Bankruptcy, etc. The Parent or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent or any of its Subsidiaries and the petition is not controverted within 10 days after service of summons, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent or any of its Subsidiaries or the Parent or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent or any of its Subsidiaries or there is commenced against the Parent or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Parent or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 5 contracts
Samples: Credit Agreement (Atwood Oceanics Inc), Credit Agreement (Atwood Oceanics Inc), Credit Agreement (Atwood Oceanics Inc)
Bankruptcy, etc. The Parent Parent, any of its Subsidiaries or any of its Non-Recourse Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent Parent, any of its Subsidiaries or any of its Non-Recourse Subsidiaries and the petition is not controverted within 10 20 days after service of summons, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent or Parent, any of its Subsidiaries or any of its Non-Recourse Subsidiaries or the Parent Parent, any of its Subsidiaries or any of its Non-Recourse Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Parent, any of its Subsidiaries or any of its Non-Recourse Subsidiaries or there is commenced against the Parent Parent, any of its Subsidiaries or any of its Non-Recourse Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Parent Parent, any of its Subsidiaries or any of its Non-Recourse Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Parent, any of its Subsidiaries or any of its Non-Recourse Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Parent, any of its Subsidiaries or any of its Non-Recourse Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Parent, any of its Subsidiaries or any of its Non-Recourse Subsidiaries for the purpose of effecting any of the foregoing, provided that, in the case of any Non-Recourse Subsidiary, it shall not be a Default or Event of Default under this Section 10.05 unless the aggregate principal amount of all Indebtedness incurred by such Non-Recourse Subsidiary pursuant to Section 9.17 exceeds $15,000,000; or
Appears in 4 contracts
Samples: Credit Agreement (Gener8 Maritime, Inc.), Credit Agreement (Gener8 Maritime, Inc.), Credit Agreement (General Maritime Corp / MI)
Bankruptcy, etc. The Parent Any Borrower, Guarantor or any of its Subsidiaries Material Subsidiary shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent any Borrower, Guarantor or any of its Subsidiaries Material Subsidiary, and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) ), receiver, receiver manager, monitor, trustee or the like is appointed for, or takes charge of, all or substantially all of the property of the Parent any Borrower, Guarantor or any of its Subsidiaries or the Parent Material Subsidiary, or any of its Subsidiaries Borrower, Guarantor or any Material Subsidiary commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction (including Canadian Insolvency Law) whether now or hereafter in effect relating to the Parent any Borrower, Guarantor or any of its Subsidiaries Material Subsidiary, or there is commenced against the Parent any Borrower, Guarantor or any of its Subsidiaries Material Subsidiary any such proceeding which remains undismissed for a period of 60 days, or the Parent any Borrower, Guarantor or any of its Subsidiaries Material Subsidiary is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent any Borrower, Guarantor or any of its Subsidiaries Material Subsidiary suffers any appointment of any custodian custodian, receiver, receiver manager, monitor, or trustee or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent any Borrower, Guarantor or any of its Subsidiaries Material Subsidiary makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent any Borrower, Guarantor or any of its Subsidiaries Material Subsidiary for the purpose of effecting any of the foregoing; or
Appears in 4 contracts
Samples: Credit Agreement (Silgan Holdings Inc), Credit Agreement (Silgan Holdings Inc), Credit Agreement (Silgan Holdings Inc)
Bankruptcy, etc. The Parent Magellan or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent Magellan or any of its Subsidiaries Subsidiaries, and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Magellan or any of its Subsidiaries which custodian is not dismissed within 60 days after the date of such appointment or the Parent date such custodian takes charge, or Magellan or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Magellan or any of its Subsidiaries Subsidiaries, or there is commenced against the Parent Magellan or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Parent Magellan or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Magellan or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Magellan or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent corporate, limited liability company or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate similar action is taken by the Parent Magellan or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 4 contracts
Samples: Credit Agreement (Magellan Health Inc), Credit Agreement (Magellan Health Inc), Credit Agreement (Magellan Health Inc)
Bankruptcy, etc. The Parent Holdings, the Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against Holdings, the Parent Borrower or any of its Subsidiaries and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Parent Borrower or any of its Subsidiaries Subsidiaries; or Holdings, the Parent Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Parent Borrower or any of its Subsidiaries Subsidiaries; or there is commenced against Holdings, the Parent Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days; or Holdings, or the Parent Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or Holdings, the Parent Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or Holdings, the Parent Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by Holdings, the Parent Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 4 contracts
Samples: Acquisition Credit Agreement (Universal Outdoor Inc), Revolving Credit Agreement (Universal Outdoor Holdings Inc), Consolidation and Amendment (Universal Outdoor Inc)
Bankruptcy, etc. The Parent Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent Borrower or any of its Subsidiaries Subsidiaries, and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, days after commencement of the casefiling thereof; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries Subsidiaries, to operate all or any substantial portion of the business of the Borrower or any of its Subsidiaries, or the Parent Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries Subsidiaries, or there is commenced against the Parent Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 daysdays after the filing thereof, or the Parent Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate Business action is taken by the Parent Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 4 contracts
Samples: Credit Agreement (NightHawk Radiology Holdings Inc), Second Lien Credit Agreement (HUGHES Telematics, Inc.), Credit Agreement (NightHawk Radiology Holdings Inc)
Bankruptcy, etc. The Parent Holdings or any of Credit Party or its respective Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent Holdings or any Credit Party or any of its respective Subsidiaries and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Holdings or any Credit Party or any of its Subsidiaries respective Subsidiaries; or the Parent Holdings or any Credit Party or any of its respective Subsidiaries commences any other proceeding under any bankruptcy, reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect effect, including without limitation, the Bankruptcy and Insolvency Act (Canada) and the Companies' Creditors Arrangement Act (Canada), relating to the Parent Holdings or any Credit Party or any of its Subsidiaries respective Subsidiaries; or there is commenced against the Parent Holdings or any Credit Party or any of its respective Subsidiaries any such proceeding which remains undismissed for a period of 60 days; or a receiver, receiver and manager, administrator, liquidator, trustee or other person or officer with like powers shall be appointed, either by private appointment or by order of a court of competent jurisdiction, with respect to, or the Parent an encumbrancer shall take possession of, assets of Holdings or any Credit Party or any of its Subsidiaries; or any person presents a petition for the winding-up or the administration of Holdings or any Credit Party or any of its Subsidiaries and such petition remains undismissed for a period of 60 days; or Holdings or any Credit Party or any of its respective Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Holdings or any Credit Party or any of its respective Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Holdings or any Credit Party or any of its respective Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Holdings or any Credit Party or any of its respective Subsidiaries for the purpose of discussing or effecting any of the foregoing; or
Appears in 3 contracts
Samples: Credit Agreement (MMH Holdings Inc), Credit Agreement (MMH Holdings Inc), Credit Agreement (Morris Material Handling Inc)
Bankruptcy, etc. The Parent Parent, the Company or any of its Subsidiaries (other than an Immaterial Subsidiary) shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against Parent, the Parent Company or any of its Subsidiaries (other than an Immaterial Subsidiary), and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, days after commencement of the casefiling thereof; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of Parent, the Parent Company or any of its Subsidiaries (other than an Immaterial Subsidiary), to operate all or any substantial portion of the Parent business of Parent, the Company or any of its Subsidiaries (other than an Immaterial Subsidiary), or Parent, the Company or any of its Subsidiaries (other than an Immaterial Subsidiary) commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Parent, the Parent Company or any of its Subsidiaries (other than an Immaterial Subsidiary), or there is commenced against Parent, the Parent Company or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 daysdays after the filing thereof, or Parent, the Parent Company or any of its Subsidiaries (other than an Immaterial Subsidiary) is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or Parent, the Parent Company or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent or any of its Subsidiaries (other than an Immaterial Subsidiary) makes a general assignment for the benefit of creditors; or any petition is presented (and in Parent, the case of a petition presented by a Person other than the Parent Company or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of (other than an Immaterial Subsidiary) shall fail generally to pay its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent or any of its Subsidiaries for the purpose of effecting any of the foregoingdebts as they become due; or
Appears in 3 contracts
Samples: Abl Credit Agreement (J.Jill, Inc.), Abl Credit Agreement (J.Jill, Inc.), Abl Credit Agreement (J.Jill, Inc.)
Bankruptcy, etc. The Parent Any Credit Party or any of its their respective Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent any Credit Party or any of its Subsidiaries their respective Subsidiaries, and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 daysdays after the filing thereof; provided, after commencement however, that during the pendency of the casesuch period, each Lender shall be relieved of its obligation to extend credit hereunder; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent any Credit Party or any of its Subsidiaries their respective Subsidiaries, to operate all or any substantial portion of the Parent business of any Credit Party or any of its their respective Subsidiaries, or any Credit Party or any of their respective Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency insolvency, bankruptcy or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent any Credit Party or any of its their respective Subsidiaries (including any Canadian Insolvency Law), or there is commenced against the Parent any Credit Party or any of its their respective Subsidiaries any such proceeding which remains undismissed for a period of 60 daysdays after the filing thereof, or the Parent any Credit Party or any of its their respective Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent a receiver, receiver manager, administrator, custodian, monitor, trustee or other similar official is appointed for it or for any substantial portion of its assets; or any Credit Party or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent or any of its their respective Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate Business action is taken by the Parent any Credit Party or any of its their respective Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 3 contracts
Samples: Abl Credit Agreement (CVR Energy Inc), Abl Credit Agreement (CVR Refining, LP), Abl Credit Agreement (CVR Energy Inc)
Bankruptcy, etc. The Parent Holdings or any of its Restricted Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” ”, as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent Holdings or any of its Subsidiaries Restricted Subsidiaries, and the petition is not controverted within 10 days after service of summons30 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) ), receiver, receiver-manager, trustee, monitor is appointed for, or takes charge of, all or substantially all of the property of the Parent Holdings or any of its Subsidiaries Restricted Subsidiaries, or the Parent Holdings or any of its Restricted Subsidiaries commences any other proceeding under any reorganization, bankruptcy, insolvency, arrangement, winding-up, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Holdings or any of its Restricted Subsidiaries (including without limitation with respect to the Canadian Borrower or any Canadian Subsidiary Guarantor under any Canadian Insolvency Law), or there is commenced against the Parent Holdings or any of its Restricted Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Parent Holdings or any of its Restricted Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Holdings or any of its Restricted Subsidiaries suffers any appointment of any custodian custodian, receiver, receiver-manager, trustee, monitor or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Holdings or any of its Restricted Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent corporate, limited liability company or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate similar action is taken by the Parent any Credit Agreement Party or any of its their Restricted Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 3 contracts
Samples: Credit Agreement (Bway Parent Company, Inc.), Credit Agreement (Phoenix Container, Inc.), Credit Agreement (BWAY Holding CO)
Bankruptcy, etc. The Parent Holdings, the Borrower or any of its their --------------- respective Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in ---------- effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case --------------- is commenced against Holdings, the Parent Borrower or any of its their respective Subsidiaries and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Parent Borrower or any of its Subsidiaries their respective Subsidiaries, or Holdings, the Parent Borrower or any of its their respective Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Parent Borrower or any of its Subsidiaries their respective Subsidiaries, or there is commenced against Holdings, the Parent Borrower or any of its their respective Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or Holdings, the Parent Borrower or any of its their respective Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or Holdings, the Parent Borrower or any of its their respective Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or Holdings, the Parent Borrower or any of its their respective Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by Holdings, the Parent Borrower or any of its their respective Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 3 contracts
Samples: Credit Agreement (Coinmach Laundry Corp), Credit Agreement (Coinmach Laundry Corp), Credit Agreement (Coinmach Corp)
Bankruptcy, etc. The Parent Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent Borrower or any of its Subsidiaries Subsidiaries, and the petition is not controverted within 10 days after service of summonsdays, or is not stayed or dismissed within and remains in effect after 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries Subsidiaries, or the Parent Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries Subsidiaries, or there is commenced against the Parent Borrower or any of its Subsidiaries any such proceeding which remains undismissed or unstayed for a period of 60 days, or the Parent Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 3 contracts
Samples: Credit Agreement (Assured Guaranty LTD), Credit Agreement (Radian Group Inc), Credit Agreement (Radian Group Inc)
Bankruptcy, etc. The Parent Aleris or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent Aleris or any of its Subsidiaries Subsidiaries, and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Aleris or any of its Subsidiaries Subsidiaries, or the Parent Aleris or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency insolvency, bankruptcy or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Aleris or any of its Subsidiaries Subsidiaries, or there is commenced against the Parent Aleris or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Parent Aleris or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order sought in or approving any such case or proceeding is entered; or the Parent Aleris or any of its Subsidiaries suffers any appointment of any receiver, receiver-manager, monitor, trustee in bankruptcy, custodian or the like for it or any substantial part of its property to continue (which, continues undischarged or unstayed for a period of 60 daysdays or is consented to by Aleris or any of its Subsidiaries); or the Parent Aleris or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent corporate, limited liability company or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate similar action is taken by the Parent Aleris or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 3 contracts
Samples: Term Loan Agreement (Aleris International, Inc.), Bridge Loan Credit Agreement (Aleris International, Inc.), Credit Agreement (Aleris International, Inc.)
