Common use of BANKRUPTCY AND SIMILAR PROCEEDINGS Clause in Contracts

BANKRUPTCY AND SIMILAR PROCEEDINGS. i. Lessee shall consent to the appointment of a receiver, trustee or liquidator for itself or for a substantial part of its property and such appointment has a material adverse effect on the Lessee's ability to perform its obligations under this Agreement; or ii. Lessee shall file a voluntary petition in bankruptcy or a voluntary petition or answer seeking reorganization in a proceeding under any laws dealing with bankruptcy, concurso mercantil, insolvency, moratorium or creditors' rights generally (any or all of which are hereinafter referred to as "Bankruptcy Laws") or an answer admitting the material allegations of a petition filed against Lessee in any such proceeding, or Lessee shall by voluntary petition answer or consent to or seek relief under the provisions of any Bankruptcy Laws; or iii. any order, judgment or decree is entered by a court of competent jurisdiction appointing a receiver, trustee or liquidator of Lessee or a substantial part of its property and such appointment will have a material adverse effect on the Lessee's ability to perform its obligations under this Agreement, or ordering a substantial part of Lessee's property to be sequestered and such sequestering will have a material adverse effect on the Lessee's ability to perform its obligations under this Agreement, and such actions are instituted or done with the consent of Lessee or, if instituted by another Person, the order, judgment or decree is not dismissed, remedied or relinquished within 60 days; or iv. a petition against Lessee in a proceeding under any Bankruptcy Laws shall be filed and shall not be withdrawn or dismissed within 60 days thereafter, or if, under the provisions of any Bankruptcy Laws that may apply to Lessee, any court of competent jurisdiction shall assume jurisdiction, custody or control of Lessee or of any substantial part of its property and such assumption of jurisdiction, custody or control will have a material adverse effect on the Lessee's ability to perform its obligations under this Agreement and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of 60 days; or v. the Lessee enters into a concurso mercantil, composition, assignment or arrangement with any creditors of, or the reorganization, rehabilitation, administration, liquidation, or dissolution of, the Lessee; or

Appears in 5 contracts

Samples: Lease Agreement (Afg Investment Trust C), Lease Agreement (Afg Investment Trust B), Lease Agreement (American Income Fund I-D LTD Partnership)

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BANKRUPTCY AND SIMILAR PROCEEDINGS. i. (i) Lessee shall consent to the appointment of a receiver, trustee or liquidator for itself or for a substantial part of its property and such appointment has a material adverse effect on the Lessee's ability to perform its obligations under this Agreementproperty; or (ii. ) Lessee shall admit in writing its inability to pay its debts generally as they become due, or Lessee shall make a general assignment for the benefit of creditors; or (iii) Lessee shall file a voluntary petition in bankruptcy or a voluntary petition or answer seeking reorganization in a proceeding under any laws dealing with bankruptcy, concurso mercantil, insolvency, moratorium or creditors' rights generally (any or all of which are hereinafter referred to as "Bankruptcy Laws") ”), or an answer admitting the material allegations of a petition filed against Lessee in any such proceeding, or Lessee shall by voluntary petition or answer or consent to or seek fail to oppose the seeking of relief under the provisions of any Bankruptcy Laws; or iii. (iv) any order, judgment or decree is entered by a court of competent jurisdiction appointing a receiver, trustee or liquidator of Lessee or a substantial part of its property and such appointment will have a material adverse effect on the Lessee's ability to perform its obligations under this Agreementproperty, or ordering a substantial part of Lessee's Xxxxxx’s property to be sequestered and such sequestering will have a material adverse effect on the Lessee's ability to perform its obligations under this Agreementsequestered, and such actions are is instituted or done with the consent of Lessee or, if instituted by another Person, the order, judgment or decree is not dismissed, remedied or relinquished within 60 30 days; or iv. (v) a petition against Lessee in a proceeding under any Bankruptcy Laws shall be filed and shall not be withdrawn or dismissed within 60 30 days thereafter, or if, under the provisions of any Bankruptcy Laws that may apply to Lessee, any court of competent jurisdiction shall assume jurisdiction, custody or control of Lessee or of any substantial part of its property and such assumption of jurisdiction, custody or control will have a material adverse effect on the Lessee's ability to perform its obligations under this Agreement and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of 60 daysproperty; or v. the Lessee enters into (vi) any step (including petition, proposal or convening a concurso mercantil, meeting) is taken with a view to a composition, assignment or arrangement with any creditors of, or the reorganization, rehabilitation, administration, liquidation, or dissolution of, the LesseeLessee or any of its Affiliates or any other insolvency proceedings involving Lessee or any of its Affiliates; or

