Common use of Attachment; Levy; Restraint on Business Clause in Contracts

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of Borrower or of any entity under the control of Borrower (including a Subsidiary) on deposit or otherwise maintained with Bank or any Bank Affiliate, or (ii) a notice of lien or levy is filed against any of Borrower’s assets by any government agency, and the same under subclauses (i) and (ii) hereof are not, within ten (10) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, no Credit Extensions shall be made during any ten (10) day cure period; or (i) any material portion of Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower from conducting any material part of its business; provided however, that the Event of Default under this Section 8.4(b) shall be cured or waived for purposes of this Agreement upon Bank receiving written evidence that the same under subclauses (i) and (ii) hereof have, within three (3) days after the occurrence thereof, been discharged or stayed (whether through the posting of a bond or otherwise) and so long as Bank has not declared an Event of Default under any other provision of this Agreement and/or exercised any rights with respect to the Event of Default under this Section 8.4(b) during such three (3) day period; provided, further, that no Credit Extensions shall be made during any such three (3) day cure period;

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of Borrower or of any entity under the control of Borrower (including a Subsidiary) on deposit or otherwise maintained with Bank or any Bank Affiliate), or (ii) a notice of lien or levy is filed against any of Borrower’s assets by any government agencyGovernmental Authority, and the same under subclauses (i) and (ii) hereof are not, within ten (10) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, no Credit Extensions shall be made during any ten (10) day cure period; or (b) (i) any material portion of Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower from conducting all or any material part of its business; provided provided, however, that the Event of Default under this Section 8.4(b) shall be cured or waived for purposes of this Agreement upon Bank receiving written evidence that the same under subclauses (i) and (ii) hereof have, within three ten (310) days after the occurrence thereof, been discharged or stayed (whether through the posting of a bond or otherwise) and so long as Bank has not declared an Event of Default under any other provision of this Agreement and/or exercised any rights with respect to the Event of Default under this Section 8.4(b) during such three (3) day period; provided, further, that no Credit Extensions shall be made during any such three (3) day cure periodthereto;

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of Borrower or of any entity under the control of Borrower (including a Subsidiary) on deposit or otherwise maintained with Bank or any Bank Affiliatein excess of Two Million Five Hundred Thousand Dollars ($2,500,000), or (ii) a notice of lien or levy is filed against any of Borrower’s assets by any government agencyGovernmental Authority, and the same under subclauses (i) and (ii) hereof are not, within ten (10) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, no Credit Extensions shall be made during any ten (10) day cure period; or (i) any material portion of Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower from conducting all or any material part of its business; provided , provided, however, that the Event of Default under this Section 8.4(b) shall be cured or waived for purposes of this Agreement upon Bank receiving written evidence that the same under subclauses (i) and (ii) hereof have, within three ten (310) days after the occurrence thereof, been discharged or stayed (whether through the posting of a bond or otherwise) and so long as Bank has not declared an Event of Default under any other provision of this Agreement and/or exercised any rights with respect to the Event of Default under this Section 8.4(b) during such three (3) day period; provided, further, that no Credit Extensions shall be made during any such three (3) day cure periodthereto;

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any material funds of Borrower or the Loan Parties taken as a whole, any of its Subsidiaries (other than any entity under the control of Borrower (including a Insurance Subsidiary) on deposit or otherwise maintained with Bank ), or any Bank AffiliatePhysician Group (in each case, when taken as a whole), or (ii) a notice of lien or levy is filed against any of Borrowerany Loan Party’s or any of its Subsidiaries’ (other than any Insurance Subsidiary) material assets (when taken as a whole) by any government agencyGovernmental Authority, and the same under subclauses (i) and (ii) hereof are not, within ten thirty (1030) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise), in each case, unless such action (A) is being contested in good faith and by appropriate proceedings diligently conducted or (B) would otherwise constitute a Permitted Lien; provided, however, no Credit Extensions Advances shall be made during any ten thirty (1030) day days cure period; or (iii) any material portion of Borrower’s the assets of all Loan Parties taken as a whole, any of their respective Subsidiaries (other than any Insurance Subsidiary), or any Physician Group (in each case, when taken as a whole) is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower any Loan Party from conducting all or any material part of its business; provided howeverthe business of the Loan Parties as a whole, that the Event of Default under this Section 8.4(b) shall be cured or waived for purposes of this Agreement upon Bank receiving written evidence that and the same under subclauses (i) and (ii) hereof haveare not, within three for thirty (330) days after the occurrence thereof, been discharged or stayed (whether through the posting of a bond or otherwise) in each case, unless such action (A) is being contested in good faith and so long as Bank has not declared an Event of Default under any other provision of this Agreement and/or exercised any rights with respect to the Event of Default under this Section 8.4(bby appropriate proceedings diligently conducted or (B) during such three (3) day periodwould otherwise constitute a Permitted Lien; provided, further, that no Credit Extensions shall be made during any such three (3) day cure period;or

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of Borrower or of any entity under the control of Borrower (including a Subsidiary) on deposit or otherwise maintained with Bank or any Bank Affiliatein excess of Two Hundred Fifty Thousand Dollars ($250,000), or (ii) a notice of lien or levy is filed against any of Borrower’s assets by any government agencyGovernmental Authority, and the same under subclauses (i) and (ii) hereof are not, within ten (10) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, no Credit Extensions shall be made during any ten (10) day cure period; or (i) any material portion of Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower from conducting all or any material part of its business; provided , provided, however, that the Event of Default under this Section 8.4(b) shall be cured or waived for purposes of this Agreement upon Bank receiving written evidence that the same under subclauses (i) and (ii) hereof have, within three ten (310) days after the occurrence thereof, been discharged or stayed (whether through the posting of a bond or otherwise) and so long as Bank has not declared an Event of Default under any other provision of this Agreement and/or exercised any rights with respect to the Event of Default under this Section 8.4(b) during such three (3) day period; provided, further, that no Credit Extensions shall be made during any such three (3) day cure periodthereto;