Bankruptcy, etc. The Parent Company or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent Company or any of its Subsidiaries and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Company or any of its Subsidiaries or the Parent Company or any of its Subsidiaries commences (including by way of applying for or consenting to the appointment of, or the taking of possession by, a rehabilitator, receiver, custodian, trustee, conservator or liquidator (collectively, a "conservator") of itself or all or any substantial portion of its property) any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation insolvency, liquidation, rehabilitation, supervision, conservatorship or similar law of any jurisdiction or the Bermuda Companies Law whether now or hereafter in effect relating to the Parent Company or any of its Subsidiaries Subsidiaries; or there any such proceeding is commenced against (a) any Regulated Insurance Company which is engaged in the Parent business of underwriting insurance and/or reinsurance, or (b) the Company or any of its Subsidiaries any Subsidiaries, and in the case of either clause (a) or (b) such proceeding which remains undismissed for a period of 60 is not controverted within 10 days, or is not dismissed within 60 days; or the Parent Company or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or (x) any Regulated Insurance Company which is engaged in the Parent business of underwriting insurance and/or reinsurance suffers any appointment of any conservator or the like for it or any substantial part of its property, or (y) the Company or any of its Subsidiaries suffers any appointment of any custodian conservator or the like for it or any substantial part of its property to continue which continues undischarged or unstayed for a period of 60 days; or the Parent Company or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Company or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 3 contracts
Samples: Credit Agreement (Quanta Capital Holdings LTD), Credit Agreement (Quanta Capital Holdings LTD), Credit Agreement (Quanta Capital Holdings LTD)
Bankruptcy, etc. The Parent Holdings or any of its the Restricted Subsidiaries (other than any Immaterial Subsidiary) shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”)) or any other applicable Debtor Relief Law; or an involuntary case is commenced against the Parent Holdings or any of its the Restricted Subsidiaries (other than any Immaterial Subsidiary), and the petition is not controverted within 10 days after service of summons, or is not dismissed within 60 sixty (60) days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) ), receiver, receiver-manager, trustee, monitor is appointed for, or takes charge of, all or substantially all of the property of the Parent Holdings or any of its the Restricted Subsidiaries (other than any Immaterial Subsidiary), or the Parent Holdings or any of its the Restricted Subsidiaries (other than any Immaterial Subsidiary) commences any other proceeding Insolvency or Liquidation Proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation Debtor Relief Law or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Holdings or any of its the Restricted Subsidiaries (other than any Immaterial Subsidiary), or there is commenced against the Parent Holdings or any of its the Restricted Subsidiaries (other than any Immaterial Subsidiary) any such proceeding Insolvency or Liquidation Proceeding which remains undismissed for a period of 60 sixty (60) days, or the Parent Holdings or any of its the Restricted Subsidiaries (other than any Immaterial Subsidiary) is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case Insolvency or proceeding Liquidation Proceeding is entered; or the Parent Holdings or any of its the Restricted Subsidiaries (other than any Immaterial Subsidiary) suffers any appointment of any custodian custodian, receiver, receiver-manager, trustee, monitor or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 sixty (60) days; or the Parent Holdings or any of its the Restricted Subsidiaries (other than any Immaterial Subsidiary) makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent corporate, limited liability company or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate similar action is taken by the Parent Holdings or any of its the Restricted Subsidiaries (other than any Immaterial Subsidiary) for the purpose of effecting any of the foregoing; or
Appears in 3 contracts
Samples: Credit Agreement (Iridium Communications Inc.), Credit Agreement (Iridium Communications Inc.), Credit Agreement (Iridium Communications Inc.)
Bankruptcy, etc. The Parent Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent Borrower or any of its Subsidiaries and the petition is not controverted within 10 days after service of summons, or is not dismissed within 60 daysdays after service of summons, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries Subsidiaries, or the Parent Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries Subsidiaries, or there is commenced against the Parent Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Parent Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 3 contracts
Samples: Credit Agreement (Flowers Foods Inc), Credit Agreement (Flowers Foods Inc), Credit Agreement (Flowers Foods Inc)
Bankruptcy, etc. The Parent Holdings or any of its Subsidiaries (other than an Immaterial Subsidiary) shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent Holdings or any of its Subsidiaries (other than an Immaterial Subsidiary), and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, days after commencement of the casefiling thereof; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Holdings or any of its Subsidiaries (other than an Immaterial Subsidiary), to operate all or any substantial portion of the Parent business of Holdings or any of its Subsidiaries (other than an Immaterial Subsidiary), or Holdings or any of its Subsidiaries (other than an Immaterial Subsidiary) commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Holdings or any of its Subsidiaries (other than an Immaterial Subsidiary), or there is commenced against the Parent Holdings or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 daysdays after the filing thereof, or the Parent Holdings or any of its Subsidiaries (other than an Immaterial Subsidiary) is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Holdings or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent or any of its Subsidiaries (other than an Immaterial Subsidiary) makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent Holdings or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of (other than an Immaterial Subsidiary) shall fail generally to pay its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent or any of its Subsidiaries for the purpose of effecting any of the foregoingdebts as they become due; or
Appears in 3 contracts
Samples: Term Loan Credit Agreement (J.Jill, Inc.), Term Loan Credit Agreement (J.Jill, Inc.), Subordinated Term Loan Credit Agreement (J.Jill, Inc.)
Bankruptcy, etc. The Parent Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent Borrower or any of its Subsidiaries and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed or discharged, within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries Subsidiaries, or the Parent Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries Subsidiaries, or there is commenced against the Parent Borrower or any of its Subsidiaries any such proceeding which remains undismissed or undischarged for a period of 60 days, or the Parent Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 3 contracts
Samples: Credit Agreement (Moovies Inc), Credit Agreement (Reckson Services Industries Inc), Credit Agreement (Vantas Inc)
Bankruptcy, etc. The Parent or any of the following shall occur:
(i) the Borrower, any of its Material Subsidiaries or any other Credit Party (the Borrower and each of such other persons, each a "PRINCIPAL PARTY") shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”"BANKRUPTCY CODE"); or or
(ii) an involuntary case is commenced against the Parent or any of its Subsidiaries Principal Party and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 90 days, after commencement of the case; or or
(iii) a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of any Principal Party; or
(iv) any Principal Party commences (including by way of applying for or consenting to the Parent appointment of, or the taking of possession by, a rehabilitator, receiver, custodian, trustee, conservator or liquidator (collectively, a "CONSERVATOR") of itself or all or any substantial portion of its Subsidiaries or the Parent or any of its Subsidiaries commences property) any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation insolvency, liquidation, rehabilitation, conservatorship or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent or such Principal Party; or
(v) any of its Subsidiaries or there such proceeding is commenced against any Principal Party to the Parent or any of its Subsidiaries any extent such proceeding which is consented by such person or remains undismissed for a period of 60 90 days, or the Parent or ; or
(vi) any of its Subsidiaries Principal Party is adjudicated insolvent or bankrupt; or or
(vii) any order of relief or other order approving any such case or proceeding is entered; or the Parent or or
(viii) any of its Subsidiaries Principal Party suffers any appointment of any custodian conservator or the like for it or any substantial part of its property to continue which continues undischarged or unstayed for a period of 60 90 days; or the Parent or or
(ix) any of its Subsidiaries Principal Party makes a general assignment for the benefit of creditors; or any petition is presented or
(and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or x) any corporate (or similar organizational) action is taken by the Parent or any of its Subsidiaries Principal Party for the purpose of effecting any of the foregoing; or
Appears in 3 contracts
Samples: Credit Agreement (Royal Appliance Manufacturing Co), Credit Agreement (Trover Solutions Inc), Credit Agreement (Royal Appliance Manufacturing Co)
Bankruptcy, etc. The Parent Holdings or any of its Significant Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent Holdings or any of its Subsidiaries Significant Subsidiaries, and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Holdings or any of its Subsidiaries Significant Subsidiaries, or the Parent Holdings or any of its Significant Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Holdings or any of its Subsidiaries Significant Subsidiaries, or there is commenced against the Parent Holdings or any of its Significant Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Parent Holdings or any of its Significant Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Holdings or any of its Significant Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Holdings or any of its Significant Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Holdings or any of its Significant Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 3 contracts
Samples: Credit Agreement (Universal Compression Inc), Credit Agreement (Universal Compression Holdings Inc), Credit Agreement (Universal Compression Holdings Inc)
Bankruptcy, etc. The Parent Borrower or any of its Subsidiaries Specified Subsidiary shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent Borrower or any of its Subsidiaries Specified Subsidiary and the petition is not controverted within 10 days after service commencement of summons, the case; or an involuntary case is commenced against the Borrower or any Specified Subsidiary and the petition is not dismissed within 60 days, days after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any Specified Subsidiary; or the Borrower or any Specified Subsidiary commences (including by way of applying for or consenting to the appointment of, or taking of possession by, a rehabilitation, receiver, custodian, trustee, conservator or liquidation (collectively, a “conservator”) of itself or all or any substantial portion of its Subsidiaries or the Parent or any of its Subsidiaries commences property) any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation insolvency, liquidation, rehabilitation, conservatorship or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries Specified Subsidiary; or there is commenced against the Parent Borrower or any of its Subsidiaries Specified Subsidiary any such proceeding which that remains undismissed for a period of 60 days, ; or the Parent Borrower or any of its Subsidiaries Specified Subsidiary is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Borrower or any of its Subsidiaries Specified Subsidiary suffers any appointment of any custodian conservator or the like for it or any substantial part of its property to property, which appointment shall continue undischarged or unstayed for a period of 60 days; or the Parent Borrower or any of its Subsidiaries Specified Subsidiary makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrower or any of its Subsidiaries Specified Subsidiary for the purpose of effecting any of the foregoing; or
Appears in 3 contracts
Samples: Credit Agreement (Bristol West Holdings Inc), Credit Agreement (Bristol West Holdings Inc), Credit Agreement (Bristol West Holdings Inc)
Bankruptcy, etc. The Parent Guarantor or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent Guarantor or any of its Subsidiaries and the petition is not controverted within 10 30 days after service of summons (or such longer period as may be provided by such summons), or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Guarantor or any of its Subsidiaries Subsidiaries, or the Parent Guarantor or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Guarantor or any of its Subsidiaries or there is commenced against the Parent Guarantor or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Parent Guarantor or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Guarantor or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Guarantor or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Guarantor or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 3 contracts
Samples: Credit Agreement (Athena Spinco Inc.), Credit Agreement (Athena Spinco Inc.), Credit Agreement (Athena Spinco Inc.)
Bankruptcy, etc. (i) The Parent Borrower or any of its Subsidiaries Material Subsidiary shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or (ii) an involuntary case is commenced against the Parent Borrower or any of its Subsidiaries Material Subsidiary and the petition is not controverted within 10 days after service of summons30 days, or is not dismissed within 60 days, after commencement of the case; or (iii) a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries Material Subsidiary or the Parent Borrower or any of its Subsidiaries Material Subsidiary commences any other proceeding proceedings under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries Material Subsidiary or there is commenced against the Parent Borrower or any of its Subsidiaries Material Subsidiary any such proceeding which remains undismissed for a period of 60 days, or the Parent or any of its Subsidiaries is adjudicated insolvent or bankrupt; or (iv) any order of relief or other order approving any such case or proceeding is entered; or (v) the Parent Borrower or any of its Subsidiaries Material Subsidiary is adjudicated insolvent or bankrupt; or (vi) the Borrower or any Material Subsidiary suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or (vii) the Parent Borrower or any of its Subsidiaries Material Subsidiary makes a general assignment for the benefit of creditors; or any petition is presented (and in viii) the case of a petition presented by a Person other than the Parent Borrower or any of Material Subsidiary shall fail to pay, or shall state that it is unable to pay, or shall be unable to pay, its Subsidiaries remains undischarged or unstayed for a period of 60 days)debts generally as they become due; or (ix) the Borrower or any order is made Material Subsidiary shall by any competent court for winding upact or failure to act consent to, dissolution approve of or the appointment of a liquidator; or any resolution is passed by acquiesce in any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiariesforegoing; or (x) any corporate action is taken by the Parent Borrower or any of its Subsidiaries Material Subsidiary for the purpose of effecting any of the foregoing; or
Appears in 3 contracts
Samples: 364 Day Term Loan Credit Agreement (Eastman Chemical Co), Senior Bridge Term Loan Credit Agreement (Eastman Chemical Co), Term Loan Credit Agreement (Eastman Chemical Co)
Bankruptcy, etc. The Parent Borrower or any of its Material Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent Borrower or any of its Material Subsidiaries and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries Material Subsidiaries; or the Parent Borrower or any of its Material Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries Material Subsidiaries; or there is commenced against the Parent Borrower or any of its Material Subsidiaries any such proceeding which remains undismissed for a period of 60 days, ; or the Parent Borrower or any of its Material Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Borrower or any of its Material Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Borrower or any of its Material Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrower or any of its Material Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (About, Inc.), Credit Agreement (Primedia Inc)
Bankruptcy, etc. The Parent Borrower or any of its Subsidiaries Material Subsidiary shall --------------- commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent Borrower or any of its Material Subsidiaries and the petition is not controverted within 10 days after service of summons20 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries Material Subsidiaries; or the Parent Borrower or any of its Material Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries Material Subsidiaries; or there is commenced against the Parent Borrower or any of its Material Subsidiaries any such proceeding which remains undismissed for a period of 60 days, ; or the Parent Borrower or any of its Material Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Borrower or any of its Material Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Borrower or any of its Material Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrower or any of its Material Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (MJD Communications Inc), Credit Agreement (MJD Communications Inc)
Bankruptcy, etc. The Parent (a) A court shall enter a decree or order for relief in respect of the Maker in an involuntary case under the Bankruptcy Code or any applicable foreign, federal or state bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed; or (y) an involuntary case is commenced against the Maker under the Bankruptcy Code or any applicable foreign, federal or state bankruptcy, insolvency or other similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other person having similar powers over the Maker, or over all or a substantial part of its Subsidiaries property, shall have been entered; or an interim receiver, trustee or other custodian of the Maker for all or a substantial part of the property of the Maker is involuntarily appointed; or a warrant of attachment, execution or similar process is issued against any substantial part of the property of the Maker; and the foregoing events continue for 20 days without being dismissed, or bonded and stayed, or discharged; or
(b) The Maker shall have an order for relief entered with respect to it or shall commence a voluntary case concerning itself under Title 11 of the United States Bankruptcy Code entitled “Bankruptcy,” as or any applicable foreign, federal or state bankruptcy, insolvency or other similar law now or hereafter in effect, or any successor thereto (shall consent to the “Bankruptcy Code”); entry of an order for relief in an involuntary case, or to the conversion of an involuntary case is commenced against the Parent or any of its Subsidiaries and the petition is not controverted within 10 days after service of summonsto a voluntary case, or is not dismissed within 60 daysshall consent to the appointment of or taking possession by a receiver, after commencement of the case; trustee or other custodian for all or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent or any of its Subsidiaries or the Parent or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent or any of its Subsidiaries or there is commenced against the Parent or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Parent or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; property, or the Parent or making by the Maker of any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented the inability or failure of the Maker to pay its debts as such debts mature, or the admission by the Maker in writing of its inability to pay its debts as such debts become due, or the Board of Directors (and in the case of a petition presented by a Person other than the Parent or any committee thereof) of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or Maker adopts any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate otherwise authorizes action is taken by the Parent or any of its Subsidiaries for the purpose of effecting to approve any of the foregoing; or;
Appears in 2 contracts
Samples: Subordinated Promissory Note (Trimble Navigation LTD /Ca/), Subordinated Promissory Note (Trimble Navigation LTD /Ca/)
