Bankruptcy, etc. 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 the Borrower or any of its Subsidiaries, and the petition is not controverted within 15 days, or is not dismissed within 60 days after the filing 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 Borrower or any of its Subsidiaries, to operate all or any substantial portion of the business of the Borrower or any of its Subsidiaries, or the 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 Borrower or any of its Subsidiaries, or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereof, or the 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 Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 4 contracts
Samples: Exit Credit Agreement (Lee Enterprises, Inc), Second Lien Loan Agreement (Lee Enterprises, Inc), Credit Agreement (Lee Enterprises Inc)
Bankruptcy, etc. 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 the Borrower or any of its Subsidiaries, and the petition is not controverted within 15 days, or is not dismissed within 60 days after the filing 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 Borrower or any of its Subsidiaries, to operate all or any substantial portion of the business of the Borrower or any of its Subsidiaries, or the 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 Borrower or any of its Subsidiaries, or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereof, or the 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 Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 4 contracts
Samples: Amendment Agreement (Lee Enterprises, Inc), Amendment Agreement (Lee Enterprises, Inc), Second Lien Loan Agreement (Lee Enterprises, Inc)
Bankruptcy, etc. The Borrower or (i) Any Borrower, any of its Subsidiaries Property Owner, any Joint Venture Owner or, if applicable, any Single-Purpose Equityholder shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” (as now amended, modified, succeeded or hereafter in effectreplaced, or any successor thereto (from time to time, the “Bankruptcy Code”); or an involuntary case is commenced against the Borrower or ;
(ii) Any Borrower, any of its SubsidiariesProperty Owner, and the petition is not controverted within 15 daysany Joint Venture Owner or, or is not dismissed within 60 days after the filing thereof; or a custodian (as defined in the Bankruptcy Code) is appointed forif applicable, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, to operate all or any substantial portion of the business of the Borrower or any of its Subsidiaries, or the Borrower or any of its Subsidiaries commences Single-Purpose Equityholder shall commence any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtorscreditors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower such Borrower, Property Owner, Joint Venture Owner or any of its SubsidiariesSingle-Purpose Equityholder, or shall dissolve or otherwise cease to exist;
(iii) there is commenced against any Borrower, any Property Owner, any Joint Venture Owner or, if applicable, any Single-Purpose Equityholder an involuntary case under the Borrower Bankruptcy Code, or any of its Subsidiaries any such proceeding other proceeding, which remains undismissed for a period of 60 days after the filing thereofcommencement;
(iv) Any Borrower, or the Borrower or any of its Subsidiaries Property Owner, any Joint Venture Owner or, if applicable, any Single-Purpose Equityholder is adjudicated insolvent or bankrupt; or ;
(v) Any Borrower, any order Property Owner, any Joint Venture Owner or, if applicable, any Single-Purpose Equityholder suffers appointment of relief or other order approving any such case or proceeding is entered; custodian or the Borrower like for it or for any substantial portion of its Subsidiaries property and such appointment continues unchanged or unstayed for a period of 60 days after commencement of such appointment;
(vi) Any Borrower, any Property Owner, any Joint Venture Owner or, if applicable, any Single-Purpose Equityholder makes a general assignment for the benefit of creditors; or or
(vii) any Company action is taken by the Borrower or any of its Subsidiaries Borrower, Property Owner, Joint Venture Owner or, if applicable, any Single-Purpose Equityholder for the purpose of effecting any of the foregoing; or.
Appears in 3 contracts
Samples: Loan Agreement (Gramercy Capital Corp), Senior Mezzanine Loan Agreement (Gramercy Capital Corp), Senior Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.)
Bankruptcy, etc. The Borrower 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 Borrower Holdings or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 15 10 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower or any of its Subsidiaries, to operate all or any substantial portion of the business of the Borrower Holdings or any of its Subsidiaries, or the Borrower 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 Borrower Holdings or any of its Subsidiaries, or there is commenced against the Borrower Holdings or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereofdays, or the Borrower 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 Holdings or any of its Subsidiaries suffers any appointment of any custodian or the Borrower like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or Holdings or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate action is taken by the Borrower Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 3 contracts
Samples: Credit Agreement (Commodore Media Inc), Credit Agreement (H-R Window Supply Inc), Credit Agreement (Atrium Companies Inc)
Bankruptcy, etc. The Such Borrower or any the Fund of its Subsidiaries which such Borrower is a portfolio 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 any such Borrower or any of its Subsidiariessuch Fund, and the petition is not controverted within 15 10 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 such Borrower or any of its Subsidiariessuch Fund, to operate all or any substantial portion of the business of the such Borrower or any of its Subsidiaries, or the Borrower or any of its Subsidiaries such Fund 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 such Borrower or any of its Subsidiariessuch Fund, or there is commenced against the such Borrower or any of its Subsidiaries such Fund any such proceeding which remains undismissed for a period of 60 days after the filing thereofdays, or the such Borrower or any of its Subsidiaries such Fund is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the such Borrower or such Fund suffers any appointment of any custodian or the like for it or any substantial part of its Subsidiaries property to continue undischarged or unstayed for a period of 60 days; or such Borrower or such Fund makes a general assignment for the benefit of creditors; or any Company action is taken by the such Borrower or any of its Subsidiaries such Fund for the purpose of effecting any of the foregoing; or
Appears in 3 contracts
Samples: Credit Agreement (Galaxy Fund /De/), Credit Agreement (Galaxy Fund Ii), Credit Agreement (Galaxy Vip Fund)
