Bankruptcy and Related Matters. (a) So long as any of the obligations under the Finance Documents are outstanding, each of the Guarantors shall not (unless required to do so by law or regulation), without the prior written consent of the Majority Participating Creditors, commence or join with any other person in commencing any bankruptcy, liquidation, reorganisation, concurso mercantil, quiebra or insolvency proceedings of, or against, any Obligor.
(b) If acceleration of the time for payment of any amount payable by Parent under the Finance Documents is stayed upon the insolvency, bankruptcy, reorganisation, concurso mercantil, quiebra or any similar event of any Obligor or otherwise, all such amounts otherwise subject to acceleration under the terms of this Agreement shall nonetheless be payable by the Guarantors hereunder forthwith on demand by the Administrative Agent made at the request of the Participating Creditors.
(c) The obligations of each of the Guarantors under this Clause 20 shall not be reduced, limited, impaired, discharged, deferred suspended or terminated by any proceeding or action, voluntary or involuntary, involving the bankruptcy, insolvency, concurso mercantil, quiebra, receivership, reorganisation, marshalling of assets, assignment for the benefit of creditors, readjustment, liquidation or arrangement of any Obligor or similar proceedings or actions or by any defense which any Obligor may have by reason of the order, decree or decision of any court or administrative body resulting from any such proceeding or action. Without limiting the generality of the foregoing, the Guarantors’ liability shall extend to all amounts and obligations under the Finance Documents and would be owed by any Obligor but for the fact that they are unenforceable or not allowable due to the existence of any such proceeding or action.
(d) Each of the Guarantors (other than CEMEX, Inc. or (unless it has granted a guarantee pursuant to Clause 24.32 (Conditions subsequent)) CEMEX Australia Holdings) acknowledges and agrees that any interest on any portion of the obligations under the Finance Documents which accrues after the commencement of any proceeding or action referred to above in paragraph (c) of this Clause 20.10 (or, if interest on any portion of such obligations ceases to accrue by operation of law by reason of the commencement of said proceeding or action, such interest as would have accrued on such portion of such obligations if said proceedings or actions had not been commenced) sha...
Bankruptcy and Related Matters. (a) No Proceedings Against Borrower. So long as any of the ------------------------------- Guarantied Obligations remain outstanding, the Guarantor shall not, without the prior written consent of the Beneficiary, commence or join with any other Person in commencing any bankruptcy, liquidation, reorganization or insolvency proceedings of, or against, the Borrower.
Bankruptcy and Related Matters. 10 5.1 No Proceedings Against RTM, Parent, Holdco, RTM Management, Newco One or Newco Two ........................................................ 10 5.2
Bankruptcy and Related Matters. Grantee, at its option, may accelerate the maturity of the indebtedness secured by this Mortgage, and may exercise any one or more default remedies, including foreclosure of this Mortgage (a) in the event any owner of the mortgaged Premises during the period of such ownership shall make an assignment for the benefit of creditors, file a petition in bankruptcy, petition or apply to any tribunal for the appointment of a custodian, receiver or trustee for itself or for any substantial part of its assets, or shall commence any proceeding under any bankruptcy, reorganization, arrangement, readjustment of debt, dissolution or liquidation law or statute of any jurisdiction, whether now or hereafter in effect; or (b) if there shall have been filed any such petition or application, or any such proceeding shall have been commenced against such owner, in which an order for relief is entered or which remains undismissed for a period of sixty (60) days or more; or (c) if such owner by any act or omission shall indicate its consent to, approval of or acquiescence in any such petition, application or proceeding or order for relief or the appointment of a custodian, receiver or trustee for itself or for any substantial part of any of its properties, or shall suffer any such custodianship, receivership or trusteeship to continue undischarged for a period of sixty (60) days or more.
Bankruptcy and Related Matters. At no time on or before the Closing Date shall any of the following have been done by, against or with respect to Purchaser: (i) the commencement of a case under Title 11 of the U.S. Bankruptcy Code, as now constituted or hereafter amended, or under any applicable Federal or state bankruptcy law or similar law; (ii) the appointment of a trustee or receiver of any property interest; (iii) an assignment for the benefit of creditors; (iv) an attachment, execution or other judicial seizure of a substantial property interest; (v) the taking of, failure to take, or submission to any action indicating an inability to meet its financial obligations as they accrue; or (vi) a dissolution or liquidation.