Appears in 3 contracts

Samples: Lease Agreement, Aircraft Lease Agreement, Lease Agreement

BANKRUPTCY AND SIMILAR PROCEEDINGS. i. (i) Lessee shall consent to the appointment of a receiver, trustee or liquidator for itself or for a substantial part of its property and such appointment has a material adverse effect on the Lessee's ability to perform its obligations under this Agreementproperty; or (ii. ) Lessee shall admit in writing its inability to pay its debts generally as they become due, or Lessee shall make a general assignment for the benefit of creditors; or (iii) Lessee shall file a voluntary petition in bankruptcy or a voluntary petition or answer seeking reorganization in a proceeding under the 11 U.S.C. Sections 101 ET SEQ. or under any other laws dealing with bankruptcy, concurso mercantil, insolvency, moratorium or creditors' rights generally (any or all of which are hereinafter referred to as "Bankruptcy LawsBANKRUPTCY LAWS") ), or an answer admitting the material allegations of a petition filed against Lessee in any such proceeding, or Lessee shall by voluntary petition petition, answer or consent to or seek relief under the provisions of any Bankruptcy Laws; or iii. (iv) any order, judgment or decree is entered by a court of competent jurisdiction appointing a receiver, trustee or liquidator of Lessee or a substantial part of its property and such appointment will have a material adverse effect on the Lessee's ability to perform its obligations under this Agreementproperty, or ordering a substantial part of Lessee's property is to be sequestered and such sequestering will have a material adverse effect on the Lessee's ability to perform its obligations under this Agreementsequestered, and such actions are instituted or done with the consent of Lessee or, if instituted by another Personperson, the order, judgment or decree is not dismissed, remedied or relinquished within 60 days; or iv. (v) a petition against Lessee in a proceeding under any Bankruptcy Laws shall be filed and shall not be withdrawn or dismissed within 60 days thereafter, or if, under the provisions of any Bankruptcy Laws that may apply to Lessee, any court of competent jurisdiction shall assume jurisdiction, custody or control of Lessee or of any substantial part of its property and such assumption of jurisdiction, custody or control will have a material adverse effect on the Lessee's ability to perform its obligations under this Agreement and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of 60 daysproperty; or v. the Lessee enters into (vi) any step (including petition, proposal or convening a concurso mercantil, meeting) is taken with a view to a composition, assignment or arrangement with any creditors of, or the reorganization, rehabilitation, administration, liquidation, or dissolution of, the LesseeLessee or any of its Affiliates or any other insolvency proceedings involving the Lessee or any of its Affiliates; or

Appears in 2 contracts

Samples: Lease Agreement (Turn Works Acquisition Iii Sub a Inc), Lease Agreement (Turn Works Acquisition Iii Sub a Inc)

BANKRUPTCY AND SIMILAR PROCEEDINGS. i. (i) Lessee shall consent to the appointment of a receiver, trustee or liquidator for itself or for a substantial part of its property and such appointment has a material adverse effect on the Lessee's ability to perform its obligations under this Agreementproperty; or (ii. ) Lessee shall admit in writing its inability to pay its debts generally as they become due, or Lessee shall make a general assignment for the benefit of creditors; or (iii) Lessee shall file a voluntary petition in bankruptcy or a voluntary petition or answer seeking reorganization in a proceeding under 11 U.S.C. Sections 101 et seq. or under any other laws dealing with bankruptcy, concurso mercantil, insolvency, moratorium or creditors' rights generally (any or all of which are hereinafter referred to as "Bankruptcy Laws") ), or an answer admitting the material allegations of a petition filed against Lessee in any such proceeding, or Lessee shall by voluntary petition or answer or consent to or seek fail to oppose the seeking of relief under the provisions of any Bankruptcy Laws; or iii. (iv) any order, judgment or decree is entered by a court of competent jurisdiction appointing a receiver, trustee or liquidator of Lessee or a substantial part of its property and such appointment will have a material adverse effect on the Lessee's ability to perform its obligations under this Agreementproperty, or ordering a substantial part of Lessee's property to be sequestered and such sequestering will have a material adverse effect on the Lessee's ability to perform its obligations under this Agreementsequestered, and such actions are is instituted or done with the consent of Lessee or, if instituted by another Person, the order, judgment or decree is not dismissed, remedied or relinquished within 60 days; or iv. (v) a petition against Lessee in a proceeding under any Bankruptcy Laws shall be filed and shall not be withdrawn or dismissed within 60 days thereafter, or if, under the provisions of any Bankruptcy Laws that may apply to Lessee, any court of competent jurisdiction shall assume jurisdiction, custody or control of Lessee or of any substantial part of its property and such assumption of jurisdiction, custody or control will have a material adverse effect on the Lessee's ability to perform its obligations under this Agreement and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of 60 daysproperty; or v. the Lessee enters into (vi) any step (including petition, proposal or convening a concurso mercantil, meeting) is taken with a view to a composition, assignment or arrangement with any creditors of, or the reorganization, rehabilitation, administration, liquidation, or dissolution of, the LesseeLessee or any of its Affiliates or any other insolvency proceedings involving the Lessee or any of its Affiliates; or