Bankruptcy, etc. The Parent Borrower or any of its Subsidiaries (other than an Immaterial Subsidiary) shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent Borrower or any of its Subsidiaries (other than an Immaterial Subsidiary), and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days45 days after the filing thereof, after commencement provided, however, that during the pendency of the casesuch period, each Lender shall be relieved of its obligation to extend credit hereunder; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries (other than an Immaterial Subsidiary), to operate all or any substantial portion of the Parent business of the Borrower or any of its Subsidiaries (other than an Immaterial Subsidiary), or the Borrower or any of its Subsidiaries (other than an Immaterial Subsidiary) commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries (other than an Immaterial Subsidiary), or there is commenced against the Parent Borrower or any of its Subsidiaries (other than an Immaterial Subsidiary) any such proceeding which remains undismissed for a period of 60 days45 days after the filing thereof, or the Parent Borrower or any of its Subsidiaries is (other than an Immaterial Subsidiary) adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent or any of its Subsidiaries (other than an Immaterial Subsidiary) makes a general assignment for the benefit of creditors; or any petition Company action is presented (and in taken by the case of a petition presented by a Person other than the Parent Borrower or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent or any of its Subsidiaries (other than an Immaterial Subsidiary) for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Shuffle Master Inc), Credit Agreement (Shuffle Master Inc)
Bankruptcy, etc. The Parent Borrower or any of its Subsidiaries Material Subsidiary shall commence a voluntary case case, proceeding or action concerning itself under (a) Title 11 of the United States Code entitled “Bankruptcy,” ”, or (b) in the case of any Foreign Subsidiary that is a Material Subsidiary, any domestic or foreign law relating to bankruptcy, judicial management, insolvency reorganization or relief of debtors legislation of its jurisdiction of incorporation, in each case as now or hereafter in effect, or any successor thereto (collectively, the “Bankruptcy Code”); or an involuntary case case, proceeding or action is commenced against the Parent Borrower or any of its Subsidiaries Material Subsidiary and the petition is not controverted within 10 days after service commencement of summonsthe case, proceeding or action; or an involuntary case, proceeding or action is commenced against the Borrower or any Material Subsidiary and the petition is not dismissed within 60 days, days after commencement of the case, proceeding or action; or a custodian (as defined in the Bankruptcy Code) ), judicial manager, receiver, receiver manager, trustee or similar person is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries Material Subsidiary; or the Parent Borrower or any of its Subsidiaries Material Subsidiary commences any other proceeding or action under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries Material Subsidiary; or there is commenced against the Parent Borrower or any of its Subsidiaries Material Subsidiary any such proceeding which or action that remains undismissed for a period of 60 days, ; or the Parent Borrower or any of its Subsidiaries Material Subsidiary is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding or action is entered; or the Parent Borrower or any of its Subsidiaries Material Subsidiary suffers any appointment of any custodian receiver, receiver manager, trustee or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Borrower or any of its Subsidiaries Material Subsidiary makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrower or any of its Subsidiaries Material Subsidiary for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Kinder Morgan Holdco LLC), Credit Agreement (Kinder Morgan Inc)
Bankruptcy, etc. The Parent Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent Borrower or any of its Subsidiaries and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed or discharged, within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries Subsidiaries, or the Parent Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries Subsidiaries, or there is commenced against the Parent Borrower or any of its Subsidiaries any such proceeding which remains undismissed or undischarged for a period of 60 days, or the Parent Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Senior Subordinated Loan Agreement (Consolidated Delivery & Logistics Inc), Senior Subordinated Loan Agreement (Helicon Capital Corp)
Bankruptcy, etc. The Parent VHS Holdco I or any of its Subsidiaries (other than Immaterial Subsidiaries) shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent VHS Holdco I or any of its Subsidiaries (other than Immaterial Subsidiaries) and the petition is not controverted within 10 days after service of summons, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent VHS Holdco I or any of its Subsidiaries (other than Immaterial Subsidiaries) or the Parent VHS Holdco I or any of its Subsidiaries (other than Immaterial Subsidiaries) commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent VHS Holdco I or any of its Subsidiaries (other than Immaterial Subsidiaries) (except in the case of any winding-up or liquidation of any such Subsidiary (other than any Credit Agreement Party) to the extent same is permitted under Section 9.02), or there is commenced against the Parent VHS Holdco I or any of its Subsidiaries (other than Immaterial Subsidiaries) any such proceeding which remains undismissed for a period of 60 days, or VHS Holdco I, the Parent Borrower or any of its Subsidiaries (other than Immaterial Subsidiaries) is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent VHS Holdco I or any of its Subsidiaries (other than Immaterial Subsidiaries) suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent VHS Holdco I or any of its Subsidiaries (other than Immaterial Subsidiaries) makes a general assignment for the benefit of creditors; or any petition corporate action is presented (and in the case of a petition presented taken by a Person other than the Parent VHS Holdco I or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its (other than Immaterial Subsidiaries; or any corporate action is taken by the Parent or any of its Subsidiaries ) for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Vanguard Health Systems Inc), Credit Agreement (Vanguard Health Systems Inc)
Bankruptcy, etc. The Parent Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated) shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated), and the petition is not controverted within 10 days after service of summons21 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) ), receiver, receiver-manager, trustee, monitor is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated), or the Parent Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated), commences any other proceeding under any reorganization, bankruptcy, insolvency, arrangement, winding-up, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated), or there is commenced against the Parent Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated) any such proceeding which remains undismissed for a period of 60 days, or the Parent Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated), is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated), suffers any appointment of any custodian custodian, receiver, receiver-manager, trustee, monitor or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated), makes a general assignment for the benefit of creditors; or any petition corporate, limited liability company or similar action is presented (and in taken by the case of a petition presented by a Person other than the Parent Borrower or any of its Subsidiaries remains undischarged (other than any Immaterial Subsidiary, whether or unstayed for a period of 60 daysnot so designated); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement, Credit Agreement (OCI Partners LP)
Bankruptcy, etc. The Parent Holdings or any of its Subsidiaries (excluding Insignificant Subsidiaries) shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”)") or shall consent to the filing of any petition against it under any such law; or an involuntary case is commenced against the Parent Holdings or any of its Subsidiaries (excluding Insignificant Subsidiaries) and the petition is not controverted within 10 days after service of summons15 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Holdings or any of its Subsidiaries (excluding Insignificant Subsidiaries), or the Parent Holdings or any of its Subsidiaries (excluding Insignificant Subsidiaries) commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Holdings or any of its Subsidiaries (excluding Insignificant Subsidiaries), or there is commenced against the Parent Holdings or any of its Subsidiaries (excluding Insignificant Subsidiaries) any such proceeding which remains undismissed for a period of 60 days, or the Parent Holdings or any of its Subsidiaries (excluding Insignificant Subsidiaries) is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Holdings or any of its Subsidiaries (excluding Insignificant Subsidiaries) suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Holdings or any of its Subsidiaries (excluding Insignificant Subsidiaries) makes a general assignment for the benefit of creditors; or any petition corporate action is presented (and in the case of a petition presented taken by a Person other than the Parent Holdings or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its (excluding Insignificant Subsidiaries; or any corporate action is taken by the Parent or any of its Subsidiaries ) for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Big Flower Press Holdings Inc /Pred/), Credit Agreement (Vertis Inc)
Bankruptcy, etc. The Parent Borrower or any of its Subsidiaries ---------------- (other than an Immaterial Subsidiary) shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent Borrower or any of its Subsidiaries (other than an Immaterial Subsidiary) and the petition is not controverted within 10 days after service of summons15 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries (other than an Immaterial Subsidiary) or the Parent Borrower or any of its Subsidiaries (other than an Immaterial Subsidiary) commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries (other than an Immaterial Subsidiary), or there is commenced against the Parent Borrower or any of its Subsidiaries (other than an Immaterial Subsidiary) any such proceeding which remains undismissed for a period of 60 days, or the Parent Borrower or any of its Subsidiaries (other than an Immaterial Subsidiary) is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Borrower or any of its Subsidiaries (other than an Immaterial Subsidiary) suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Borrower or any of its Subsidiaries (other than an Immaterial Subsidiary) makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrower or any of its Subsidiaries (other than an Immaterial Subsidiary) for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Extended Stay America Inc), Credit Agreement (Extended Stay America Inc)
Bankruptcy, etc. The Parent Any Credit Party or any Material Subsidiary of its Subsidiaries the Company shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent any Credit Party or any Material Subsidiary of its Subsidiaries the Company, and the petition is not controverted within 10 days after service of summons30 days, or is not dismissed within 60 daysdays after the filing thereof, after commencement provided, however, that during the pendency of the casesuch period, each Lender shall be relieved of its obligation to extend credit hereunder; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent any Credit Party or any Material Subsidiary of its Subsidiaries or the Parent Company, to operate all or any substantial portion of its Subsidiaries the business any Credit Party or any Material Subsidiary of the Company, or any Credit Party or any Material Subsidiary of the Company commences any other proceeding under in relation to any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, bankruptcy, insolvency or liquidation any analogous procedure or similar law of step is taken in any jurisdiction whether now or hereafter in effect relating to the Parent any Credit Party or any Material Subsidiary of its Subsidiaries the Company (including under any Dutch Insolvency Law), or there is commenced against the Parent any Credit Party or any Material Subsidiary of its Subsidiaries the Company any such proceeding which remains undismissed for a period of 60 daysdays after the filing thereof, or the Parent any Credit Party or any Material Subsidiary of its Subsidiaries the Company is adjudicated or deemed under applicable law insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; (including the entry of an order of relief against it or for the Parent or any of its Subsidiaries suffers any appointment of any a receiver, controller, receiver-manager, trustee, monitor, custodian or the like similar official for it or for any substantial part of its property to continue undischarged or unstayed for a period of 60 daysproperty) is entered; or the Parent any Credit Party or any Material Subsidiary of its Subsidiaries the Company makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate Business action is taken by the Parent any Credit Party or any Material Subsidiary of its Subsidiaries the Company for the purpose of effecting any of the foregoing; or with respect to a Dutch Credit Party, if it files a notice under section 36 of the Tax Collection Act of the Netherlands (Invorderingswet 1990); or
Appears in 2 contracts
Samples: Abl Credit Agreement (Tesla, Inc.), Abl Credit Agreement (Tesla Motors Inc)
Bankruptcy, etc. The Parent Parent, any of its Subsidiaries or any of its Non-Recourse Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Xxxxxx Xxxxxx Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent Parent, any of its Subsidiaries or any of its Non-Recourse Subsidiaries and the petition is not controverted within 10 20 days after service of summons, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent or Parent, any of its Subsidiaries or any of its Non-Recourse Subsidiaries or the Parent Parent, any of its Subsidiaries or any of its Non-Recourse Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Parent, any of its Subsidiaries or any of its Non-Recourse Subsidiaries or there is commenced against the Parent Parent, any of its Subsidiaries or any of its Non-Recourse Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Parent Parent, any of its Subsidiaries or any of its Non-Recourse Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Parent, any of its Subsidiaries or any of its Non-Recourse Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Parent, any of its Subsidiaries or any of its Non-Recourse Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Parent, any of its Subsidiaries or any of its Non-Recourse Subsidiaries for the purpose of effecting any of the foregoing, provided that, in the case of any Non-Recourse Subsidiary, it shall not be a Default or Event of Default under this Section 10.05 unless the aggregate principal amount of all Indebtedness incurred by such Non-Recourse Subsidiary pursuant to Section 9.17 exceeds $15,000,000; or
Appears in 2 contracts
Samples: Credit Agreement (Gener8 Maritime, Inc.), Credit Agreement (Gener8 Maritime, Inc.)
Bankruptcy, etc. The Parent Holdings or any of its Restricted Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent Holdings or any of its Subsidiaries Restricted Subsidiaries, and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days45 days after the filing thereof, after commencement provided, however, that during the pendency of the casesuch period, each Lender shall be relieved of its obligation to extender credit hereunder; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Holdings or any of its Subsidiaries Restricted Subsidiaries, to operate all or any substantial portion of the Parent business of Holdings or any of its Restricted Subsidiaries, or Holdings or any of its Restricted Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Holdings or any of its Subsidiaries Restricted Subsidiaries, or there is commenced against the Parent Holdings or any of its Restricted Subsidiaries any such proceeding which remains undismissed for a period of 60 days45 days after the filing thereof, or the Parent Holdings or any of its Restricted Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Holdings or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent or any of its Restricted Subsidiaries makes a general assignment for the benefit of creditors; or any petition action is presented (and in the case of a petition presented taken by a Person other than the Parent Holdings or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent or any of its Restricted Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement and Subsidiaries Guaranty (Leap Wireless International Inc), Credit Agreement (Leap Wireless International Inc)
Bankruptcy, etc. The Parent Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary) shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary) and the petition is not controverted within 10 days after service of summons20 days, or is not dismissed within 60 90 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary); or the Parent Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary) commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary); or there is commenced against the Parent Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary) any such proceeding which remains undismissed for a period of 60 90 days, ; or the Parent Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary) is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary) suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 90 days; or the Parent Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary) makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary) for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (EnerSys), Credit Agreement (EnerSys)
Bankruptcy, etc. The Parent Company or any of its Subsidiaries shall (each, an “Obligor”) shall: (a) commence a voluntary case concerning itself under Title 11 the Bankruptcy Code or authorize, by appropriate proceedings of its board of directors or other governing body, the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto commencement of such a voluntary case; (the “Bankruptcy Code”); or b) (i) have filed against it a petition commencing an involuntary case is commenced against under the Parent or any of its Subsidiaries and Bankruptcy Code that shall not have been dismissed within 90 days after the date on which such petition is not controverted within 10 days after service of summonsfiled, or is not dismissed (ii) file an answer or other pleading within 60 dayssuch 90-day period admitting or failing to deny the material allegations of such a petition or seeking, after commencement of consenting to or acquiescing in the case; relief therein provided, or a custodian (as defined iii) have entered against it an order for relief in any involuntary case commenced under the Bankruptcy Code; (c) is appointed forseek relief as a debtor under any applicable law, other than the Bankruptcy Code, of any jurisdiction relating to the liquidation or reorganization of debtors or to the modification or alteration of the rights of creditors, or takes charge consent to or acquiesce in such relief; (d) have entered against it an order by a court of competent jurisdiction (i) finding it to be bankrupt or insolvent, (ii) ordering or approving its liquidation or reorganization as a debtor or any modification or alteration of the rights of its creditors or (iii) assuming custody of, or appointing a receiver or other custodian for, all or substantially all of the property of the Parent or any a substantial portion of its Subsidiaries or the Parent or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent or any of its Subsidiaries or there is commenced against the Parent or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Parent or any of its Subsidiaries is adjudicated insolvent or bankruptproperty; or any order of relief or other order approving any such case or proceeding is entered; or the Parent or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent or any of its Subsidiaries makes a general (e) make an assignment for the benefit of of, or enter into a composition with, its creditors; , or any petition is presented (and in appoint, or consent to the case of appointment of, or suffer to exist a petition presented by receiver or other custodian for, all or a Person other than the Parent or any substantial portion of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding upproperty, dissolution or then, (i) upon the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator occurrence of any Event of Default described in Section 2.2 with respect to the Parent Company, the unpaid principal amount of this Note, together with accrued interest thereon, shall automatically become immediately due and payable, without presentment, demand, protest or other requirements of any kind, all of its Subsidiaries; or any corporate action is taken which are hereby expressly waived by the Parent Company, and (ii) upon the occurrence of any other Event of Default the Noteholder may, upon prior written notice to the Administrative Agent (if the Credit Agreement is then still in effect), and upon written notice to the Company, declare this Note to be due and payable, whereupon the principal amount of this Note, together with accrued interest thereon, shall automatically become immediately due and payable, without any other notice of any kind, and without presentment, demand, protest or other requirements of any kind, all of its Subsidiaries for which are hereby expressly waived by the purpose Company; provided, however, that the acceleration of effecting any principal and interest with respect to this Note and the exercise of judicial and foreclosure remedies shall be subject to the foregoing; orrestrictions in Section 3 below.