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds in excess of One Hundred Thousand Dollars ($100,000) of Borrower or of any entity under the control of Borrower (including a Subsidiary) on deposit or otherwise maintained with Bank or any Bank Affiliate), or (ii) a notice of lien or levy is filed against any of Borrower’s assets with a fair market value of One Hundred Thousand Dollars ($100,000) or more in the aggregate by any government agencyGovernmental Authority, and the same under subclauses (i) and (ii) hereof are not, within ten (10) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, no Credit Extensions shall be made during any ten (10) day cure period; or (i) any material portion of Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower from conducting all or any material part of its business; provided provided, however, that the Event of Default under this Section 8.4(b) caused by the occurrence of a breach or default under such other agreement shall be cured or waived for purposes of this Agreement upon Bank receiving written evidence that the same under subclauses (i) and (ii) hereof have, within three ten (310) days after the occurrence thereof, been discharged or stayed (whether through the posting of a bond or otherwise) and so long as Bank has not declared an Event of Default under any other provision of this Agreement and/or exercised any rights with respect to the Event of Default under this Section 8.4(b) during such three (3) day periodthereto; provided, furtherhowever, that no Credit Extensions shall be made during any such three ten (310) day cure period;

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds in excess of One Million Dollars ($1,000,000) of Borrower or of any entity under the control of Borrower (including a Subsidiary) on deposit or otherwise maintained with Bank or any Bank Affiliate, or (ii) a notice of lien or levy is filed against any of Borrower’s assets with a fair market value of One Million Dollars ($1,000,000) or more, by any government agency, and the same under subclauses (i) and (ii) hereof are not, within ten fifteen (1015) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, no Credit Extensions shall be made during any ten fifteen (1015) day cure period; or (i) any material portion of Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower from conducting any material part of its business; provided howeverprovided, that the Event of Default under this Section 8.4(b) shall be cured or waived for purposes of this Agreement upon Bank receiving written evidence that the same under subclauses (i) and (ii) hereof have, within three fifteen (315) days after the occurrence thereof, been discharged discharges or stayed (whether through the posting of a bond or otherwise) and so long as Bank has not declared an Event of Default under any other provision of this Agreement and/or exercised any rights with respect to the Event of Default under this Section 8.4(b) during such three (3) day period; provided, further, that no Credit Extensions shall be made during any such three (3) day cure periodthereto;

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds in excess of Borrower One Hundred Thousand Dollars ($100,000) of a Credit Party or of any entity under the control of Borrower a Credit Party (including a Subsidiary) on deposit with any of the banks or otherwise maintained with Bank or any Bank Affiliatefinancial institutions disclosed in the Perfection Certificates, or (ii) a notice of lien lien, levy, or levy assessment is filed against any of Borrowera Credit Party’s assets having a fair market value in excess of One Hundred Thousand Dollars ($100,000) by any government agency, and the same under subclauses (ia)(i) and (ii) hereof are not, within ten thirty (1030) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided) and the Borrower shall not, however, no Credit Extensions shall be made during any ten within such thirty (1030) day cure period, or such longer period during which execution of the same shall have been stayed, appeal therefrom and cause the execution thereof to be stayed during such appeal; orand (b) (i) any material portion of Borrowera Credit Party’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower a Credit Party from conducting any material part of its business; provided however, that the Event of Default under this Section 8.4(b) shall be cured or waived for purposes of this Agreement upon Bank receiving written evidence that and the same under subclauses (ib)(i) and (ii) hereof haveshall not have been discharged, bonded or a stay of execution thereof shall not have been procured, within three thirty (330) days after from the occurrence thereofdate of entry thereof and the Borrower shall not, been discharged or stayed within such thirty (whether through the posting of a bond or otherwise) and so long as Bank has not declared an Event of Default under any other provision of this Agreement and/or exercised any rights with respect to the Event of Default under this Section 8.4(b) during such three (330) day period; provided, furtheror such longer period during which execution of the same shall have been stayed, that no Credit Extensions shall appeal therefrom and cause the execution thereof to be made stayed during any such three (3) day cure periodappeal;

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of Borrower any Loan Party or of any entity under the control of Borrower a Loan Party (including a Subsidiary) on deposit or otherwise maintained with Bank or any Bank Affiliate), or (ii) a notice of lien or levy is filed against any of BorrowerLoan Party’s assets by any government agencyGovernmental Authority, and the same under subclauses (i) and (ii) hereof are not, within ten (10) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, no Credit Extensions Term Loans shall be made during any ten (10) day cure period; or (i) any material portion of Borrowera Loan Party’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower a Loan Party from conducting all or any material part of its business; provided provided, however, that the Event of Default under this Section 8.4(b) shall be cured or waived for the purposes of this Agreement upon Bank the Lender receiving written evidence that the same under subclauses sub- clauses (i) and (ii) hereof have, within three ten (310) days after the occurrence thereof, been discharged or stayed (whether through the posting of a bond or otherwise) and so long as Bank has not declared an Event of Default under any other provision of this Agreement and/or exercised any rights with respect to the Event of Default under this Section 8.4(b) during such three (3) day period); provided, further, that no Credit Extensions Term Loans shall be made during any such three ten (310) day cure period;