Appears in 2 contracts

Samples: Lease Agreement (Vanguard Airlines Inc \De\), Lease Agreement (Vanguard Airlines Inc \De\)

BANKRUPTCY AND SIMILAR PROCEEDINGS. i. a. Lessee shall consent to the appointment of a receiver, trustee or liquidator for itself or for a substantial part of its property and such appointment has a material adverse effect on the Lessee's ability to perform its obligations under this Agreement; orproperty. ii. b. Lessee shall file a voluntary petition in bankruptcy or composition or a voluntary petition or answer seeking reorganization in a proceeding under any laws dealing with bankruptcy, concurso mercantilcomposition, insolvency, moratorium or creditors' rights generally (any or all of which are hereinafter referred to as "Bankruptcy Laws") or an answer admitting the material allegations of a petition filed against Lessee in any such proceeding, or Lessee shall by voluntary petition answer or consent to or seek relief under the provisions of any Bankruptcy Laws; or. iii. c. any order, judgment or decree is entered by a court of competent jurisdiction jurisdiction: (1) appointing a receiver, trustee or liquidator of Lessee or a substantial part of its property and such appointment will have a material adverse effect on the Lessee's ability to perform its obligations under this Agreement, or (2) ordering a substantial part of Lessee's property to be sequestered and such sequestering will have a material adverse effect on the Lessee's ability to perform its obligations under this Agreement, and such actions are instituted or done with the consent of Lessee or, if instituted by another Person, the order, judgment or decree is not dismissed, remedied or relinquished within 60 days; orsequestered. iv. d. a petition against Lessee in a proceeding under any Bankruptcy Laws shall be filed and shall not be withdrawn or dismissed within 60 30 days thereafter, or if, under the provisions of any Bankruptcy Laws that may apply to Lessee, any court of competent jurisdiction shall assume jurisdiction, custody or control of Lessee or of any substantial part of its property and such assumption of jurisdiction, custody or control will have a material adverse effect on the Lessee's ability to perform its obligations under this Agreement and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of 60 30 days; or. v. e. the Lessee enters into a concurso mercantil, composition, assignment or arrangement with any creditors of, or the reorganization, rehabilitation, administration, liquidation, or dissolution of, the Lessee; or.

Appears in 1 contract

Samples: Lease Agreement (Afg Investment Trust D)

BANKRUPTCY AND SIMILAR PROCEEDINGS. i. (i) Lessee shall consent to the appointment of a receiver, trustee or liquidator for itself or for a substantial part of its property and such appointment has a material adverse effect on the Lessee's ability to perform its obligations under this Agreementproperty; or (ii. ) Lessee shall admit in writing its inability to pay its debts generally as they become due, or Lessee shall make a general assignment for the benefit of creditors; or (iii) Lessee shall file a voluntary petition in bankruptcy or a voluntary petition or answer seeking reorganization in a proceeding under the 11 U. S.C. ss. ss. 101 ET seq or under any other laws dealing with bankruptcy, concurso mercantil, insolvency, moratorium or creditors' rights generally (any or all of which are hereinafter referred to as "Bankruptcy LawsBANKRUPTCY LAWS") ), or an answer admitting the material allegations of a petition filed against Lessee in any such proceeding, or Lessee shall by voluntary petition petition, answer or consent to or seek relief under the provisions of any Bankruptcy Laws; or iii. (iv) any order, judgment or decree is entered by a court of competent jurisdiction appointing a receiver, trustee or liquidator of Lessee or a substantial part of its property and such appointment will have a material adverse effect on the Lessee's ability to perform its obligations under this Agreementproperty, or ordering a substantial part of Lessee's property is to be sequestered and such sequestering will have a material adverse effect on the Lessee's ability to perform its obligations under this Agreementsequestered, and such actions are instituted or done with the consent of Lessee or, if instituted by another Personperson, the order, judgment or decree is not dismissed, remedied or relinquished within 60 days; or iv. (v) a petition against Lessee in a proceeding under any Bankruptcy Laws shall be filed and shall not be withdrawn or dismissed within 60 days thereafter, or if, under the provisions of any Bankruptcy Laws that may apply to Lessee, any court of competent jurisdiction shall assume jurisdiction, custody or control of Lessee or of any substantial part of its property and such assumption of jurisdiction, custody or control will have a material adverse effect on the Lessee's ability to perform its obligations under this Agreement and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of 60 daysproperty; or v. the Lessee enters into (vi) any step (including petition, proposal or convening a concurso mercantil, meeting) is taken with a view to a composition, assignment or arrangement with any creditors of, or the reorganization, rehabilitation, administration, liquidation, or dissolution of, the LesseeLessee or any of its Affiliates or any other insolvency proceedings involving the Lessee or any of its Affiliates; or

