Bankruptcy Creditors. In the event of the Company's "insolvency," the assets of the Trust shall be available to pay the claims of any creditor of the Company to whom a distribution may be made in accordance with state and federal bankruptcy laws. The Company shall be deemed to be "insolvent" if it is either (a) unable to pay its debts and liabilities as they become due or (b) subject to a pending proceeding as a debtor under the federal Bankruptcy Code (or any successor federal statute) or any state bankruptcy code. In the event the Company becomes insolvent, the Board of Directors and the Chief Executive Officer of the Company shall notify the Trustee of the event as soon as practicable. Upon receipt of such notice, or if the Trustee receives other written allegations of the Company's insolvency from a third party considered by the Trustee to be reliable and responsible, the Trustee shall cease making any distributions from the assets of the Trust, shall hold the assets in the Trust for the benefit of the Company's creditors and shall take such steps as are necessary to determine within a reasonable period of time whether the Company is insolvent. In making such determination, the Trustee may rely upon a certificate of the Board of Directors and the Chief Executive Officer of the Company or a determination by a court of competent jurisdiction that the Company is or is not insolvent. In the case of the Trustee's determination of the Company's insolvency, the Trustee will deliver assets of the Trust to satisfy claims of the Company's creditors as directed pursuant to a final order of a court of competent jurisdiction.
Bankruptcy Creditors. 17 17.2 RESUMPTION OF BENEFITS; RESTORATION OF ACCOUNTS................... 18 SECTION 18 CONSOLIDATION, MERGER OR SALE OF THE COMPANY..................... 18 18.1 CONSOLIDATION, MERGER OR SALE OF THE COMPANY...................... 18
Bankruptcy Creditors. 18 17.2 Resumption of Benefits, Restoration of Accounts. . . . . . . . . . . . . . . . .18 SECTION 18 Consolidation, Merger or Sale of the Company .19 18.1 Consolidation, Merger or Sale of the Company . . . . . . . . . . . . . . .19
Bankruptcy Creditors. 24 17.2 Resumption of Benefits, Restoration of Accounts............... 25
Bankruptcy Creditors. In the event of the Company's "insolvency," the assets of the Trust shall be available to pay the claims of any creditor of the Company to whom a distribution may be made in accordance with state and federal bankruptcy laws. The Company shall be deemed to be "insolvent" if it is either (a) unable to pay its debts and liabilities as they become due or (b) subject to a pending proceeding as a debtor under the federal Bankruptcy Code (or any successor federal statute) or any state bankruptcy code. In the event the Company
Bankruptcy Creditors. In the event of the Company's "insolvency," the assets of the Trust shall be available to pay the claims of any creditor of the Company to whom a distribution may be made in accordance with state and federal bankruptcy laws. The Company shall be deemed to be "insolvent" if such Company is subject to a pending proceeding as a debtor under the federal Bankruptcy Code (or any successor federal statute) or any state bankruptcy code. In the event the Company becomes insolvent, the Chief Executive Officer of the Company shall notify the Trustee of the event as soon as practicable. Upon receipt of such notice, or if the Trustee receives other written allegations of such Company's insolvency from a third party considered by the Trustee to be reliable and responsible, the Trustee shall cease making payments of Benefits from the assets of the Trust, shall hold the assets in the Trust for the benefit of such Company's creditors and shall take such steps as are necessary to determine within a reasonable period of time whether such Company is insolvent. In making such determination, the Trustee may rely upon a certificate of the Board of Directors and the Chief Executive Officer of the Company or a determination by a court of competent jurisdiction that the Company is or is not insolvent. In the case of the Trustee's determination of the Company's insolvency, the Trustee will deliver assets of the Trust to satisfy claims of the Company's creditors as directed pursuant to a final order of a court of competent jurisdiction. The Trustee shall reduce the amounts allocated to each Executive's Account by a pro rata portion of any amount so delivered, based on the value of Executives' Accounts on the last business day of the calendar quarter immediately prior to the calendar quarter in which such amount is delivered.
Bankruptcy Creditors. To the knowledge of the undersigned, no proceeding in Bankruptcy has been instituted by or against the entity in any court or before any officer of any state or of the United States, nor has the entity at any time made an assignment for the benefit of creditors. 0000 Xxxx Xxxxxx L.P. a Delaware limited partnership Name: Title: Sworn to before me this _______ day of ______________, 200__ NOTARY PUBLIC AMERICAN ARBITRATION ASSOCIATION x SOTHEBY’S, INC., : Claimant, : Case No. 50 115 T 00190 07 0000 XXXX XXXXXX L.P., : Respondent. x
Bankruptcy Creditors. Seller has not:
(i) made a general assignment for the benefit of creditors;
(ii) filed any voluntary petition in bankruptcy or suffered the filing of any involuntary petition by Xxxxxx's creditors;
(iii) suffered the appointment of a receiver to take possession of all or substantially all of Seller's assets;
(iv) suffered the attachment or other judicial seizure of all, or substantially all, of Seller's assets;
(v) admitted in writing its inability to pay its debts as they come due; or
(vi) made an offer of settlement, extension or compensation to its creditors generally.