Appears in 2 contracts
Samples: Credit Agreement (Sprague Resources LP), Credit Agreement (Sprague Resources LP)
Bankruptcy, etc. The Parent Borrower or any of its Significant Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent Borrower or any of its Significant Subsidiaries and the petition is not controverted within 10 days after service of summons15 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries Significant Subsidiaries, or the Parent Borrower or any of its Significant Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency insolvency, receivership, administration or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries Significant Subsidiaries, or there is commenced against the Parent Borrower or any of its Significant Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Parent Borrower or any of its Significant Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Borrower or any of its Significant Subsidiaries suffers any appointment of any custodian custodian, administrator, administrative receiver or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Borrower or any of its Significant Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrower or any of its Significant Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Alpine Group Inc /De/), Credit Agreement (Alpine Group Inc /De/)
Bankruptcy, etc. The Parent Holdings or any of its Subsidiaries (other than an Immaterial Subsidiary) shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent Holdings or any of its Subsidiaries (other than an Immaterial Subsidiary), and the petition is not controverted within 10 days after service of summons, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Holdings or any of its Subsidiaries (other than an Immaterial Subsidiary), or the Parent Holdings or any of its Subsidiaries (other than an Immaterial Subsidiary) commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Holdings or any of its Subsidiaries (other than an Immaterial Subsidiary) (including, but not limited to, in the case of the Captive Insurance Company, Article 74 of the New York Insurance Law), or there is commenced against the Parent Holdings or any of its Subsidiaries (other than an Immaterial Subsidiary) any such proceeding which remains undismissed for a period of 60 days, or the Parent Holdings or any of its Subsidiaries (other than an Immaterial Subsidiary) is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Holdings or any of its Subsidiaries (other than an Immaterial Subsidiary) suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Holdings or any of its Subsidiaries (other than an Immaterial Subsidiary) makes a general assignment for the benefit of creditors; or any petition corporate, limited liability company or similar action is presented (and in the case of a petition presented taken by a Person other than the Parent Holdings or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent or any of its Subsidiaries (other than an Immaterial Subsidiary) for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Town Sports International Holdings Inc), Credit Agreement (Town Sports International Holdings Inc)
Bankruptcy, etc. The Parent Holdings, the Lead Borrower or any of its Restricted Subsidiaries (other than any Immaterial Subsidiary) shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against Holdings, the Parent Lead Borrower or any of its Subsidiaries Restricted Subsidiaries, and the petition is not controverted within 10 days after service of summons21 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) ), receiver, receiver-manager, trustee, monitor is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Parent Lead Borrower or any of its Subsidiaries Restricted Subsidiaries, or Holdings, the Parent Lead Borrower or any of its Restricted Subsidiaries commences any other proceeding under any reorganization, bankruptcy, insolvency, arrangement, winding-up, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Parent Lead Borrower or any of its Subsidiaries Restricted Subsidiaries, or there is commenced against Holdings, the Parent Lead Borrower or any of its Restricted Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or Holdings, the Parent Lead Borrower or any of its Restricted Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Holdings or any of its Restricted Subsidiaries suffers any appointment of any custodian custodian, receiver, receiver-manager, trustee, monitor or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or Holdings, the Parent Lead Borrower or any of its Restricted Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent corporate, limited liability company or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate similar action is taken by the Parent Lead Borrower or any of its Restricted Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Bway Intermediate Company, Inc.), Term Loan Credit Agreement (Bway Intermediate Company, Inc.)
Bankruptcy, etc. The Parent Holdings or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent Holdings or any of its Subsidiaries and the petition is not controverted within 10 days after service of summons, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries or the Parent Holdings or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Holdings or any of its Subsidiaries or there is commenced against the Parent Holdings or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Parent Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Holdings or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Holdings or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Trico Marine Services Inc), Credit Agreement (Trico Marine Services Inc)
Bankruptcy, etc. The Parent Guarantor or any of its Subsidiaries (other than an Insignificant Subsidiary) shall commence a voluntary case concerning itself under Title 7 or 11 of the United States Code entitled “"Bankruptcy,” ", as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent Guarantor or any of its Subsidiaries (other than an Insignificant Subsidiary) and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Guarantor or any of its Subsidiaries (other than an Insignificant Subsidiary); or the Parent Guarantor or any of its Subsidiaries (other than an Insignificant Subsidiary) commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Guarantor or any of its Subsidiaries (other than an Insignificant Subsidiary); or there is commenced against the Parent Guarantor or any of its Subsidiaries (other than an Insignificant Subsidiary) any such case or proceeding which remains undismissed for a period of 60 days, ; or the Parent Guarantor or any of its Subsidiaries (other than an Insignificant Subsidiary) is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Guarantor or any of its Subsidiaries (other than an Insignificant Subsidiary) suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Guarantor or any of its Subsidiaries (other than an Insignificant Subsidiary) makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Guarantor or any of its Subsidiaries (other than an Insignificant Subsidiary) for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Note Purchase Agreement (Noble Drilling Corp), Note Purchase Agreement (Noble Drilling Corp)
Bankruptcy, etc. The Parent Borrower or any of its Restricted Subsidiaries (other than any Immaterial Subsidiary) shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent Borrower or any of its Restricted Subsidiaries (other than any Immaterial Subsidiary) and the petition is not controverted within 10 days after service of summonsthirty (30) days, or is not dismissed within 60 days, sixty (60) days after commencement of the casefiling thereof; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Restricted Subsidiaries (other than any Immaterial Subsidiary) to operate all or any substantial portion of the Parent business of the Borrower or any of its Restricted Subsidiaries (other than any Immaterial Subsidiary) or the Borrower or any of its Restricted Subsidiaries (other than any Immaterial Subsidiary) commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Restricted Subsidiaries (other than any Immaterial Subsidiary) or there is commenced against the Parent Borrower or any of its Restricted Subsidiaries (other than any Immaterial Subsidiary) any such proceeding which remains undismissed for a period of 60 dayssixty (60) days after the filing thereof, or the Parent Borrower or any of its Restricted Subsidiaries (other than any Immaterial Subsidiary) is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Borrower or any of its Restricted Subsidiaries suffers (other than any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent or any of its Subsidiaries Immaterial Subsidiary) makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate Company action is taken by the Parent Borrower or any of its Restricted Subsidiaries for the purpose of effecting (other than any Immaterial Subsidiary) authorizing any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Radio One, Inc.), Credit Agreement (Radio One, Inc.)
Bankruptcy, etc. The Parent Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” ", as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent Borrower or any of its Subsidiaries and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries Subsidiaries; or the Parent Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent or any of its Subsidiaries Subsidiaries; or there is commenced against the Parent Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, ; or the Parent Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (National Tobacco Co Lp), Credit Agreement (National Tobacco Co Lp)
Bankruptcy, etc. The Parent or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an i) An involuntary case is or other proceeding shall be commenced against the Parent Borrower or any of Subsidiary (other than Xxxxxx CFEM Facades (UK) Ltd.) seeking liquidation, reorganization or other relief with respect to it or its Subsidiaries and the petition is not controverted within 10 days after service of summons, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent or any of its Subsidiaries or the Parent or any of its Subsidiaries commences any other proceeding debts under any reorganizationapplicable bankruptcy, arrangementinsolvency, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation reorganization or similar law of any jurisdiction whether now or hereafter in effect relating to seeking the Parent or any of its Subsidiaries or there is commenced against the Parent or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Parent or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent or any of its Subsidiaries suffers any appointment of any custodian a custodian, receiver, liquidator, assignee, trustee, sequestrator or the like for similar official of it or any substantial part of its property to continue undischarged property, and such involuntary case or other proceeding shall remain undismissed and unstayed for a period of more than 60 days; or an order or decree approving or ordering any of the Parent foregoing shall be entered and continued unstayed and in effect, or (ii) the Borrower or any Subsidiary (other than Xxxxxx CFEM Facades (UK) Ltd.) shall commence a voluntary case or proceeding under any applicable bankruptcy, insolvency, reorganization or similar law or any other case or proceeding to be adjudicated a bankrupt or insolvent, or any of its Subsidiaries makes them shall consent to the entry of a general decree or order for relief in respect of the Borrower or any such Subsidiary in an involuntary case or proceeding under any applicable bankruptcy, insolvency, reorganization or other similar law or to the commencement of any bankruptcy or insolvency case or proceeding against any of them, or any of them shall file a petition or answer or consent seeking reorganization or relief under any applicable law, or any of them shall consent to the filing of such petition or to the appointment of or taking possession by a custodian, receiver, liquidator, assignee, trustee, sequestrator or similar official of the Borrower or any such Subsidiary or any substantial part of their respective property, or any of them shall make an assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent , or any of them shall admit in writing its Subsidiaries remains undischarged inability to pay its debts generally as they become due, or unstayed for a period of 60 days); the Borrower or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator such Subsidiary shall take corporate action in furtherance of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent or any of its Subsidiaries for the purpose of effecting any of the foregoing; orsuch action.
Appears in 2 contracts
Samples: Credit Agreement (Apogee Enterprises, Inc.), Credit Agreement (Apogee Enterprises Inc)
Bankruptcy, etc. The Parent Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent Borrower or any of its Subsidiaries and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries Subsidiaries, or the Parent Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction jurisdiction, whether now or hereafter in effect effect, relating to the Parent Borrower or any of its Subsidiaries Subsidiaries, or there is commenced against the Parent Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Parent Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; provided, however, that Borrower hereby agrees that during the period from the Effective Date and thereafter for so long as this Agreement is in effect, if a voluntary or involuntary petition is filed commencing a proceeding under any Chapter of the Bankruptcy Code relating to Borrower or any of its Subsidiaries (such entity or entities, individually and/or collectively referred to for the purpose of this Section 8.05 as the "Debtor") the Debtor will discuss and cooperate with the Lenders in good faith to permit the Lenders to provide debtor-in-possession financing on terms and conditions mutually agreeable to the parties ("Mutually Agreeable DIP Financing"), and the Debtor will petition the applicable bankruptcy court (i) to request that the Lenders be authorized (if the Lenders consent and agree) to provide Mutually Agreeable DIP Financing and senior priming liens to the Debtor pursuant to, without limitation, Bankruptcy Code ss. 364, 11 U.S.C.(S)364 and (ii) for the Loans to be refinanced as part of the proposed Mutually Agreeable DIP Financing. If after such discussion and cooperation in good faith, Borrower and the Lenders do not agree to a Mutually Agreeable DIP Financing, the Lenders shall subsequently have the right of first refusal to provide debtor-in-possession financing and senior priming liens to the Debtor pursuant to, without limitation, Bankruptcy Code(S)364, 11 U.S.C. (S) 364, on the same terms and conditions as may be offered by any other third-party lender (and the Debtor shall so petition the bankruptcy court to request that the Lenders be approved to provide such debtor-in-possession financing if they exercise their right of first refusal); or
Appears in 2 contracts
Samples: Credit Agreement (Trumps Castle Funding Inc), Credit Agreement (Trump Hotels & Casino Resorts Funding Inc)
Bankruptcy, etc. The Parent MLP, the Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated) shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent MLP, the Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated), and the petition is not controverted within 10 days after service of summons21 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) ), receiver, receiver-manager, trustee, monitor is appointed for, or takes charge of, all or substantially all of the property of the Parent MLP, the Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated), or the Parent MLP, the Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated), commences any other proceeding under any reorganization, bankruptcy, insolvency, arrangement, winding-up, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent MLP, the Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated), or there is commenced against the Parent MLP, the Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated) any such proceeding which remains undismissed for a period of 60 days, or the Parent MLP, the Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated), is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent MLP, the Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated), suffers any appointment of any custodian custodian, receiver, receiver-manager, trustee, monitor or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent MLP, the Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated), makes a general assignment for the benefit of creditors; or any petition corporate, limited liability company or similar action is presented (and in taken by the case of a petition presented by a Person other than the Parent Borrower or any of its Subsidiaries remains undischarged (other than any Immaterial Subsidiary, whether or unstayed for a period of 60 daysnot so designated); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Revolving Credit Agreement, Revolving Credit Agreement (OCI Partners LP)
Bankruptcy, etc. The Parent Company, the Delaware Sub or any of its the Company’s other Subsidiaries (other than an Immaterial Subsidiary) shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent Company or any of its Subsidiaries (other than an Immaterial Subsidiary) and the petition is not controverted within 10 days after service of summons15 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Company, the Delaware Sub or any of its the Company’s other Subsidiaries (other than an Immaterial Subsidiary) or the Parent Company, the Delaware Sub or any of its the Company’s other Subsidiaries (other than an Immaterial Subsidiary) commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Company, the Delaware Sub or any of its the Company’s other Subsidiaries (other than an Immaterial Subsidiary) or there is commenced against the Parent Company, the Delaware Sub or any of its the Company’s other Subsidiaries (other than an Immaterial Subsidiary) any such proceeding which remains undismissed for a period of 60 days, or the Parent Company, the Delaware Sub or any of its the Company’s other Subsidiaries (other than an Immaterial Subsidiary) is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Company, the Delaware Sub or any of its the Company’s other Subsidiaries (other than an Immaterial Subsidiary) suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Company, the Delaware Sub or any of its the Company’s other Subsidiaries (other than an Immaterial Subsidiary) makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Company, the Delaware Sub or any of its the Company’s other Subsidiaries (other than an Immaterial Subsidiary) for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Purchase Agreement (Particle Drilling Technologies Inc/Nv), Purchase Agreement (Particle Drilling Technologies Inc/Nv)
Bankruptcy, etc. The Parent HHRI or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent HHRI or any of its Subsidiaries and the petition is consented to or acquiesced in by HHRI or any of its Subsidiaries, is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent HHRI or any of its Subsidiaries or the Parent HHRI or any of its Subsidiaries commences any other proceeding under any bankruptcy, reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent HHRI or any of its Subsidiaries Subsidiaries, or there is commenced against the Parent HHRI or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Parent HHRI or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is enteredentered and is not vacated or stayed within 60 days; or the Parent HHRI or any of its Subsidiaries suffers any appointment of any custodian custodian, receiver, receiver and manager, trustee, monitor or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent HHRI or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any partnership and/or corporate action is taken by the Parent HHRI or any of its Subsidiaries for the purpose of effecting any of the foregoingforegoing (it being understood that the provisions of this Section 12.05 shall not apply to any Subsidiary of the U.S. Borrower who is a borrower (a) under Non-Recourse Indebtedness in aggregate principal amount of less than or equal to 1% of the Adjusted Total Assets or (b) under other Indebtedness equal to or less than $50,000,000 (or the Dollar Equivalent thereof) but the provisions of this Section 12.05 shall apply to each Significant Subsidiary and, at any time a Canadian Revolving Loan Borrower has any outstanding Canadian Revolving Loans, such Canadian Revolving Loan Borrower); or
Appears in 2 contracts
Samples: Credit Agreement (Host Hotels & Resorts, Inc.), Credit Agreement (Host Hotels & Resorts L.P.)
