Common use of Bankruptcy, Dissolution, etc Clause in Contracts

Bankruptcy, Dissolution, etc. upon the commencement of any action for the dissolution or liquidation of Borrowers, or any of them, or the commencement of any proceeding to avoid any transaction entered into by Borrowers, or any of them, or the commencement of any case or proceeding for reorganization or liquidation of Borrowers’, or any of their 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 any Borrower; provided, however, that Borrowers shall have forty-five (45) days to obtain the dismissal or discharge of involuntary proceedings filed against a Borrower, it being understood that during such forty-five (45) day period, Lender shall be not 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 (Healthessentials Solutions Inc), Loan and Security Agreement (New York Health Care Inc)

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Bankruptcy, Dissolution, etc. upon the commencement of any action for the dissolution or liquidation of Borrowers, any Borrower or any of themSurety, or the commencement of any proceeding to avoid any transaction entered into by Borrowers, any Borrower or any of themSurety, or the commencement of any case or proceeding for reorganization or liquidation of Borrowers’, any Borrower's or any of their Surety'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 any BorrowerBorrower or Surety; provided, however, that Borrowers such Borrower or Surety shall have forty-five (45) days to obtain the dismissal or discharge of involuntary proceedings filed against a Borrowerit, it being understood that during such forty-five (45) day period, Lender shall not be not 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 (Staff Builders Inc /De/)

Bankruptcy, Dissolution, etc. upon the commencement of any action for the dissolution or liquidation of Borrowers, or any of themBorrower, or the commencement of any proceeding to avoid any transaction entered into by Borrowers, or any of themBorrower, or the commencement of any case or proceeding for reorganization or liquidation of Borrowers’, or any of their Borrower’s debts under the Bankruptcy Code of the United States (11 U.S.C. § 100 et seq.) or any other state or federal law, now or hereafter enacted for the relief of debtors, whether instituted by or against any Borrower; provided, provided however, that Borrowers Borrower shall have forty-five sixty (4560) days to obtain the dismissal or discharge of involuntary proceedings filed against a Borrowerit under the Bankruptcy Code of the United States or any other action or proceeding described in this paragraph, it being understood that during such forty-five sixty (4560) day period, Lender shall not be not 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 (Point Therapeutics Inc)

Bankruptcy, Dissolution, etc. upon the commencement of any action for the dissolution or liquidation of Borrowers, or any of them, or the commencement of any proceeding to avoid any transaction entered into by Borrowers, or any of them, or the commencement of any case or proceeding for reorganization or liquidation of Borrowers', or any of their 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 any Borrower; provided, however, that Borrowers shall have forty-five (45) days to obtain the dismissal or discharge of involuntary proceedings filed against a Borrower, it being understood that during such forty-five (45) day period, Lender shall be not 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 (Orion Healthcorp Inc)

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Bankruptcy, Dissolution, etc. upon the commencement of any action for the dissolution or liquidation of Borrowers, or any of themthe Borrowers, or the commencement of any proceeding to avoid any transaction entered into by Borrowers, or any of themthe Borrowers, or the commencement of any case or proceeding for reorganization or liquidation of Borrowers’, or any of their the Borrowers' 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 any Borrowerof the Borrowers; provided, provided however, that Borrowers shall have forty-five (45) days to obtain the dismissal or discharge of an involuntary proceedings proceeding filed against a any Borrower, ; it being understood that during such forty-five (45) day period, Lender shall not be not 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 (Tender Loving Care Health Care Services Inc/ Ny)

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