Common use of Attachment Proceedings and Insolvency Clause in Contracts

Attachment Proceedings and Insolvency. Borrower or any material portion of Borrower's property is affected by any: (i) Judgment lien, execution, attachment, garnishment, general assignment for the benefit of creditors, sequestration, or forfeiture, to the extent Borrower's financial condition or its ability to pay its debts as they come due is thereby materially impaired; or (ii) Proceeding under the laws of any jurisdiction relating to receivership, insolvency, or bankruptcy, whether brought voluntarily or involuntarily by or against Borrower, including, without limitation, any reorganization of assets, deferment or arrangement of debts, or any similar proceeding, and, if such proceeding is involuntarily brought against Borrower, it is not dismissed within 60 days;

Appears in 3 contracts

Samples: Credit Agreement (Illuminet Holdings Inc), Credit Agreement (Illuminet Holdings Inc), Credit Agreement (Imagex Com Inc)

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Attachment Proceedings and Insolvency. Borrower or any material portion of Borrower's property is affected by any: (i) Judgment lien, execution, attachment, garnishment, general assignment for the benefit of creditors, sequestration, or forfeiture, to the extent Borrower's financial condition or its ability to pay its debts as they come due is thereby materially impaired; or (ii) Proceeding under the laws of any jurisdiction relating to receivership, insolvency, or bankruptcy, whether brought voluntarily or involuntarily by or against Borrower, including, without limitation, any reorganization of assets, deferment or arrangement of debts, or any similar proceeding, and, if such proceeding is involuntarily brought against Borrower, it is not dismissed within 60 days;

Appears in 2 contracts

Samples: Credit Agreement (Usana Health Sciences Inc), Credit Agreement (Usana Inc)

Attachment Proceedings and Insolvency. Borrower or any material portion of ------------------------------------- Borrower's property is affected by any: (i) Judgment lien, executionExecution, attachment, garnishment, general assignment for the benefit of creditors, sequestration, sequestration or forfeiture, to the extent Borrower's financial condition or its ability to pay its debts as they come due is thereby materially impaired; or (ii) Proceeding under the laws of any jurisdiction relating to receivership, insolvency, insolvency or bankruptcy, whether brought voluntarily or involuntarily by or against Borrower, including, including without limitation, limitation any reorganization of assets, deferment or arrangement of debts, or any and similar proceeding, and, if such proceeding is involuntarily brought against Borrower, it is not dismissed within 60 days;

Appears in 1 contract

Samples: Credit Agreement (Micron Electronics Inc)

Attachment Proceedings and Insolvency. Borrower or any material portion of Borrower's property is affected by any: (i) Judgment lien, execution, attachment, garnishment, general assignment for the benefit of creditors, sequestration, or forfeiture, to the extent Borrower's financial condition Borrower is prevented from operating its business or its ability to pay paying its debts as they come due is thereby materially impaireddue; or (ii) Proceeding under the laws of any jurisdiction relating to receivership, insolvency, or bankruptcy, whether brought voluntarily or involuntarily by or against Borrower, including, without limitation, any reorganization of assets, deferment or arrangement of debts, or any similar proceeding, and, if such proceeding is involuntarily brought against Borrower, it is not dismissed within 60 days;

Appears in 1 contract

Samples: Credit and Security Agreement (Source Capital Corp)

Attachment Proceedings and Insolvency. Borrower or any material portion of Borrower's ’s property is affected by any: (ia) Judgment lien, execution, attachment, garnishment, general assignment for the benefit of of, creditors, sequestration, or forfeiture, to the extent Borrower's ’s financial condition or its ability to pay its debts as they come due is thereby materially impaired; or (iib) Proceeding under the laws of any jurisdiction relating to receivership, insolvency, or bankruptcy, whether brought voluntarily or involuntarily by or against Borrower, including, without limitation, any reorganization of assets, deferment or arrangement of debts, or any similar proceeding, and, if such proceeding is involuntarily brought against Borrower, it is not dismissed within 60 sixty (60) days;

Appears in 1 contract

Samples: Loan Agreement (Jones Soda Co)

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Attachment Proceedings and Insolvency. Borrower Borrower, any ------------------------------------- Subsidiary, or any material portion of Borrower's or any Subsidiary's property is affected by any: (ia) Judgment lien, execution, attachment, garnishment, general assignment for the benefit of creditors, sequestration, or forfeiture, to the extent Borrower's financial condition or its ability to pay its debts as they come due is thereby materially impaired; or (iib) Proceeding under the laws of any jurisdiction relating to receivership, insolvency, or bankruptcy, whether brought voluntarily or involuntarily by or against Borrowerinvoluntarily, including, without limitation, any reorganization of assets, deferment or arrangement of debts, or any similar proceeding, and, if such proceeding is involuntarily brought against Borrowerbrought, it is not dismissed within 60 days;

Appears in 1 contract

Samples: Credit Agreement (Aris Corp/)

Attachment Proceedings and Insolvency. Borrower or ------------------------------------- any material portion of Borrower's property is affected by any: (i) Judgment lien, execution, attachment, garnishment, general assignment for the benefit of creditors, sequestration, or forfeiture, to the extent Borrower's financial condition or its ability to pay its debts as they come due is thereby materially impaired; or (ii) Proceeding under the laws of any jurisdiction relating to receivership, insolvency, or bankruptcy, whether brought voluntarily or involuntarily by or against Borrower, including, without limitation, any reorganization of assets, deferment or arrangement of debts, or any similar proceeding, and, if such proceeding is involuntarily brought against Borrower, it is not dismissed within 60 days;

Appears in 1 contract

Samples: Credit Agreement (Alexander & Baldwin Inc)

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