Common use of Bankruptcy, Dissolution, etc Clause in Contracts

Bankruptcy, Dissolution, etc. Upon the commencement of any action for the dissolution or liquidation of Borrower, or the commencement of any proceeding to avoid any transaction entered into by Borrower, or the commencement of any case or proceeding for reorganization or liquidation of Borrower’s debts under the Bankruptcy Code or any other state or federal Law, now or hereafter enacted for the relief of debtors, whether instituted by or against Borrower; provided, however, that Borrower shall have forty-five (45) days to obtain the dismissal or discharge of involuntary proceedings filed against it, it being understood that during such forty-five (45) day period, Lender shall not be obligated to make Advances hereunder and Lender may seek adequate protection in any bankruptcy proceeding; or

Appears in 4 contracts

Samples: Loan Documents (Newtek Business Services Corp.), Loan and Security Agreement (Newtek Business Services, Inc.), Loan and Security Agreement (Newtek Business Services, Inc.)

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Bankruptcy, Dissolution, etc. Upon upon the commencement of any action for the dissolution or liquidation of Borrower, or the commencement of any proceeding to avoid any transaction entered into by Borrower, or the commencement of any case or proceeding for reorganization or liquidation of Borrower’s debts under the Bankruptcy Code or any other state or federal Lawlaw, now or hereafter enacted for the relief of debtors, whether instituted by or against Borrower; provided, provided however, that Borrower shall have forty-five sixty (4560) days to obtain the dismissal or discharge of involuntary proceedings filed against it, it being understood that during such forty-five sixty (4560) day period, Lender shall not be obligated to make Advances hereunder and Lender may seek adequate protection in any bankruptcy proceeding; or

Appears in 3 contracts

Samples: Loan and Security Agreement (KeyStone Solutions, Inc.), Revolving Loan Agreement (Harris & Harris Group Inc /Ny/), Loan and Security Agreement (Colony Rih Holdings Inc)

Bankruptcy, Dissolution, etc. Upon upon the commencement of any action for the dissolution or liquidation of Borrower, or the commencement of any proceeding to avoid any transaction entered into by Borrower, or the commencement of any case or proceeding for reorganization or liquidation of Borrower’s 's debts under the Bankruptcy Code or any other state or federal Lawlaw, now or hereafter enacted for the relief of debtors, whether instituted by or against Borrower; provided, however, that Borrower shall have forty-five sixty (4560) days to obtain the dismissal or discharge of involuntary proceedings filed against it, it being understood that during such forty-five sixty (4560) day period, no Lender shall not be obligated to make Advances hereunder and Lender Agent may seek adequate protection in any bankruptcy proceeding; or

Appears in 3 contracts

Samples: Loan and Security Agreement (Fidelity Leasing Inc), Loan and Security Agreement (Resource America Inc), Loan and Security Agreement (Resource America Inc)

Bankruptcy, Dissolution, etc. Upon upon the commencement of any action for the dissolution or liquidation of any Borrower, or the commencement of any proceeding to avoid any transaction entered into by any Borrower, or the commencement of any case or proceeding for reorganization or liquidation of any Borrower’s debts under the Bankruptcy Code or any other state or federal Lawlaw, now or hereafter enacted for the relief of debtors, whether instituted by or against any Borrower; provided, provided however, that any Borrower shall have forty-five sixty (4560) days to obtain the dismissal or discharge of involuntary proceedings filed against it, it being understood that during such forty-five sixty (4560) day period, Lender shall not be obligated to make Advances hereunder and Lender may seek adequate protection in any bankruptcy proceeding; or

Appears in 2 contracts

Samples: Loan and Security Agreement (Amerinac Holding Corp.), Loan and Security Agreement (Amerinac Holding Corp.)