Appears in 1 contract

Samples: Lease Agreement (Turn Works Acquisition Iii Sub a Inc)

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BANKRUPTCY AND SIMILAR PROCEEDINGS. i. (i) Lessee shall consent to the appointment of a receiver, trustee or liquidator for itself or for a substantial part of its property and such appointment has a material adverse effect on the Lessee's ability to perform its obligations under this Agreementproperty; or (ii. ) Lessee shall admit in writing its inability to pay its debts generally as they become due, or Lessee shall make a general assignment for the benefit of creditors; or (iii) Lessee shall file a voluntary petition in bankruptcy or a voluntary petition or answer seeking reorganization in a proceeding under 11 U.S.C. "101 et seq. or under any other laws dealing with bankruptcy, concurso mercantil, insolvency, moratorium or creditors' rights generally (any or all of which are hereinafter referred to as "Bankruptcy LawsBANKRUPTCY LAWS") ), or an answer admitting the material allegations of a petition filed against Lessee in any such proceeding, or Lessee shall by voluntary petition or answer or consent to or seek fail to oppose the seeking of relief under the provisions of any Bankruptcy Laws; or iii. (iv) any order, judgment or decree is entered by a court of competent jurisdiction appointing a receiver, trustee or liquidator of Lessee or a substantial part of its property and such appointment will have a material adverse effect on the Lessee's ability to perform its obligations under this Agreementproperty, or ordering a substantial part of Lessee's property to be sequestered and such sequestering will have a material adverse effect on the Lessee's ability to perform its obligations under this Agreementsequestered, and such actions are is instituted or done with the consent of Lessee or, if instituted by another Person, the order, judgment or decree is not dismissed, remedied or relinquished within 60 days; or iv. (v) a petition against Lessee in a proceeding under any Bankruptcy Laws shall be filed and shall not be withdrawn or dismissed within 60 days thereafter, or if, under the provisions of any Bankruptcy Laws that may apply to Lessee, any court of competent jurisdiction shall assume jurisdiction, custody or control of Lessee or of any substantial part of its property and such assumption of jurisdiction, custody or control will have a material adverse effect on the Lessee's ability to perform its obligations under this Agreement and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of 60 daysproperty; or v. the Lessee enters into (vi) any step (including petition, proposal or convening a concurso mercantil, meeting) is taken with a view to a composition, assignment or arrangement with any creditors of, or the reorganization, rehabilitation, administration, liquidation, or dissolution of, the LesseeLessee or any of its Affiliates or any other insolvency proceedings involving the Lessee or any of its Affiliates; or

Appears in 1 contract

Samples: Lease Agreement (Vanguard Airlines Inc \De\)