Bankruptcy, etc. The Parent a Borrower or any of its the Material Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”)) or an equivalent statute under the laws of Canada or any province thereof; or an involuntary case is commenced against the Parent a Borrower or any of its the Material Subsidiaries and the petition is not controverted within 10 days after service of summons30 days, or is not dismissed within 60 45 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) or equivalent appointee under the laws of Canada or any province thereof is appointed for, or takes charge of, all or substantially all of the property of the Parent a Borrower or any of its Subsidiaries or the Parent Material Subsidiaries; or any of the Borrowers or a Material Subsidiary commences (including by way of applying for or consenting to the appointment of, or the taking of possession by, a rehabilitator, receiver, custodian, trustee, conservator or liquidator (collectively, a “conservator”) of itself or all or any substantial portion of its Subsidiaries commences property) any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation insolvency, liquidation, rehabilitation, conservatorship or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent a Borrower or any of its Subsidiaries the Material Subsidiaries; or there any such proceeding is commenced against the Parent a Borrower or any of its the Material Subsidiaries any to the extent such proceeding which is consented to by such person or remains undismissed for a period of 60 45 days, ; or the Parent a Borrower or any of its the Material Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent a Borrower or any of its the Material Subsidiaries suffers any appointment of any custodian conservator or the like for it or any substantial part of its property to continue which continues undischarged or unstayed for a period of 60 45 days; or the Parent a Borrower or any of its the Material Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented corporate (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate similar organizational) action is taken by the Parent a Borrower or any of its the Material Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Genlyte Group Inc), Credit Agreement (Genlyte Group Inc)
Bankruptcy, etc. The Parent or any Subsidiary of its Subsidiaries Parent shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent or any Subsidiary of its Subsidiaries Parent, and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent or any Subsidiary of its Subsidiaries Parent, or the Parent or any Subsidiary of its Subsidiaries Parent commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent or any Subsidiary of its Subsidiaries Parent, or there is commenced against the Parent or any Subsidiary of its Subsidiaries Parent any such proceeding which remains undismissed for a period of 60 days, or the Parent or any Subsidiary of its Subsidiaries Parent is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent or any Subsidiary of its Subsidiaries Parent suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent or any Subsidiary of its Subsidiaries Parent makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent or any Subsidiary of its Subsidiaries Parent for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Harrahs Entertainment Inc), Credit Agreement (Harrahs Entertainment Inc)
Bankruptcy, etc. The Parent Borrower or any of its Material Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent Borrower or any of its Material Subsidiaries and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries Material Subsidiaries; or the Parent Borrower or any of its Material Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries Material Subsidiaries; or there is commenced against the Parent Borrower or any of its Material Subsidiaries any such proceeding which remains undismissed for a period of 60 days, ; or the Parent Borrower or any of its Material Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Borrower or any of its Material Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Borrower or any of its Material Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrower or any of its Material Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Primedia Inc), Credit Agreement (Primedia Inc)
Bankruptcy, etc. The Parent or any of its Restricted Subsidiaries (other than an Immaterial Subsidiary) shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent or any of its Restricted Subsidiaries (other than an Immaterial Subsidiary), and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, days after commencement of the casefiling thereof; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent or any of its Restricted Subsidiaries (other than an Immaterial Subsidiary), to operate all or any substantial portion of the business of Parent or any of its Restricted Subsidiaries (other than an Immaterial Subsidiary), or Parent or any of its Restricted Subsidiaries (other than an Immaterial Subsidiary) commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent or any of its Restricted Subsidiaries (other than an Immaterial Subsidiary), or there is commenced against the Parent or any of its Restricted Subsidiaries any such proceeding which remains undismissed for a period of 60 daysdays after the filing thereof, or the Parent or any of its Restricted Subsidiaries (other than an Immaterial Subsidiary) is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent or any of its Restricted Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent or any of its Subsidiaries (other than an Immaterial Subsidiary) makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Restricted Subsidiaries remains undischarged (other than an Immaterial Subsidiary) shall become unable, admit in writing its inability or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of fail generally to pay its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent or any of its Subsidiaries for the purpose of effecting any of the foregoingdebts as they become due; or
Appears in 2 contracts
Samples: Term Loan Credit Agreement (AdvancePierre Foods Holdings, Inc.), Term Loan Credit Agreement (AdvancePierre Foods Holdings, Inc.)
Bankruptcy, etc. The Parent Any Credit Party or any of its Subsidiaries Subsidiary which owns one or more Rigs shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent any Credit Party or any of its Subsidiaries Subsidiary which owns one or more Rigs and the petition is not controverted within 10 days after service of summons, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent any Credit Party or any of its Subsidiaries Subsidiary which owns one or the Parent more Rigs or any of its Subsidiaries Credit Party or any Subsidiary which owns one or more Rigs commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction (other than as permitted pursuant to Section 10.02) whether now or hereafter in effect relating to the Parent any Credit Party or any of its Subsidiaries Subsidiary which owns one or more Rigs or there is commenced against the Parent any Credit Party or any of its Subsidiaries Subsidiary which owns one or more Rigs, any such proceeding which remains undismissed for a period of 60 days, or the Parent any Credit Party or any of its Subsidiaries Subsidiary which owns one or more Rigs is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent any Credit Party or any of its Subsidiaries Subsidiary which owns one or more Rigs suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent any Credit Party or any of its Subsidiaries Subsidiary which owns one or more Rigs makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent any Credit Party or any of its Subsidiaries Subsidiary which owns one or more Rigs remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent Credit Party or any of its Subsidiaries Subsidiary which owns one or more Rigs for its winding up or dissolution or the appointment of a liquidator of any of the Parent Credit Party or any of its SubsidiariesSubsidiary which owns one or more Rigs; or any corporate action is taken by the Parent any Credit Party or any of its Subsidiaries for the purpose of effecting Subsidiary which owns one or more Rigs authorizing any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Pacific Drilling S.A.), Credit Agreement (Pacific Drilling S.A.)
Bankruptcy, etc. The Parent or any of its Subsidiaries Any Credit Party shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent or any of its Subsidiaries and the petition is not controverted within 10 days after service of summons20 days, or is not dismissed within 60 90 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent or any of its Subsidiaries Subsidiaries; or the Parent or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent or any of its Subsidiaries Subsidiaries; or there is commenced against the Parent or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 90 days, ; or the Parent or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 90 days; or the Parent or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Note Purchase Agreement (Stonemor Partners Lp), Note Purchase Agreement (Stonemor Partners Lp)
Bankruptcy, etc. The Parent Borrower or any of its Material Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent Borrower or any of its Material Subsidiaries and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries Material Subsidiaries; or the Parent Borrower or any of its Material Subsidiaries commences any other proceeding under any reorganization, bankruptcy, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries Material Subsidiaries, or there is commenced against the Parent Borrower or any of its Material Subsidiaries any such proceeding which remains undismissed for a period of 60 days, ; or the Parent Borrower or any of its Material Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Borrower or any of its Material Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Borrower or any of its Material Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrower or any of its Material Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Eye Care Centers of America Inc), Credit Agreement (Eye Care Centers of America Inc)
Bankruptcy, etc. The Parent Borrowers or any of its their respective Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent Borrowers or any of its their respective Subsidiaries and the petition is not controverted within 10 days after service of summons30 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrowers or any of its Subsidiaries their respective Subsidiaries, or the Parent Borrowers or any of its their respective Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrowers or any of its Subsidiaries their respective Subsidiaries, or there is commenced against the Parent Borrowers or any of its their respective Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Parent Borrowers or any of its their respective Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Borrowers or any of its their respective Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Borrowers or any of its their respective Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrowers or any of its their respective Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Furniture Brands International Inc), Credit Agreement (Furniture Brands International Inc)
Bankruptcy, etc. The Parent If neither Payee nor any MENY Affiliate is a General Partner of the Borrower, the Borrower or any General Partner of its Subsidiaries the Borrower, shall commence a voluntary case concerning itself under Title 11 Il of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effectaffect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is shall be commenced against the Parent Borrower or any of its Subsidiaries General Partner thereof and the petition is shall not controverted within 10 days after service of summons, be dismissed or is not dismissed stayed within 60 days, days after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is shall be appointed for, or takes take charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries General Partner thereof or the Parent or any of its Subsidiaries commences commence any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolutioninsolvency or similar law of any jurisdiction whether arrangement, adjustments of debt, relief of debtors, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries a General Partner thereof, or there is shall be commenced against the Parent Borrower or any of its Subsidiaries General Partner thereof any such proceeding which remains shall remain undismissed and unstayed for a period of 60 days, or the Parent Borrower or any of its Subsidiaries is General Partner thereof shall be adjudicated insolvent or bankrupt; or any order of relief or other order approving in any such case or proceeding is shall be entered; or the Parent Borrower or any of its Subsidiaries suffers General Partner thereof shall suffer any appointment of any custodian or the like for it or any substantial part of the Borrower's, or any of its property respective Partner's property, to continue undischarged or unstayed for a period of 60 days; or the Parent or any of its Subsidiaries Borrower makes a general assignment for the benefit of creditors; ;
(A) upon the occurrence of any Event of Default specified in clause (c) above, the principal amount owed hereunder, together with accrued interest thereon and any sums or charges due hereunder shall become immediately due and payable without presentment, demand, notice, protest or other requirements of any petition is presented kind (all of which are hereby expressly waived by Borrower) and in (B) upon the case occurrence during the continuance of a petition presented any other Event of Default, Payee may by a Person other than written notice to Borrower declare the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any entire unpaid balance of the Parent principal amount owed hereunder, together with any accrued and unpaid interest thereon and any sums or any charges due hereunder, immediately due and payable, whereupon the same shall become and be forthwith due and payable, without protest, presentment, notice of its Subsidiaries for its winding up dishonor, demand or dissolution or the appointment of a liquidator further notice of any kind (all of the Parent or any of its Subsidiaries; or any corporate action is taken which are hereby expressly waived by the Parent or any of its Subsidiaries for the purpose of effecting any of the foregoing; orBorrower).
Appears in 1 contract
Bankruptcy, etc. The Parent Borrower or any other Specified Subsidiary that is organized under the laws of its Subsidiaries the United States, any state or territory thereof or the District of Columbia shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”"BANKRUPTCY CODE"); or an involuntary case is commenced against the Parent Borrower or any of its Subsidiaries such Specified Subsidiary and the petition is not controverted within 10 days after service commencement of summons, the case; or an involuntary case is commenced against the Borrower or any such Specified Subsidiary and the petition is not dismissed within 60 days, days after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries such Specified Subsidiary; or the Parent Newco 4 or any of its Subsidiaries Specified Subsidiary commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Newco 4 or any of its Subsidiaries Specified Subsidiary; or there is commenced against the Parent Newco 4 or any of its Subsidiaries Specified Subsidiary any such proceeding which that remains undismissed for a period of 60 days, ; or the Parent Newco 4 or any of its Subsidiaries Specified Subsidiary is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Newco 4 or any of its Subsidiaries Specified Subsidiary suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Newco 4 or any of its Subsidiaries Specified Subsidiary makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Newco 4 or any of its Subsidiaries Specified Subsidiary for the purpose of effecting any of the foregoing; oror Newco 4 or any Specified Subsidiary organized under the laws of the United Kingdom is unable to pay its debts as they fall due, or makes a general assignment for the benefit of or a composition with its creditors generally; or Newco 4 or any Specified Subsidiary organized under the laws of the United Kingdom takes any corporate action or other steps are taken or legal proceedings are started for its winding-up, dissolution, administration or insolvent re-organization or for the appointment of a liquidator, administrator or administrative receiver of it.
Appears in 1 contract
Bankruptcy, etc. The Parent (i) Any Loan Party or any of its --------------- Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or (ii) an involuntary case is commenced against the Parent any Loan Party or any of its Subsidiaries and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement of the case; or (iii) a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent any Loan Party or any of its Subsidiaries or the Parent any Loan Party or any of its Subsidiaries commences any other proceeding proceedings under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent any Loan Party or any of its Subsidiaries or there is commenced against the Parent any Loan Party or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Parent or any of its Subsidiaries is adjudicated insolvent or bankrupt; or (iv) any order of relief or other order approving any such case or proceeding is entered; or the Parent (v) any Loan Party or any of its Subsidiaries is adjudicated insolvent or bankrupt; or (vi) any Loan Party or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent (vii) any Loan Party or any of its Subsidiaries makes a general assignment for the benefit of creditors; or (viii) any petition is presented (and in the case of a petition presented by a Person other than the Parent Loan Party or any of its Subsidiaries remains undischarged shall fail to pay, or unstayed for a period of 60 days)shall state that it is unable to pay, or shall be unable to pay, its debts generally as they become due; or (ix) any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent Loan Party or any of its Subsidiaries for shall call a meeting of its winding up creditors with a view to arranging a composition or dissolution adjustment of its debts; or the appointment of a liquidator of (x) any of the Parent Loan Party or any of its SubsidiariesSubsidiaries shall by any act or failure to act consent to, approve of or acquiesce in any of the foregoing; or (xi) any corporate action is taken by the Parent any Loan Party or any of its Subsidiaries for the purpose of effecting any of the foregoing; or.