Bankruptcy, Dissolution, etc. Upon upon the commencement of any action for the dissolution or liquidation of Borrowerany of the Borrowers, or the commencement of any proceeding to avoid any transaction entered into by Borrowerany of the Borrowers, or the commencement of any case or proceeding for reorganization or liquidation of any Borrower’s debts under the Bankruptcy Code or any other state or federal Law, law now or hereafter enacted for the relief of debtors, whether instituted by or against BorrowerBorrowers; provided, however, that Borrower the Borrowers shall have forty-five (45) days to obtain the dismissal or discharge of involuntary proceedings filed against itthem, it being understood that during such forty-five (45) day period, Lender shall be not be obligated to make Advances or Term Advances hereunder and Lender may seek adequate protection in any bankruptcy proceeding; or

Appears in 2 contracts

Samples: Loan and Security Agreement (Providence Service Corp), Loan and Security Agreement (Providence Service Corp)

Bankruptcy, Dissolution, etc. Upon upon the commencement of any action for the dissolution or liquidation of Borrower, or the commencement of any proceeding to avoid any transaction entered into by Borrower, or the commencement of any case or proceeding for reorganization or liquidation of Borrower’s 's debts under the Bankruptcy Code or any other state or federal Lawlaw, now or hereafter enacted for the relief of debtors, whether instituted by or against Borrower; provided, provided however, that Borrower shall have forty-five thirty (4530) days to obtain the dismissal or discharge of involuntary proceedings filed against it, it being understood that during such forty-five thirty (4530) day period, Lender shall not be obligated to make Advances hereunder and Lender may seek adequate protection in any bankruptcy proceeding; or

Appears in 2 contracts

Samples: Loan and Security Agreement (WPCS International Inc), Loan and Security Agreement (American Technical Ceramics Corp)

Bankruptcy, Dissolution, etc. Upon the commencement of any action for the dissolution or liquidation of Borrower, or the commencement of any proceeding to avoid any transaction entered into by Borrower, or the commencement of any case or proceeding for reorganization or liquidation of Borrower’s debts under the Bankruptcy Code or any other state or federal Law, now or hereafter enacted for the relief of debtors, whether instituted by or against Borrower; provided, however, that Borrower shall have forty-five (45) days to obtain the dismissal or discharge of involuntary proceedings filed against it, it being understood that during such forty-five (45) day period, neither Administrative Agent nor any Lender shall not be obligated to make Advances hereunder and Administrative Agent and each Lender may seek adequate protection in any bankruptcy proceeding; oror 74

Appears in 1 contract

Samples: Loan and Security Agreement (Newtek Business Services Corp.)

Bankruptcy, Dissolution, etc. Upon upon the commencement of any action for the dissolution or liquidation of Borrower, or the commencement of any proceeding to avoid any transaction entered into by Borrower, or the commencement of any case or proceeding for reorganization or liquidation of Borrower’s debts under the Bankruptcy Code or any other state or federal Lawlaw, now or hereafter enacted for the relief of debtors, whether instituted by or against Borrower; provided, however, that Borrower shall have forty-five sixty (4560) days to obtain the dismissal or discharge of involuntary proceedings filed against it, it being understood that during such forty-five (45) sixty day period, Lender Lxxxxx shall not be obligated to make Advances hereunder and Lender Lxxxxx may seek adequate protection in any bankruptcy proceeding; or;

Appears in 1 contract

Samples: Loan and Security Agreement (Soluna Holdings, Inc)

Bankruptcy, Dissolution, etc. Upon the commencement of any action for the dissolution or liquidation of Borrower, or the commencement of any proceeding to avoid any transaction entered into by Borrower, or the commencement of any case or proceeding for reorganization or liquidation of Borrower’s debts under the Bankruptcy Code or any other state or federal Law, now or hereafter enacted for the relief of debtors, whether instituted by or against Borrower; provided, however, that Borrower shall have forty-five (45) days to obtain the dismissal or discharge of involuntary proceedings filed against it, it being understood that during such forty-five (45) day period, neither Administrative Agent nor any Lender shall not be obligated to make Advances hereunder and Lender may seek adequate protection in any bankruptcy proceeding; orobligated

Appears in 1 contract

Samples: Loan and Security Agreement (Newtek Business Services Corp.)