BANKRUPTCY AND SIMILAR PROCEEDINGS. i. (i) the Lessee shall consent consents to the appointment of a custodian, receiver, trustee or liquidator for of itself or for a all or any substantial part of its property and such appointment has a material adverse effect on the Lessee's ability to perform its obligations under this Agreementproperty or the Lessee's consolidated property; or (ii. ) the Lessee admits in writing its inability to pay its debts generally as they become due, or the Lessee shall file make a general assignment for the benefit of creditors; or (iii) the Lessee files a voluntary petition in bankruptcy or a voluntary petition or answer seeking reorganization in a proceeding under 11 U.S.C. xx.xx. 101 et seq. or under any other laws dealing with bankruptcy, concurso mercantil, insolvency, moratorium moratorium, winding-up of corporations or creditors' rights generally generally, as now or hereafter in effect, (any or all of which are hereinafter referred to as "Bankruptcy Laws") ), or an answer admitting the material allegations of a petition filed against the Lessee in any such proceeding, or the Lessee shall by voluntary petition petition, answer or consent to or seek seeks relief under the provisions of any Bankruptcy Laws; or iii. any (iv) an order, judgment or decree is entered by any court appointing, without the consent of the Lessee, a court of competent jurisdiction appointing a custodian, receiver, trustee or liquidator of Lessee the Lessee, or a of all or any substantial part of its property and such appointment will have a material adverse effect on the Lessee's ability to perform its obligations under this Agreement, property or ordering a substantial part of Lessee's property to be sequestered and such sequestering will have a material adverse effect on the Lessee's ability consolidated property is to perform its obligations under this Agreementbe sequestered, and any such actions are instituted or done with the consent of Lessee or, if instituted by another Person, the order, judgment or decree of appointment or sequestration remains in effect, undismissed, unstayed or unvacated for a period of 90 days after the date of entry thereof or at any time an order for relief is not dismissed, remedied or relinquished within 60 daysgranted; or iv. a (v) an involuntary petition against the Lessee in a proceeding under any the Bankruptcy Laws shall be is filed and shall is not be withdrawn or dismissed within 60 90 days thereafterthereafter or any time an order for relief is granted in such proceeding, or if, under the provisions of any Bankruptcy Laws that Law providing for reorganization or which may apply to the Lessee, any court of competent jurisdiction shall assume jurisdictionassumes jurisdiction over, or custody or control of of, the Lessee or of all or any substantial part of its property and such assumption of jurisdiction, custody or control will have a material adverse effect on the Lessee's ability to perform its obligations under this Agreement property, or the Lessee's consolidated property and such jurisdiction, custody or control remains in force effect, unrelinquished, unstayed or unterminated for a period of 60 days90 days or at any time an order for relief is granted in such proceeding; or v. (vi) any step (including petition, proposal or convening a meeting) is taken by the Lessee enters into with a concurso mercantil, view to a composition, general assignment for the benefit of creditors or arrangement workout with any its creditors ofgenerally, or the reorganization, rehabilitation, administration, liquidation, or dissolution of, of the Lessee; or, or any corporate action (including, without limitation, any board of directors or shareholder action) is taken by the Lessee in furtherance of any of the foregoing, whether or not the same is fully effected or accomplished.

Appears in 1 contract

Samples: Lease Agreement (Western Pacific Airlines Inc /De/)

BANKRUPTCY AND SIMILAR PROCEEDINGS. i. (i) Lessee shall consent to the appointment of a receiver, trustee or liquidator for itself or for a substantial part of its property and such appointment has a material adverse effect on the Lessee's ability to perform its obligations under this Agreementproperty; or (ii. ) Lessee shall admit in writing its inability to pay its debts generally as they become due, or Lessee shall make a general assignment for the benefit of creditors; or (iii) Lessee shall file a voluntary petition in bankruptcy or a voluntary petition or answer seeking reorganization in a proceeding under any laws dealing with bankruptcy, concurso mercantil, insolvency, moratorium or creditors' rights generally (any or all of which are hereinafter referred to as "Bankruptcy Laws") ”), or an answer admitting the material allegations of a petition filed against Lessee in any such proceeding, or Lessee shall by voluntary petition or answer or consent to or seek fail to oppose the seeking of relief under the provisions of any Bankruptcy Laws; or iii. (iv) any order, judgment or decree is entered by a court of competent jurisdiction appointing a receiver, trustee or liquidator of Lessee or a substantial part of its property and such appointment will have a material adverse effect on the Lessee's ability to perform its obligations under this Agreementproperty, or ordering a substantial part of Lessee's ’s property to be sequestered and such sequestering will have a material adverse effect on the Lessee's ability to perform its obligations under this Agreementsequestered, and such actions are is instituted or done with the consent of Lessee or, if instituted by another Person, the order, judgment or decree is not dismissed, remedied or relinquished within 60 30 days; or iv. (v) a petition against Lessee in a proceeding under any Bankruptcy Laws shall be filed and shall not be withdrawn or dismissed within 60 30 days thereafter, or if, under the provisions of any Bankruptcy Laws that may apply to Lessee, any court of competent jurisdiction shall assume jurisdiction, custody or control of Lessee or of any substantial part of its property and such assumption of jurisdiction, custody or control will have a material adverse effect on the Lessee's ability to perform its obligations under this Agreement and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of 60 daysproperty; or v. the Lessee enters into (vi) any step (including petition, proposal or convening a concurso mercantil, composition, meeting) is taken with a view to an assignment or arrangement with any creditors of, or the reorganization, rehabilitation, administration, or liquidation, or dissolution of, the Lessee or any other insolvency proceedings involving Lessee; or

Appears in 1 contract

Samples: Lease Agreement (Global Crossing Airlines Group Inc.)

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