Appears in 1 contract
Bankruptcy, etc. The Parent (i) Any Loan Party or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or (ii) an involuntary case is commenced against the Parent any Loan Party or any of its Subsidiaries and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement of the case; or (iii) a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent any Loan Party or any of its Subsidiaries or the Parent any Loan Party or any of its Subsidiaries commences any other proceeding proceedings under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent any Loan Party or any of its Subsidiaries or there is commenced against the Parent any Loan Party or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Parent or any of its Subsidiaries is adjudicated insolvent or bankrupt; or (iv) any order of relief or other order approving any such case or proceeding is entered; or the Parent (v) any Loan Party or any of its Subsidiaries is adjudicated insolvent or bankrupt; or (vi) any Loan Party or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent (vii) any Loan Party or any of its Subsidiaries makes a general assignment for the benefit of creditors; or (viii) any petition is presented (and in the case of a petition presented by a Person other than the Parent Loan Party or any of its Subsidiaries remains undischarged shall fail to pay, or unstayed for a period of 60 days)shall state that it is unable to pay, or shall be unable to pay, its debts generally as they become due; or (ix) any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent Loan Party or any of its Subsidiaries for shall call a meeting of its winding up creditors with a view to arranging a composition or dissolution adjustment of its debts; or the appointment of a liquidator of (x) any of the Parent Loan Party or any of its SubsidiariesSubsidiaries CKE FIFTH AMENDED AND RESTATED CREDIT AGREEMENT shall by any act or failure to act consent to, approve of or acquiesce in any of the foregoing; or (xi) any corporate action is taken by the Parent any Loan Party or any of its Subsidiaries for the purpose of effecting any of the foregoing; or.
Appears in 1 contract
Bankruptcy, etc. The Parent Borrowers or any of its their respective Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent Borrowers or any of its their respective Subsidiaries and the petition is not controverted within 10 days after service of summons30 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrowers or any of its Subsidiaries their respective Subsidiaries, or the Parent Borrowers or any of its their respective Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrowers or any of its Subsidiaries their respective Subsidiaries, or there is commenced against the Parent Borrowers or any of its their respective Subsidiaries any such proceeding which remains re- mains undismissed for a period of 60 days, or the Parent Borrowers or any of its their respective Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding proceed- ing is entered; or the Parent Borrowers or any of its Subsidiaries their respective Subsidi- aries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Borrowers or any of its their respective Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrowers or any of its their respective Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Furniture Brands International Inc)
Bankruptcy, etc. The Parent Holding, the Borrower or any of its Subsidiaries ---------------- shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against Holding, the Parent Borrower or any of its Subsidiaries and the petition is not controverted within 10 days after service of summons30 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of Holding, the Parent Borrower or any of its Subsidiaries Subsidiaries; or Holding, the Parent Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holding, the Parent Borrower or any of its Subsidiaries such Subsidiary; or there is commenced against Holding, the Parent Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days; or Holding, or the Parent Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or Holding, the Parent Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or Holding, the Parent Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by Holding, the Parent Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Parent Borrower or any Subsidiary of its Subsidiaries the Borrower shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent Borrower or any Subsidiary of its Subsidiaries the Borrower, and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any Subsidiary of its Subsidiaries the Borrower; or the Parent Borrower or any Subsidiary of its Subsidiaries the Borrower commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any Subsidiary of its Subsidiaries the Borrower, or there is commenced against the Parent Borrower or any Subsidiary of its Subsidiaries the Borrower any such proceeding which remains undismissed for a period of 60 days, ; or the Parent Borrower or any Subsidiary of its Subsidiaries the Borrower is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Borrower or any Subsidiary of its Subsidiaries the Borrower suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Borrower or any Subsidiary of its Subsidiaries the Borrower makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrower or any Subsidiary of its Subsidiaries the Borrower for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Tracor Inc /De)
Bankruptcy, etc. The Parent Aleris or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent Aleris or any of its Subsidiaries Subsidiaries, and the petition is not controverted within 10 days after service of summons, dismissed or is not dismissed stayed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Aleris or any of its Subsidiaries Subsidiaries, or the Parent Aleris or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency insolvency, bankruptcy or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Aleris or any of its Subsidiaries Subsidiaries, or there is commenced against the Parent Aleris or any of its Subsidiaries any such proceeding which remains undismissed and unstayed for a period of 60 days, or the Parent Aleris or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order sought in or approving any such case or proceeding is entered; or the Parent Aleris or any of its Subsidiaries suffers any appointment of any receiver, receiver-manager, monitor, trustee in bankruptcy, custodian or the like for it or any substantial part of its property to continue (which, continues undischarged or and unstayed for a period of 60 daysdays or is consented to by Aleris or such Subsidiary); or the Parent Aleris or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent corporate, limited liability company or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate similar action is taken by the Parent Aleris or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Parent Borrower or any General Partner of its Subsidiaries the Borrower or, if neither Payee nor any MENY Affiliate is a General Partner of the Partnership, the Partnership or any General Partner of the Partnership, shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effectaffect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is shall be commenced against the Parent Partnership, Borrower or any of its Subsidiaries General Partner thereof and the petition is shall not controverted within 10 days after service of summons, be dismissed or is not dismissed stayed within 60 days, days after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is shall be appointed for, or takes take charge of, all or substantially all of the property of the Parent Partnership, Borrower or any of its Subsidiaries General Partner thereof or the Parent or any of its Subsidiaries commences commence any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolutioninsolvency or similar law of any jurisdiction whether arrangement, adjustments of debt, relief of debtors, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Partnership, Borrower or any of its Subsidiaries a General Partner thereof, or there is shall be commenced against the Parent Partnership, Borrower or any of its Subsidiaries General Partner thereof any such proceeding which remains shall remain undismissed and unstayed for a period of 60 days, or the Parent Partnership, Borrower or any of its Subsidiaries is General Partner thereof shall be adjudicated insolvent or bankrupt; or any order of relief or other order approving in any such case or proceeding is shall be entered; or the Parent Partnership, Borrower or any of its Subsidiaries suffers General Partner thereof shall suffer any appointment of any custodian or the like for it or any substantial part of its property the Partnership's Borrower or any of their respective Partner's property, to continue undischarged or unstayed for a period of 60 days; or the Parent or any of its Subsidiaries Partnership makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Parent any of the following shall occur:
(i) the Borrower or any of its Subsidiaries (the Borrower and each of such other Subsidiaries, each a “Principal Party”) shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or or
(ii) an involuntary case is commenced against any Principal Party under the Parent Bankruptcy Code or any of its Subsidiaries other Debtor Relief Law and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement of the case; or or
(iii) a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of any Principal Party; or
(iv) any Principal Party commences (including by way of applying for or consenting to the Parent appointment of, or the taking of possession by, a rehabilitator, receiver, custodian, trustee, conservator, liquidator or similar officer (collectively, a “conservator”) of itself or all or any substantial portion of its Subsidiaries or the Parent or any of its Subsidiaries commences property) any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction other Debtor Relief Law whether now or hereafter in effect relating to such Principal Party; or
(v) any such proceeding of the Parent or any of its Subsidiaries or there type set forth in clause (iv) above is commenced against any Principal Party without the Parent consent or any application of its Subsidiaries any such proceeding which Principal Party and remains undismissed for a period of 60 days, or the Parent or ; or
(vi) any of its Subsidiaries Principal Party is adjudicated insolvent or bankrupt; or or
(vii) any order of relief or other order approving any such case or proceeding under any Debtor Relief Law is entered; or the Parent or or
(viii) any of its Subsidiaries Principal Party suffers any appointment of any custodian conservator or the like for it or any substantial part of its property to continue that continues undischarged or unstayed for a period of 60 days; or the Parent or or
(ix) any of its Subsidiaries Principal Party makes a general assignment for the benefit of creditorscreditors or generally does not pay its debts as such debts become due; or any petition is presented or
(and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or x) any corporate (or similar organizational) action is taken by the Parent or any of its Subsidiaries Principal Party for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Parent Either Borrower, the Guarantor or any of its their Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Bankruptcy Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against either Borrower, the Parent Guarantor or any of its Subsidiaries their Subsidiaries, and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of either Borrower, the Parent Guarantor or any of its Subsidiaries their Subsidiaries, or either Borrower, the Parent Guarantor or any of its their Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to such Borrower, the Parent Guarantor or any of its Subsidiaries their Subsidiaries, or there is commenced against such Borrower, the Parent Guarantor or any of its their Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or either Borrower, the Parent Guarantor or any of its their Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or either Borrower, the Parent Guarantor or any of its their Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part all or substantially all of its property to continue undischarged or Credit Agreement unstayed for a period of 60 days; or either Borrower, the Parent Guarantor or any of its their Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by either Borrower, the Parent Guarantor or any of its their Subsidiaries for the purpose of effecting any of the foregoing; provided, that it shall not constitute an Event of Default under this Agreement to the extent that any of the foregoing events set forth in this Section 10.05 occurs solely with respect to any Specified Subsidiary at a time when such Specified Subsidiary has no material assets, employees or operations; or
Appears in 1 contract
Samples: Credit Agreement (Omnicom Group Inc)
Bankruptcy, etc. The Parent Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent Borrower or any of its Subsidiaries Subsidiaries, and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries Subsidiaries, or the Parent Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries Subsidiaries, or there is commenced against the Parent Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Parent Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent Borrower or any of its Subsidiaries remains undischarged shall be generally not paying its debts as such debts become due or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of shall admit in writing its Subsidiaries for inability to pay its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiariesdebts generally; or any corporate action is taken by the Parent Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Emcore Corp)
Bankruptcy, etc. The Parent Holdings or any of its Subsidiaries ---------------- shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” ", as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”)") or under any similar law of any jurisdiction; or an involuntary case is commenced against the Parent Holdings or any of its Subsidiaries and the petition is not controverted within 10 days after service of summons20 days, or is not dismissed within 60 days, after commencement of the case; or a receiver or custodian (as defined in the Bankruptcy CodeCode or in any similar law of any jurisdiction) is appointed for, or takes charge of, all or substantially all of the property of the Parent Holdings or any of its Subsidiaries Subsidiaries; or the Parent Holdings or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Holdings or any of its Subsidiaries Subsidiaries; or there is commenced against the Parent Holdings or any of its Subsidiaries any such proceeding which that remains undismissed for a period of 60 days, ; or the Parent Holdings or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Holdings or any of its Subsidiaries suffers any appointment of any receiver, custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Holdings or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate Company action is taken by the Parent Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Parent Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent Borrower or any of its Subsidiaries Subsidiaries, and the petition is not controverted within 10 days after service of summonsdays, or is not stayed or dismissed within and remains in effect after 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries Subsidiaries, or the Parent Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries Subsidiaries, or there is commenced against the Parent Borrower or any of its Subsidiaries any such proceeding which remains undismissed or unstayed for a period of 60 days, or the Parent Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Ace LTD)
Bankruptcy, etc. The Parent US Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent US Borrower or any of its Subsidiaries Subsidiaries, and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent US Borrower or any of its Subsidiaries Subsidiaries, or the Parent US Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent US Borrower or any of its Subsidiaries Subsidiaries, or there is commenced against the Parent US Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Parent US Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent US Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent US Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent US Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Sitel Corp)
Bankruptcy, etc. The Parent Parent, the Borrower or any of the Borrower's Material Subsidiaries shall generally not pay its Subsidiaries debts as such debts become due, or shall admit in writing its inability to pay its debts generally, or shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” ", as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent Parent, the Borrower or any of its the Borrower's Material Subsidiaries and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed or discharged, within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Parent, the Borrower or any of its Subsidiaries the Borrower's Material Subsidiaries, or the Parent Parent, the Borrower or any of its the Borrower's Material Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Parent, the Borrower or any of its Subsidiaries the Borrower's Material Subsidiaries, or there is commenced against the Parent Parent, the Borrower or any of its the Borrower's Material Subsidiaries any such proceeding which remains undismissed or undischarged for a period of 60 days, or the Parent Parent, the Borrower or any of its the Borrower's Material Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Parent, the Borrower or any of its the Borrower's Material Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Parent, the Borrower or any of its the Borrower's Material Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Parent, the Borrower or any of its the Borrower's Material Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Parent Borrowers or any of its their respective Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent Borrowers or any of its their respective Subsidiaries and the petition is not controverted within 10 days after service of summons30 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrowers or any of its Subsidiaries their respective Subsidi- aries, or the Parent Borrowers or any of its their respective Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrowers or any of its Subsidiaries their respective Subsidiaries, or there is commenced against the Parent Borrowers or any of its their respective Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Parent Borrowers or any of its their respective Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Borrowers or any of its their respective Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Borrowers or any of its their respective Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrowers or any of its their respective Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Interco Inc)
Bankruptcy, etc. The Parent Holdings or any of its Subsidiaries (other than any Immaterial Subsidiary) shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent Holdings or any of its Subsidiaries (other than any Immaterial Subsidiary), and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, days after commencement of the casefiling thereof; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Holdings or any of its Subsidiaries (other than any Immaterial Subsidiary), to operate all or any substantial portion of the Parent business of Holdings or any of its Subsidiaries (other than any Immaterial Subsidiary), or Holdings or any of its Subsidiaries (other than any Immaterial Subsidiary) commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Holdings or any of its Subsidiaries (other than any Immaterial Subsidiary), or there is commenced against the Parent Holdings or any of its Subsidiaries (other than any Immaterial Subsidiary) any such proceeding (including any Luxembourg Insolvency Event) which remains undismissed for a period of 60 daysdays after the filing thereof, or the Parent Holdings or any of its Subsidiaries (other than any Immaterial Subsidiary) is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Holdings or any of its Subsidiaries suffers (other than any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent or any of its Subsidiaries Immaterial Subsidiary) makes a general assignment for the benefit of creditors; or any petition Business action is presented (and in the case of a petition presented taken by a Person other than the Parent Holdings or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or (other than any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent or any of its Subsidiaries Immaterial Subsidiary) for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Reimbursement Agreement (Endeavour International Corp)
Bankruptcy, etc. The Parent Borrower or any of its --------------- Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent Borrower or any of its Subsidiaries Subsidiaries, and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries Subsidiaries, or the Parent Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries Subsidiaries, or there is commenced against the Parent Borrower or any of its Subsidiaries any such proceeding which remains undismissed or unstayed for a period of 60 days, or the Parent Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Parent Holdings or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent Holdings or any of its Subsidiaries and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Holdings or any of its Subsidiaries Subsidiaries; or the Parent Holdings or any of its Subsidiaries commences (including by way of applying for or consenting to the appointment of, or the taking of possession by, a rehabilitator, receiver, custodian, trustee, conservator or liquidator (collectively, a "conservator") of itself or all or any substantial portion of its property) any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation insolvency, liquidation, rehabilitation, conservatorship or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Holdings or any of its Subsidiaries; or any such proceeding is commenced against Holdings or any of its Subsidiaries or there is commenced against the Parent or any of its Subsidiaries any such proceeding which and remains undismissed for a period of 60 days, ; or the Parent Holdings or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or (a) any Regulated Insurance Company which is engaged in the Parent business of underwriting insurance and/or reinsurance in the United States suffers any appointment of any conservator or the like for it or any substantial part of its property, or (b) Holdings or any of its Subsidiaries (other than any Regulated Insurance Company described in the immediately preceding clause (a)) suffers any appointment of any custodian conservator or the like for it or any substantial part of its property to continue which continues undischarged or unstayed for a period of 60 days; or the Parent Holdings or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Parent (i) Borrower, LLC General Partner, Funding Partnership or any of its Subsidiaries Managing Member shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or (ii) an involuntary case is commenced against the Parent Borrower, LLC General Partner, Funding Partnership or any of its Subsidiaries Managing Member and the petition is not controverted within 10 days after service of summonssixty (60) days, or is not dismissed within 60 ninety (90) days, after commencement of the case; case or (iii) a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower, LLC General Partner, Funding Partnership or any of its Subsidiaries Managing Member, or the Parent Borrower, LLC General Partner, Funding Partnership or any of its Subsidiaries Managing Member commences any other proceeding proceedings under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower, LLC General Partner, Funding Partnership or any of its Subsidiaries Managing Member, or there is commenced against the Parent Borrower, LLC General Partner, Funding Partnership or any of its Subsidiaries Managing Member any such proceeding which remains undismissed for a period of 60 ninety (90) days, or the Parent or any of its Subsidiaries is adjudicated insolvent or bankrupt; or (iv) any order of relief or other order approving any such case or proceeding is entered; or the Parent (v) Borrower, LLC General Partner, Funding Partnership or any of its Subsidiaries Managing Member is adjudicated insolvent or bankrupt; or (vi) Borrower, LLC General Partner, Funding Partnership or Managing Member suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 sixty (60) days; or the Parent (vii) Borrower, LLC General Partner, Funding Partnership or any of its Subsidiaries Managing Member makes a general assignment for the benefit of creditors; or any petition (viii) Borrower, LLC General Partner, Funding Partnership or Managing Member shall fail to pay, or shall state that it is presented unable to pay, or shall be unable to pay, its debts generally as they become due; or (and in the case of ix) Borrower, LLC General Partner, Funding Partnership or Managing Member shall call a petition presented by a Person other than the Parent or any meeting of its Subsidiaries remains undischarged creditors with a view to arranging a composition or unstayed for a period adjustment of 60 days)its debt; or any order is made (x) Borrower, LLC General Partner, Funding Partnership or Managing Member shall by any competent court for winding upact or failure to act consent to, dissolution approve of or the appointment of a liquidator; or any resolution is passed by acquiesce in any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiariesforegoing; or (xi) any corporate or partnership action is taken by the Parent Borrower, LLC General Partner, Funding Partnership or any of its Subsidiaries Managing Member for the purpose of effecting any of the foregoing; or.