Bankruptcy, Dissolution, etc. Upon upon the commencement of any action for the dissolution or liquidation of Borrower, or the commencement of any proceeding to avoid any transaction entered into by Borrower, or the commencement of any case or proceeding for reorganization or liquidation of Borrower’s debts under the Bankruptcy Code or any other state or federal Lawlaw, now or hereafter enacted for the relief of debtors, whether instituted by or against Borrower; provided, provided however, that Borrower shall have forty-five (45) days to obtain the dismissal or discharge of involuntary proceedings filed against it, it being understood that during such forty-five (45) day period, Lender shall not be obligated to make Advances hereunder and Lender may seek adequate protection in any bankruptcy proceeding; or

Appears in 1 contract

Samples: Loan and Security Agreement (Newtek Business Services Inc)

Bankruptcy, Dissolution, etc. Upon upon the commencement of any action for the dissolution or liquidation of Borrower, or the commencement of any proceeding to avoid any transaction entered into by Borrower, or the commencement of any case or proceeding for reorganization or liquidation of Borrower’s , or any of its debts under the Bankruptcy Code or any other state or federal Lawlaw, now or hereafter enacted for the relief of debtors, whether instituted by or against any Borrower; provided, however, that Borrower shall have forty-five sixty (4560) days to obtain the dismissal or discharge of involuntary proceedings filed against itBorrower, it being understood that during such forty-five sixty (4560) day period, Lender shall not be obligated to make Advances hereunder and Lender may seek adequate protection in any bankruptcy proceeding; or

Appears in 1 contract

Samples: Credit Agreement (Green Plains Renewable Energy, Inc.)

Bankruptcy, Dissolution, etc. Upon the commencement of any action for the dissolution or liquidation of Borrower, or the commencement of any proceeding to avoid any transaction entered into by Borrower, or the commencement of any case or proceeding for reorganization or liquidation of Borrower’s debts under the Bankruptcy Code or any other state or federal Lawlaw, now or hereafter enacted for the relief of debtors, whether instituted by or against Borrower; provided, however, that Borrower shall have forty-five (45) days to obtain the dismissal or discharge of involuntary proceedings filed against it, it being understood that during such forty-five (45) day period, Lender shall not be obligated to make Advances hereunder and Lender may seek adequate protection in any bankruptcy proceeding; or

Appears in 1 contract

Samples: Loan and Security Agreement (Newtek Business Services Inc)

Bankruptcy, Dissolution, etc. Upon upon the commencement of any action for the dissolution or liquidation of either Borrower, or the commencement of any proceeding to avoid any transaction entered into by either Borrower, or the commencement of any case or proceeding for reorganization or liquidation of either Borrower’s debts under the Bankruptcy Code or any other state or federal Lawlaw, now or hereafter enacted for the relief of debtors, whether instituted by or against either Borrower; provided, however, that such Borrower shall have forty-five (45) days to obtain the dismissal or discharge of involuntary proceedings filed against it, it being understood that during such forty-five (45) day period, Lender shall not be obligated to make Advances hereunder and Lender may seek adequate protection in any bankruptcy proceeding; or

Appears in 1 contract

Samples: Loan and Security Agreement (Newtek Business Services Inc)

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Bankruptcy, Dissolution, etc. Upon upon the commencement of any ---------------------------- action for the dissolution or liquidation of either Borrower, or the commencement of any proceeding to avoid any transaction entered into by either Borrower, or the commencement of any case or proceeding for reorganization or liquidation of either Borrower’s 's debts under the Bankruptcy Code or any other state or federal Lawlaw, now or hereafter enacted for the relief of debtors, whether instituted by or against such Borrower; provided, however, that such Borrower shall have forty-five (45) days to obtain the dismissal or discharge of involuntary proceedings filed against it, it being understood that during such forty-five (45) day period, Lender shall not be obligated to make Advances hereunder and Lender may seek adequate protection in any bankruptcy proceeding; or

Appears in 1 contract

Samples: Loan and Security Agreement (Bankvest Capital Corp)

Bankruptcy, Dissolution, etc. Upon upon the commencement of any action for the dissolution or liquidation of Borrower, or the commencement of any proceeding to avoid any transaction entered into by Borrower, or the commencement of any case or proceeding for reorganization or liquidation of Borrower’s debts under the Bankruptcy Code or any other state or federal Lawlaw, now or hereafter enacted for the relief of debtors, whether instituted by or against Borrower; provided, provided however, that Borrower shall have forty-five thirty (4530) days to obtain the dismissal or discharge of involuntary proceedings filed against it, it being understood that during such forty-five thirty (4530) day period, Lender shall not be obligated to make Advances hereunder and Lender may seek adequate protection in any bankruptcy proceeding; or

Appears in 1 contract

Samples: Loan and Security Agreement ('Mktg, Inc.')

