Appears in 5 contracts
Samples: Credit Agreement (Dr. Tattoff, Inc.), Credit Agreement (Wild Craze, Inc.), Credit Agreement (Petron Energy II, Inc.)
Assignment for Creditors. Any Obligor makes an assignment for the benefit of creditors, fails to pay, or admits in writing its inability to pay its debts as they mature; or if a trustee of any substantial part of the assets of any Obligor is applied for or appointed, and in the case of such trustee being appointed in a proceeding brought against such Obligor, the Obligor, by any action or failure to act indicates its approval of, consent to, or acquiescence in such appointment and such appointment is not vacated, stayed on appeal or otherwise shall not have ceased to continue in effect within thirty sixty (3060) days after the date of such appointment.
Appears in 3 contracts
Samples: Loan and Security Agreement (Banyan Rail Services Inc.), Loan and Security Agreement (FreightCar America, Inc.), Loan and Security Agreement (Bhit Inc)
Assignment for Creditors. Any Obligor Borrower makes an assignment for the benefit of creditors, fails to pay, or admits in writing its inability to pay its debts as they mature; or if a trustee of any substantial part of the assets of any Obligor Borrower is applied for or appointed, and in the case of such trustee being appointed in a proceeding brought against such ObligorBorrower, the ObligorBorrower, by any action or failure to act indicates its approval of, consent to, or acquiescence in such appointment and such appointment is not vacated, stayed on appeal or otherwise shall not have ceased to continue in effect within thirty (30) days after the date of such appointment.
Appears in 1 contract
Assignment for Creditors. Any Obligor makes an assignment for the benefit of creditors, fails to pay, or admits in writing its inability to pay its debts as they mature; or if a I\15453359.12 trustee of any substantial part of the assets of any Obligor is applied for or appointed, and in the case of such trustee being appointed in a proceeding brought against such Obligor, the Obligor, by any action or failure to act indicates its approval of, of consent to, or acquiescence in such appointment and such appointment is not vacated, stayed on appeal or otherwise shall not have ceased to continue in effect within thirty sixty (3060) days after the date of such appointment.
Appears in 1 contract
Samples: Loan and Security Agreement (AquaBounty Technologies, Inc.)