Appears in 1 contract
Samples: Loan Agreement (Sun Communities Inc)
Bankruptcy, etc. The Parent (i) Any Loan Party or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or (ii) an involuntary case is commenced against the Parent any Loan Party or any of its Subsidiaries and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement of the case; or (iii) a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent any Loan Party or any of its Subsidiaries or the Parent any Loan Party or any of its Subsidiaries commences any other proceeding proceedings under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent any Loan Party or any of its Subsidiaries or there is commenced against the Parent any Loan Party or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Parent or any of its Subsidiaries is adjudicated insolvent or bankrupt; or (iv) any order of relief or other order approving any such case or proceeding is entered; or the Parent (v) any Loan Party or any of its Subsidiaries is adjudicated insolvent or bankrupt; or (vi) any Loan Party or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent (vii) any Loan Party or any of its Subsidiaries makes a general assignment for the benefit of creditors; or (viii) any petition is presented (and in the case of a petition presented by a Person other than the Parent Loan Party or any of its Subsidiaries remains undischarged shall fail to pay, or unstayed for a period of 60 days)shall state that it is unable to pay, or shall be unable to pay, its debts generally as they become due; or (ix) any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent Loan Party or any of its Subsidiaries for shall call a meeting of its winding up creditors with a view to arranging a composition or dissolution adjustment of its debts; or the appointment of a liquidator of (x) any of the Parent Loan Party or any of its SubsidiariesSubsidiaries shall by any act or failure to act consent to, approve of 95 101 or acquiesce in any of the foregoing; or (xi) any corporate action is taken by the Parent any Loan Party or any of its Subsidiaries for the purpose of effecting any of the foregoing; or.
Appears in 1 contract
Bankruptcy, etc. The Parent (i) Borrower or any of its Subsidiaries other Loan Party shall --------------- commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary (ii) aninvoluntary case is commenced against the Parent or Borroweror any of its Subsidiaries other Loan Party- and the petition is not controverted within 10 days after service of summonsthirty (30) days, or is not dismissed within 60 ninety (90) days, after commencement of the case; case or (iii) a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower, any other Loan Party or Borrower or any of its Subsidiaries or the Parent or any of its Subsidiaries other Loan Party commences any other proceeding proceedings under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent or Borrower, any of its Subsidiaries other Loan Party or there is commenced against the Parent Borrower or any of its Subsidiaries other Loan Party any such proceeding which remains undismissed for a period of 60 ninety (90) days, or the Parent or any of its Subsidiaries is adjudicated insolvent or bankrupt; or (iv) any order of relief or other order approving any such case or proceeding is entered; or the Parent (v) Borrower or any of its Subsidiaries other Loan Party is adjudicated insolvent or bankrupt; or (vi) Borrower or any other Loan Party suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 ninety (90) days; or the Parent (vii) Borrower or any of its Subsidiaries other Loan Party makes a general assignment for the benefit of creditors; or (viii) Borrower, any petition other Loan Party shall fail to pay, or shall state that it is presented unable to pay, or shall be unable to pay, its debts generally as they become due; or (and in the case of a petition presented by a Person other than the Parent ix) Borrower or any other Loan Party shall call a meeting of its Subsidiaries remains undischarged creditors with a view to arranging a composition or unstayed for a period adjustment of 60 days)its debt; or (x) Borrower or any order is made other Loan Party shall by any competent court for winding upact or failure to act consent to, dissolution approve of or the appointment of a liquidator; or any resolution is passed by acquiesce in any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiariesforegoing; or (xi) any corporate or partnership action is taken by the Parent Borrower or any of its Subsidiaries other Loan Party for the purpose of effecting any of the foregoing; or.
Appears in 1 contract
Bankruptcy, etc. The Parent Company, any Designated Subsidiary Account Party, any Regulated Insurance Company or any of its Subsidiaries Significant Subsidiary shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent or any of its Subsidiaries such Person and the petition is not controverted within 10 days after service of summons, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent any such Person or any such Person commences (including by way of applying for or consenting to the appointment of, or the taking of possession by, a rehabilitator, receiver, custodian, trustee, conservator, administrator or liquidator or other similar official in any jurisdiction (collectively, a “conservator”) of itself or all or any substantial portion of its Subsidiaries or the Parent or any of its Subsidiaries commences property) any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation insolvency, administration, liquidation, rehabilitation, supervision, conservatorship or similar law of any jurisdiction or the Bermuda Companies Law whether now or hereafter in effect relating to the Parent any such Person; or any of its Subsidiaries or there such proceeding is commenced against the Parent any such Person and such proceeding is not dismissed within 60 days; or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Parent or any of its Subsidiaries Person is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent or any of its Subsidiaries such Person suffers any appointment of any custodian conservator or the like for it or any substantial part of its property to continue which continues undischarged or unstayed for a period of 60 days; or the Parent or any of its Subsidiaries such Person makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent or any of its Subsidiaries such Person for the purpose of effecting any of the foregoing; oror SECTION
Appears in 1 contract
Samples: Five Year Secured Letter of Credit Facility Agreement (Validus Holdings LTD)
Bankruptcy, etc. The Borrower or Parent or any of its Subsidiaries shall commence a voluntary --------------- case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, effect or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is shall be commenced against the Borrower or Parent or any of its Subsidiaries and the petition is such case shall be controverted but shall not controverted within 10 days after service of summons, or is not be dismissed within 60 days, days after the commencement of the case; or Borrower or Parent shall not generally be paying its debts as they become due; or a custodian (as defined in the Bankruptcy Code) is shall be appointed for, or takes shall take charge of, all or substantially all of the property of the Borrower or Parent or any of its Subsidiaries Borrower or the Parent or any of its Subsidiaries commences shall commence any other proceeding under any reorganization, arrangement, adjustment readjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or Parent or any of its Subsidiaries or there is shall be commenced against the Borrower or Parent or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, days or the Borrower or Parent or there shall be commenced against Borrower or Parent any such proceeding which remains undismissed for a period of its Subsidiaries is 60 days or Borrower or Parent shall be adjudicated insolvent in solvent or bankrupt; or Borrower or Parent shall fail to controvert in a timely manner any such case under the Bankruptcy Code or any such proceeding, or any order of relief or other order approving any such case or proceeding is shall be entered; or Borrower or Parent by any act or failure to act shall indicate its consent to, approval of or acquiescence in any such case or proceeding or in the Parent or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property or shall suffer any such appointment to continue undischarged or unstayed for a period of 60 days; Borrower or the Parent or any of its Subsidiaries makes shall make a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is shall be taken by the Borrower or Parent or any of its Subsidiaries for the purpose of effecting any of the foregoing; or;
Appears in 1 contract
Bankruptcy, etc. The Parent Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent Borrower or any of its Subsidiaries and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed or discharged within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries Subsidiaries, or the Parent Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries Subsidiaries, or there is commenced against the Parent Borrower or any of its Subsidiaries any such proceeding which remains undismissed or undischarged for a period of 60 days, or the Parent Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Parent REIT or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent REIT or any of its Subsidiaries and the petition is not controverted within 10 days after service of summons30 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent REIT or any of its Subsidiaries or the Parent REIT or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent REIT or any of its Subsidiaries Subsidiaries, or there is commenced against the Parent REIT or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Parent REIT or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is enteredentered and is not vacated or stayed within 60 days; or the Parent REIT or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent REIT or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any partnership and/or corporate action is taken by the Parent REIT or any of its Subsidiaries for the purpose of effecting any of the foregoing; provided, however, that the occurrence of any of the events described in this Section 9.05 with respect to a Subsidiary of the REIT that is not the Borrower or a Subsidiary Guarantor and is not a Subsidiary of the REIT to which more than $25,000,000 of Book Value is attributable shall not be a Default or an Event of Default; or
Appears in 1 contract
Samples: Credit Agreement (Eldertrust)
Bankruptcy, etc. The Parent Borrower or any of its Subsidiaries (excluding Immaterial Subsidiaries) shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent Borrower or any of its Subsidiaries (excluding Immaterial Subsidiaries), and the petition is not controverted within 10 days after service of summons15 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries (excluding Immaterial Subsidiaries), or the Parent Borrower or any of its Subsidiaries (excluding Immaterial Subsidiaries) commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries (excluding Immaterial Subsidiaries), or there is commenced against the Parent Borrower or any of its Subsidiaries (excluding Immaterial Subsidiaries) any such proceeding which remains undismissed for a period of 60 days, or the Parent Borrower or any of its Subsidiaries (excluding Immaterial Subsidiaries) is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Borrower or any of its Subsidiaries (excluding Immaterial Subsidiaries) suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Borrower or any of its Subsidiaries (excluding Immaterial Subsidiaries) makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrower or any of its Subsidiaries (excluding Immaterial Subsidiaries) for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Doubletree Corp)
Bankruptcy, etc. The Parent Any Credit Party or any Material Subsidiary of its Subsidiaries the Company shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent any Credit Party or any Material Subsidiary of its Subsidiaries the Company, and the petition is not controverted within 10 days after service of summons30 days, or is not dismissed within 60 daysdays after the filing thereof, after commencement provided, however, that during the pendency of the casesuch period, each Lender shall be relieved of its obligation to extend credit hereunder; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent any Credit Party or any Material Subsidiary of its Subsidiaries or the Parent Company, to operate all or any substantial portion of its Subsidiaries the business any Credit Party or any Material Subsidiary of the Company, or any Credit Party or any Material Subsidiary of the Company commences any other proceeding under in relation to any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, bankruptcy, insolvency or liquidation any analogous procedure or similar law of step is taken in any jurisdiction whether now or hereafter in effect relating to the Parent any Credit Party or any Material Subsidiary of its Subsidiaries the Company (including under any Dutch Insolvency Law or UK Insolvency Law), or there is commenced against the Parent any Credit Party or any Material Subsidiary of its Subsidiaries the Company any such proceeding which remains undismissed for a period of 60 daysdays after the filing thereof, or the Parent any Credit Party or any Material Subsidiary of its Subsidiaries the Company is adjudicated or deemed under applicable law insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; (including the entry of an order of relief against it or for the Parent or any of its Subsidiaries suffers any appointment of any a receiver, controller, receiver-manager, trustee, monitor, custodian or the like similar official for it or for any substantial part of its property to continue undischarged or unstayed for a period of 60 daysproperty) is entered; or the Parent any Credit Party or any Material Subsidiary of its Subsidiaries the Company makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate Business action is taken by the Parent any Credit Party or any Material Subsidiary of its Subsidiaries the Company for the purpose of effecting any of the foregoing; or with respect to a Dutch Credit Party, if it files a notice under section 36 of the Tax Collection Act of the Netherlands (Invorderingswet 1990); or
Appears in 1 contract
Samples: Abl Credit Agreement (Tesla, Inc.)