Bankruptcy and Related Matters. 5.1. No Proceedings Against RTM, Parent, Holdco, RTM Management, Newco One or Newco Two. So long as any of the Guaranteed Obligations remain outstanding, the Guarantors shall not, without the prior written consent of each of the Beneficiaries, commence or join with any other person in commencing any bankruptcy, liquidation, reorganization or insolvency proceedings of, or against, RTM, Parent, Holdco, RTM Management, Newco One or Newco Two, as the case may be.
Bankruptcy and Related Matters. Borrower [or Borrower’s general partner] [or any guarantor]: (i) files a voluntary petition in bankruptcy, or such petition is filed against such person or entity and is not dismissed within 60 days after filing, (ii) files any petition or answer seeking or acquiescing in any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief for itself under any present or future federal, state, or other statute, law, or regulation relating to bankruptcy, insolvency, or other relief for debtors, or (iii) seeks or consents to or acquiesces in the appointment of any trustee, receiver, or liquidator of Borrower or of all or any part of the Project Property or of any or all of the royalties, revenues, rents, issues, or profits thereof, or makes any general assignment for the benefit of creditors, or admits in writing its inability to pay its debts generally as they become due.
Bankruptcy and Related Matters. 56 9.8. No Subrogation................................................................57 9.9.
Bankruptcy and Related Matters. (1) Any Obligor commences any case, proceeding, or other action (i) under any existing or future Law relating to bankruptcy, insolvency, reorganization, or other relief of debtors, seeking to have an order for relief entered with respect to it, or seeking to adjudicate it as bankrupt or insolvent, or seeking reorganization, arrangement, adjustment, winding-up, liquidation, dissolution, composition, or other relief with respect to it or its debts or (ii) seeking appointment of a receiver, trustee, custodian, conservator, or other similar official for it or for all or any substantial part of its assets, or said Xxxxxxx makes a general assignment for the benefit of its creditors;
(2) There is commenced against any Obligor any case, proceeding, or other action which (i) results in the entry of an order for relief or any such adjudication or appointment or (ii) remains undismissed, undischarged, or unbonded for a period of forty-five (45) days;
(3) There is commenced against any Obligor any case, proceeding, or other action seeking issuance of a warrant of attachment, execution, or similar process against all or any substantial part of its assets which results in the entry of an order for any such relief which has not been vacated, discharged, or stayed or bonded pending appeal within forty-five (45) days from the entry thereof;
(4) There is an assignment for the benefit of creditors; or
(5) There is any action taken by any Obligor in furtherance of, or indicating its consent to, approval of, or acquiescence in, any of the acts set forth in subsections (1) to (4) above.
Bankruptcy and Related Matters. (i) The Confirmation Order shall have been entered on the docket of the Bankruptcy Court for the Cases (and shall not have been amended, supplemented, stayed, vacated, reversed, rescinded or otherwise modified without the prior written consent of the Agent) and all conditions precedent to the effectiveness thereof and to the effectiveness of the Reorganization Plan set forth in ARTICLE IX of the Reorganization Plan shall have been satisfied (or waived in accordance with the terms thereof).
(ii) The Confirmation Order shall not have been appealed, neither the Parent nor any of its Subsidiaries shall have any knowledge of the filing of any appeal, or the intent to file any appeal, of the Confirmation Order, and any applicable period during which any Person may file any appeal with respect to the Confirmation Order shall have expired.
(iii) The Agent shall have received a certified copy of the Confirmation Order.
(iv) The Parent shall have paid or shall have caused payment of all items required to be paid pursuant to ARTICLE III.B.2.(c) of the Reorganization Plan.
(v) All conditions precedent to the effectiveness of the Senior Subordinated Notes Conversion shall have been satisfied (but for the effectiveness of this Agreement).
(vi) The corporate and capital structure of the Borrower and its Subsidiaries (including the organizational documents thereof), all shareholder or other equityholder agreements respecting the Borrower or any of its Subsidiaries, and the management of the Borrower and its Subsidiaries shall each exist in such form and status as is required by the Reorganization Plan (as determined by the Agent in its sole discretion).
