Attachment or distress a creditor or encumbrancer attaches or takes possession of, or a distress, execution, sequestration or other process is levied or enforced upon or sued out against, any of the assets of any Group Company (having a value of at least US$500,000) and such process is not discharged within 21 days; or
Attachment or distress. A creditor or encumbrancer attaches or takes possession of, or a distress, execution, sequestration or other process is levied or enforced upon or sued out against, any of the assets of any Group Company (having a value of at least USD 2,000,000 or equivalent in other currencies) and such process is not proved to the reasonable satisfaction of the Majority Lenders to be frivolous or vexatious and is, in any event, not discharged within thirty (30) days of its presentation or challenged on grounds reasonably satisfactory to the Majority Lenders.
Attachment or distress. A creditor or encumbrancer attaches or takes possession of, or a distress, execution (including by way of executory attachment (executoriaal beslag) or interlocutory attachment (conservatoir beslag), sequestration or other process is levied or enforced upon or sued out against the assets of the Company or any member of the Group which assets amount to a Substantial Portion and such process is not discharged within 28 days except that, in the case of a Dutch Borrower, no such grace period shall apply in case of an executory attachment (“executoriaal beslag”).
Attachment or distress a creditor or encumbrancer attaches or takes possession of, or a distress, execution, sequestration or other process is levied or enforced upon or sued out against, any of the assets of any Group Company (having a value of at least pounds sterling 20,000) and such process is not discharged within 7 days save where the same is being contested in good faith and by appropriate action and in a manner consistent with legal advice (Counsel having advised there is a good prospect of success); or
Attachment or distress. If a creditor attaches or takes possession of, or a distress, execution, diligence, sequestration or other process is levied or enforced upon or sued out against, any material part of the undertakings, assets, rights or revenues of any Obligor, PropCo or Xxxxxx and such process is not discharged within ten Business Days.
Attachment or distress. A creditor or encumbrancer attaches or takes possession of, or a distress, execution, sequestration, foreclosure, action or notice to reduce a claim to judgement or other process is instituted, levied or enforced upon or sued out against, any of the assets of any Security Company (in respect of an amount of at least US$250,000 in aggregate or its equivalent); or
Attachment or distress a creditor or encumbrancer attaches or takes possession of or a receiver or similar officer is appointed over the whole or any material part of the assets of either of the Obligors, or a distress, execution, sequestration or other process is levied or enforced upon or sued out against, the whole or any material part of the assets of either of the Obligors and such process is not discharged within 30 days; or
Attachment or distress. Any asset of the Borrower or on and with effect from expiry of the Acquisition Period of any of its Subsidiaries is subject to attachment, sequestration, execution or any similar process.
Attachment or distress. A creditor or encumbrancer attaches or takes possession of, or a distress, execution, sequestration or other process is levied or enforced upon or sued out against, any of the assets of any Group Company (having a value of at least USD 2,000,000 or equivalent in other currencies) and such process is not proved to the reasonable satisfaction of the Majority Lenders to be frivolous or vexatious and is, in any event, not discharged within thirty (30) days of its presentation or challenged on grounds reasonably satisfactory to the Majority Lenders.
15.1.7 Inability to pay debts Any Group Company:
a. suspends payment of its debts or is unable or admits its inability to pay its debts as they fall due;
b. begins negotiations with any creditor with a view to the readjustment or rescheduling of any of its Indebtedness (which for the purpose of this clause shall include the Lone Star Equity Commitment) which it would not otherwise be able to pay when it falls due; or
c. proposes or enters into any re-organisation, composition or other arrangement for the benefit of its creditors generally or any class of creditors.
d. Is over –indebted (überschuldet) within the meaning of Article 725 para.2 of the Swiss Federal Code of Obligations or the value of its assets is less than its liabilities (taking into account contingent and prospective liabilities).
e. A moratorium is declared in respect of any indebtedness (which for the purpose of this clause shall include the Lone Star Equity Commitment) of an Obligor. If a moratorium occurs, the ending of the moratorium will remedy any Default caused by that moratorium.
15.1.8 Insolvency proceedings Any person takes any action or any legal proceedings are started or other steps taken (including the presentation of a petition) for:
a. the bankruptcy, liquidation, composition, suspension of payments, compulsory debt settlement, re organisation, winding up or dissolution of any Group Company other than (A) in connection with a solvent reconstruction, the terms of which have been previously approved in writing by the Majority Lenders, (B) solvent liquidation, winding up or dissolution of any Group Company other than the Borrowers, the terms of which have been notified in writing to the Lenders or (C) a winding up or bankruptcy or petition which is proved to the reasonable satisfaction of the Majority Lenders to be frivolous or vexatious and which is, in any event, discharged within fifteen (15) days of its presentation or challenged on...
Attachment or distress. Any asset of any Obligor is subject to attachment, sequestration, execution or any similar process.