Bankruptcy, etc. (i) The Parent Borrower or any of its Subsidiaries Material Subsidiary shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or (ii) an involuntary case is commenced against the Parent Borrower or any of its Subsidiaries Material Subsidiary and the petition is not controverted within 10 days after service of summons30 days, or is not dismissed within 60 days, after commencement of the case; or (iii) a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries Material Subsidiary or the Parent Borrower or any of its Subsidiaries Material Subsidiary commences any other proceeding proceedings under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries Material Subsidiary or there is commenced against the Parent Borrower or any of its Subsidiaries Material Subsidiary any such proceeding which remains undismissed for a period of 60 days, or the Parent or any of its Subsidiaries is adjudicated insolvent or bankrupt; or (iv) any order of relief or other order approving any such case or proceeding is entered; or (v) the Parent Borrower or any of its Subsidiaries Material Subsidiary is adjudicated insolvent or bankrupt; or (vi) the Borrower or any Material Subsidiary suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or (vii) the Parent Borrower or any of its Subsidiaries Material Subsidiary makes a general assignment for the benefit of creditors; or (viii) the Borrower or any petition Material Subsidiary shall fail to pay, or shall state that it is presented unable to pay, or shall be unable to pay, its debts generally as they become due; or (and in ix) the case Borrower or any Material Subsidiary shall call a meeting of a petition presented by a Person its creditors (other than a meeting solely with the Parent Banks) with a view to arranging a composition or adjustment of its debts; or (x) the Borrower or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made Material Subsidiary shall by any competent court for winding upact or failure to act consent to, dissolution approve of or the appointment of a liquidator; or any resolution is passed by acquiesce in any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiariesforegoing; or (xi) any corporate action is taken by the Parent Borrower or any of its Subsidiaries Material Subsidiary for the purpose of effecting any of the foregoing; or.
Appears in 1 contract
Bankruptcy, etc. (i) The Parent Company or any of its Subsidiaries Other Guarantor shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or (ii) an involuntary case is commenced against the Parent Company or any of its Subsidiaries Other Guarantor and the petition is not controverted contested within 10 days after service of summonssixty (60) days, or is not dismissed within 60 ninety (90) days, after commencement of the case; case or (iii) a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Company or any of its Subsidiaries Other Guarantor or the Parent Company or any of its Subsidiaries Other Guarantor commences any other proceeding proceedings under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Company or any of its Subsidiaries Other Guarantor or there is commenced against the Parent Company or any of its Subsidiaries Other Guarantor any such proceeding which remains undismissed for a period of 60 ninety (90) days, or the Parent or any of its Subsidiaries is adjudicated insolvent or bankrupt; or (iv) any order of relief or other order approving any such case or proceeding is entered; or (v) the Parent Company or any of its Subsidiaries Other Guarantor is adjudicated insolvent or bankrupt; or (vi) the Company or any Other Guarantor suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 ninety (90) days; or (vii) the Parent Company or any of its Subsidiaries Other Guarantor makes a general assignment for the benefit of creditors; or any petition is presented (and in viii) the case of a petition presented by a Person other than the Parent Company or any Other Guarantor shall fail to pay, or shall state that it is unable to pay, or shall be unable to pay, its debts generally as they become due; or (ix) the Company or any Other Guarantor shall call a meeting of its Subsidiaries remains undischarged creditors with a view to arranging a composition or unstayed for a period adjustment of 60 days)its debt; or (x) the Company or any order is made Other Guarantor shall by any competent court for winding upact or failure to act consent to, dissolution approve of or the appointment of a liquidator; or any resolution is passed by acquiesce in any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiariesforegoing; or (xi) any corporate or partnership action is taken by the Parent Company or any of its Subsidiaries Other Guarantor for the purpose of effecting any of the foregoing; or.
Appears in 1 contract
Samples: Facility and Guaranty Agreement (Sun Communities Inc)
Bankruptcy, etc. The Parent Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent Borrower or any of its Subsidiaries and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries Subsidiaries; or the Parent Borrower or any of its Subsidiaries commences (including by way of applying for or consenting to the appointment of, or the taking of possession by, a rehabilitator, receiver, custodian, trustee, conservator or liquidator (collectively, a “conservator”) of itself or all or any substantial portion of its property) any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation insolvency, liquidation, rehabilitation, supervision, conservatorship or similar law of any jurisdiction or the Bermuda Companies Law whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries; or any such proceeding is commenced against (a) any Regulated Insurance Company which is engaged in the business of underwriting insurance and/or reinsurance in the United States, or (b) the Parent Borrower or any of its Subsidiaries or there is commenced against (other than (x) any Regulated Insurance Company described in the Parent or any of its Subsidiaries any immediately preceding clause (a)) to the extent such proceeding which is consented to by such Person, and in the case of either clause (a) or (b) remains undismissed for a period of 60 days, ; or the Parent Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or (a) any Regulated Insurance Company which is engaged in the business of underwriting insurance and/or reinsurance in the United States suffers any appointment of any conservator or the like for it or any substantial part of its property, or (b) the Parent Borrower or any of its Subsidiaries (other than any Regulated Insurance Company described in the immediately preceding clause (a)) suffers any appointment of any custodian conservator or the like for it or any substantial part of its property to continue which continues undischarged or unstayed for a period of 60 days; or the Parent Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; oror Back to Contents
Appears in 1 contract
Samples: Credit Agreement (Endurance Specialty Holdings LTD)
Bankruptcy, etc. The Parent the Company or any of its Material Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”"BANKRUPTCY CODE"); or an involuntary case is commenced against the Parent Company or any of its Material Subsidiaries and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Company or any of its Subsidiaries Material Subsidiaries; or the Parent Company or any of its Material Subsidiaries commences (including by way of applying for or consenting to the appointment of, or the taking of possession by, a rehabilitator, receiver, custodian, trustee, conservator or liquidator (collectively, a "CONSERVATOR") of itself or all or any substantial portion of its property) any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation insolvency, liquidation, rehabilitation, conservatorship or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Company or any of its Subsidiaries Material Subsidiaries; or there any such proceeding is commenced against the Parent Company or any of its Material Subsidiaries any to the extent such proceeding which is consented by such person or remains undismissed for a period of 60 days, ; or the Parent Company or any of its Material Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Company or any of its Material Subsidiaries suffers any appointment of any custodian conservator or the like for it or any substantial part of its property to continue which continues undischarged or unstayed for a period of 60 days; or the Parent Company or any of its Material Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented corporate (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate similar organizational) action is taken by the Parent Company or any of its Material Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Parent Borrower or any of its Subsidiaries (other than an Immaterial Subsidiary) shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent Borrower or any of its Subsidiaries (other than an Immaterial Subsidiary) and the petition is not controverted within 10 days after service of summons15 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries (other than an Immaterial Subsidiary) or the Parent Borrower or any of its Subsidiaries (other than an Immaterial Subsidiary) commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries (other than an Immaterial Subsidiary), or there is commenced against the Parent Borrower or any of its Subsidiaries (other than an Immaterial Subsidiary) any such proceeding which remains undismissed for a period of 60 days, or the Parent Borrower or any of its Subsidiaries (other than an Immaterial Subsidiary) is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Borrower or any of its Subsidiaries (other than an Immaterial Subsidiary) suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Borrower or any of its Subsidiaries (other than an Immaterial Subsidiary) makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrower or any of its Subsidiaries (other than an Immaterial Subsidiary) for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Parent (i) Any Loan Party or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or (ii) an involuntary involun tary case is commenced against the Parent any Loan Party or any of its Subsidiaries and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement of the case; or (iii) a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent any Loan Party or any of its Subsidiaries or the Parent any Loan Party or any of its Subsidiaries commences any other proceeding proceedings under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent any Loan Party or any of its Subsidiaries or there is commenced against the Parent any Loan Party or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Parent or any of its Subsidiaries is adjudicated insolvent or bankrupt; or (iv) any order of relief or other order approving any such case or proceeding is entered; or the Parent (v) any Loan Party or any of its Subsidiaries is adjudicated insolvent or bankrupt; or (vi) any Loan Party or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent (vii) any Loan Party or any of its Subsidiaries makes a general assignment for the benefit of creditors; or (viii) any petition is presented (and in the case of a petition presented by a Person other than the Parent Loan Party or any of its Subsidiaries remains undischarged shall fail to pay, or unstayed for a period of 60 days)shall state that it is unable to pay, or shall be unable to pay, its debts generally as they become due; or (ix) any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent Loan Party or any of its Subsidiaries for shall call a meeting of its winding up creditors with a view to arranging a composition or dissolution adjustment of its debts; or the appointment of a liquidator of (x) any of the Parent Loan Party or any of its Subsidiaries; or any corporate action is taken by the Parent or any of its Subsidiaries for the purpose of effecting any of the foregoing; orits
Appears in 1 contract
Bankruptcy, etc. The Parent or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent or any of its Subsidiaries and the petition is not controverted within 10 days after service of summons, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent or any of its Subsidiaries or the Parent or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent or any of its Subsidiaries or there is commenced against the Parent or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Parent or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Parent Parent, the Company or any of its Restricted Subsidiaries (other than an Immaterial Subsidiary) shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against Parent, the Parent Company or any of its Restricted Subsidiaries (other than an Immaterial Subsidiary), and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, days after commencement of the casefiling thereof; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of Parent, the Parent Company or any of its Restricted Subsidiaries (other than an Immaterial Subsidiary), to operate all or any substantial portion of the Parent business of Parent, the Company or any of its Restricted Subsidiaries (other than an Immaterial Subsidiary), or Parent, the Company or any of its Restricted Subsidiaries (other than an Immaterial Subsidiary) commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Parent, the Parent Company or any of its Restricted Subsidiaries (other than an Immaterial Subsidiary), or there is commenced against Parent, the Parent Company or any of its Restricted Subsidiaries any such proceeding which remains undismissed for a period of 60 daysdays after the filing thereof, or Parent, the Parent Company or any of its Restricted Subsidiaries (other than an Immaterial Subsidiary) is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or Parent, the Parent Company or any of its Restricted Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent or any of its Subsidiaries (other than an Immaterial Subsidiary) makes a general assignment for the benefit of creditors; or any petition is presented (and in Parent, the case of a petition presented by a Person other than the Parent Company or any of its Restricted Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of (other than an Immaterial Subsidiary) shall fail generally to pay its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent or any of its Subsidiaries for the purpose of effecting any of the foregoingdebts as they become due; or
Appears in 1 contract
Bankruptcy, etc. The Parent Lead Borrower or any of its Restricted Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated) shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent Lead Borrower or any of its Restricted Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated), and the petition is not controverted within 10 days after service of summons, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) ), receiver, receiver-manager, trustee, monitor is appointed for, or takes charge of, all or substantially all of the property of the Parent Lead Borrower or any of its Restricted Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated), or the Parent Lead Borrower or any of its Restricted Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated) commences any other proceeding under any reorganization, bankruptcy, insolvency, arrangement, winding-up, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Lead Borrower or any of its Restricted Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated), or there is commenced against the Parent Lead Borrower or any of its Restricted Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated) any such proceeding which remains undismissed for a period of 60 days, or the Parent Lead Borrower or any of its Restricted Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated) is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent or Lead Borrower any of its Restricted Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated) suffers any appointment of any custodian custodian, receiver, receiver-manager, trustee, monitor or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Lead Borrower or any of its Restricted Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated) makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent corporate, limited liability company or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate similar action is taken by the Parent Lead Borrower or any of its Restricted Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated) for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. (i) The Parent Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or (ii) an involuntary case is commenced against the Parent Borrower or any of its Subsidiaries and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 30 days, after commencement of the case; or (iii) a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries or the Parent Borrower or any of its Subsidiaries commences any other proceeding proceedings under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries or there is commenced against the Parent Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 30 days, or the Parent or any of its Subsidiaries is adjudicated insolvent or bankrupt; or (iv) any order of relief or other order approving any such case or proceeding is entered; or (v) the Parent Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or (vi) the Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 30 days; or (vii) the Parent Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in viii) the case of a petition presented by a Person other than the Parent Borrower or any of its Subsidiaries remains undischarged shall fail to pay, or unstayed for a period of 60 days); shall state that it is unable to pay, or any order is made by any competent court for winding upshall be unable to pay, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent or any of its Subsidiaries for the purpose of effecting any of the foregoingdebts generally as they become due; or
Appears in 1 contract
Samples: Credit Agreement (Amre Inc)
Bankruptcy, etc. The Parent Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy"BANKRUPTCY,” " as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”"BANKRUPTCY CODE"); or an involuntary case is commenced against the Parent Borrower or any of its Subsidiaries Subsidiaries, and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement of the casecase (provided that the Borrower expressly authorizes the Agent and each Bank to appear in any court conducting any such proceeding during such 60 day period to preserve, protect and defend their rights under this Agreement and the other Credit Documents); or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries Subsidiaries; or the Parent Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries Subsidiaries; or there is commenced against the Parent Borrower or any of its Subsidiaries any such proceeding which that remains undismissed for a period of 60 days, ; or the Parent Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; , or any order of relief or other order approving any such case or proceeding is entered; or the Parent Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 30 days; or the Parent Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person corporate, partnership or other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Parent Holdings or any of its Restricted Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent Holdings or any of its Subsidiaries Restricted Subsidiaries, and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days45 days after the filing thereof, after commencement provided, however, that during the pendency of the casesuch period, each Lender shall be relieved of its obligation to extend credit hereunder; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Holdings or any of its Subsidiaries Restricted Subsidiaries, to operate all or any substantial portion of the Parent business of Holdings or any of its Restricted Subsidiaries, or Holdings or any of its Restricted Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Holdings or any of its Subsidiaries Restricted Subsidiaries, or there is commenced against the Parent Holdings or any of its Restricted Subsidiaries any such proceeding which remains undismissed for a period of 60 days45 days after the filing thereof, or the Parent Holdings or any of its Restricted Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Holdings or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent or any of its Restricted Subsidiaries makes a general assignment for the benefit of creditors; or any petition Business action is presented (and in the case of a petition presented taken by a Person other than the Parent Holdings or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent or any of its Restricted Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. (i) The Parent or any of its the Holdco Guarantors or any of Holdings’ Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent or any of its the Holdco Guarantors or any of Holdings’ Subsidiaries and the petition is not controverted within 10 days after service of summons, or is not dismissed within 60 days, after commencement of the case; or (ii) a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent or any of its the Holdco Guarantors or any of Holdings’ Subsidiaries or (iii) the Parent or any of its the Holdco Guarantors or any of their Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent or any of its the Holdco Guarantors or any of Holdings’ Subsidiaries or there is commenced against the Parent or any of its the Holdco Guarantors or any of Holdings’ Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or (iv) the Parent or any of its the Holdco Guarantors or any of their Subsidiaries is adjudicated insolvent or bankrupt; or (v) any order of relief or other order approving any such case or proceeding is entered; or (vi) the Parent or any of its the Holdco Guarantors or any of Holdings’ Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or (vii) the Parent or any of its the Holdco Guarantors or any of Holdings’ Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or viii) any corporate action is taken by the Parent or any of its the Holdco Guarantors or any of Holdings’ Subsidiaries for the purpose of effecting any of the foregoing; or (ix) the appointment of a chapter 11 trustee or examiner with expanded powers in any of the Parent Bankruptcy Cases or the conversion of a Parent Bankruptcy Case into a case under chapter 7 of the Bankruptcy Code; or
Appears in 1 contract
Samples: Credit Agreement and Forbearance Agreement (Trico Marine Services Inc)