Bankruptcy, Dissolution, etc. Upon upon the commencement of any action for the dissolution or liquidation of Borrower, or the commencement of any proceeding to avoid any transaction entered into by Borrower, or the commencement of any case or proceeding for reorganization or liquidation of Borrower’s 's debts under the Bankruptcy Code or any other state or federal Lawlaw, now or hereafter enacted for the relief of debtors, whether instituted by or against Borrower; provided, provided however, that Borrower shall have forty-five ninety (4590) days to obtain the dismissal or discharge of involuntary proceedings filed against it, it being understood that during such forty-five ninety (4590) day period, Lender shall not be obligated to make Advances hereunder and Lender may seek adequate protection in any bankruptcy proceeding; or

Appears in 1 contract

Samples: Loan and Security Agreement (Blonder Tongue Laboratories Inc)

Bankruptcy, Dissolution, etc. Upon upon the commencement of any action for the dissolution or liquidation of any Borrower, or the commencement of any proceeding to avoid any transaction entered into by any Borrower, or the commencement of any case or proceeding for reorganization or liquidation of any Borrower’s 's debts under the Bankruptcy Code or any other state or federal Lawlaw, now or hereafter enacted for the relief of debtors, whether instituted by or against such Borrower; provided, however, that such Borrower shall have forty-five ninety (4590) days to obtain the dismissal or discharge of involuntary proceedings filed against it, it being understood that during such forty-five ninety (4590) day period, no Lender shall not be obligated to make Advances hereunder and Lender Agent may seek adequate protection in any bankruptcy proceeding; or

Appears in 1 contract

Samples: Credit Agreement (Phoenix Md Realty LLC)

Bankruptcy, Dissolution, etc. Upon upon the commencement of any action for the dissolution or liquidation of any Borrower, or the commencement of any proceeding to avoid any transaction entered into by any Borrower, or the commencement of any case or proceeding for reorganization or liquidation of any Borrower’s 's debts under the Bankruptcy Code or any other state or federal Lawlaw, now or hereafter enacted for the relief of debtors, whether instituted by or against such Borrower; providedPROVIDED, howeverHOWEVER, that such Borrower shall have forty-five ninety (4590) days to obtain the dismissal or discharge of involuntary proceedings filed against it, it being understood that during such forty-five ninety (4590) day period, no Lender shall not be obligated to make Advances hereunder and Lender Agent may seek adequate protection in any bankruptcy proceeding; or

Appears in 1 contract

Samples: Loan and Security Agreement (Phoenix Color Corp)

Bankruptcy, Dissolution, etc. Upon upon the commencement of any action for the dissolution or liquidation of Borrower, or the commencement of any proceeding to avoid any transaction entered into by Borrower, or the commencement of any case or proceeding for reorganization or liquidation of Borrower’s 's debts under the Bankruptcy Code or any other state or federal Lawlaw, now or hereafter enacted for the relief of debtors, whether instituted by or against Borrower; provided, provided however, that Borrower shall have forty-five (45) days to obtain the dismissal or discharge of involuntary proceedings filed against it, it being understood that during such forty-five (45) day period, Lender shall not be obligated to make Advances hereunder and Lender may seek adequate protection in any bankruptcy proceeding; or

Appears in 1 contract

Samples: Loan Agreement (Lightpath Technologies Inc)

Bankruptcy, Dissolution, etc. Upon upon the commencement of any action for the dissolution or liquidation of Borrower, Borrower or Financial or the commencement of any proceeding to avoid any transaction entered into by Borrowerany such entity, or the commencement of any case or proceeding for reorganization or liquidation of Borrower’s any such entity's debts under the Bankruptcy Code or any other state or federal Lawlaw, now or hereafter enacted for the relief of debtors, whether instituted by or against Borrowersuch entity; provided, however, that Borrower such entity shall have forty-five sixty (4560) days to obtain the dismissal or discharge of involuntary proceedings filed against it, it being understood that notwithstanding the discretionary nature of the Credit Facility, during such forty-five sixty (4560) day period, Lender shall not be obligated under no obligation to make Advances hereunder and Lender may seek adequate protection in any bankruptcy proceeding; or

Appears in 1 contract

Samples: Master Loan and Security Agreement (T&w Financial Corp)

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