Bankruptcy, etc. The Borrower or any of its Subsidiaries PPL 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 PPL or any of its Subsidiaries, and the petition is such case shall be controverted but shall not controverted within 15 days, or is not be dismissed within 60 days after the filing thereofcommencement of the case; or PPL 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 PPL or any of its Subsidiaries, to operate all or any substantial portion of the business of the Borrower or any of its Subsidiaries, or the Borrower or any of its Subsidiaries commences PPL 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 any of its Subsidiaries, PPL or there is shall be commenced against the Borrower or any of its Subsidiaries PPL any such proceeding which remains undismissed for a period of 60 days after the filing thereof, or the Borrower or any of its Subsidiaries is PPL shall be adjudicated insolvent or bankrupt; or PPL 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 PPL 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 Borrower appointment of any custodian or the like for it or any substantial part of its Subsidiaries makes property or shall suffer any such appointment to continue undischarged or unstayed for a period of 60 days; or PPL shall make a general assignment for the benefit of creditors; or any Company corporate action is shall be taken by the Borrower or any of its Subsidiaries PPL for the purpose of effecting any of the foregoing; or
Appears in 3 contracts
Samples: 364 Day Revolving Credit Agreement (Pp&l Resources Inc), 364 Day Revolving Credit Agreement (PPL Electric Utilities Corp), 364 Day Revolving Credit Agreement (Pp&l Inc)
Bankruptcy, etc. The Borrower 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 Borrower Holdings or any of its SubsidiariesSubsidiaries (other than any Immaterial Subsidiary), and the petition is not controverted within 15 10 days, or is not dismissed within 60 days after the filing 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 Borrower Holdings or any of its SubsidiariesSubsidiaries (other than any Immaterial Subsidiary), to operate all or any substantial portion of the business of the Borrower or any of its Subsidiaries, or the Borrower 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 Borrower Holdings or any of its SubsidiariesSubsidiaries (other than any Immaterial Subsidiary), or there is commenced against the Borrower Holdings or any of its Subsidiaries (other than any Immaterial Subsidiary) any such proceeding which remains undismissed for a period of 60 days after the filing thereof, or the Borrower 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 Borrower Holdings or any of its Subsidiaries (other than any Immaterial Subsidiary) makes a general assignment for the benefit of creditors; or any Company Business action is taken by the Borrower Holdings or any of its Subsidiaries (other than any Immaterial Subsidiary) for the purpose of effecting any of the foregoing; or
Appears in 3 contracts
Samples: Credit Agreement (Endeavour International Corp), Credit Agreement (Endeavour International Corp), Credit Agreement (Endeavour International Corp)
Bankruptcy, etc. (i) The Company, any other 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 Borrower Company or any of its Subsidiaries, Material Subsidiary and the petition is not controverted within 15 30 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower Company or any of its Subsidiaries, to operate all Material Subsidiary or the Company or any substantial portion of the business of the Borrower or any of its Subsidiaries, or the 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 Borrower Company or any of its Subsidiaries, Material Subsidiary or there is commenced against the Borrower Company or any of its Subsidiaries Material Subsidiary any such proceeding which remains undismissed for a period of 60 days after the filing thereof, or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankruptdays; or (iv) any order of relief or other order approving any such case or proceeding is entered; or (v) the Borrower Company or any Material Subsidiary is adjudicated insolvent or bankrupt; or (vi) the Company or any Material Subsidiary suffers any appointment of any custodian or the like for it or any substantial part of its Subsidiaries property to continue undischarged or unstayed for a period of 60 days; or (vii) the Company or any Material Subsidiary makes a general assignment for the benefit of creditors; or (viii) the Company or any Material Subsidiary 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 Material Subsidiary shall by any act or failure to act consent to, approve of or acquiesce in any of the foregoing; or (x) any corporate action is taken by the Borrower Company or any of its Subsidiaries Material Subsidiary for the purpose of effecting any of the foregoing; or
Appears in 3 contracts
Samples: Five Year Credit Agreement (Eastman Chemical Co), Five Year Credit Agreement (Eastman Chemical Co), Five Year Credit Agreement (Eastman Chemical Co)
Bankruptcy, etc. The Borrower 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 Borrower Parent or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 15 10 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower or any of its Subsidiaries, to operate all or any substantial portion of the business of the Borrower Parent or any of its Subsidiaries, or the Borrower 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 Borrower Parent or any of its Subsidiaries, or there is commenced against the Borrower Parent or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereofdays, or the Borrower 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 Parent or any of its Subsidiaries suffers any appointment of any custodian or the Borrower like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or Parent or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate action is taken by the Borrower Parent or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 3 contracts
Samples: Credit Agreement (Capstar Broadcasting Partners Inc), Credit Agreement (Capstar Broadcasting Corp), Credit Agreement (Capstar Radio Broadcasting Partners Inc)
Bankruptcy, etc. The 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 Borrower or any of its Subsidiaries, Material Subsidiaries and the petition is not controverted within 15 20 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower or any of its Material Subsidiaries, to operate all or any substantial portion of the business of the Borrower or any of its Subsidiaries, ; or the 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 Borrower or any of its Material Subsidiaries, ; or there is commenced against the Borrower or any of its Material Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereof, days; or the 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 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 Borrower or any of its Material Subsidiaries makes a general assignment for the benefit of creditors; or any Company action is taken by the Borrower or any of its Material Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 3 contracts
Samples: Credit Agreement (Fairpoint Communications Inc), Credit Agreement (Fairpoint Communications Inc), Credit Agreement (Fairpoint Communications Inc)
Bankruptcy, etc. The Borrower 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 Borrower Holdings or any of its Subsidiaries, and the petition is not controverted within 15 10 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower or any of its Subsidiaries, to operate all or any substantial portion of the business of the Borrower Holdings or any of its Subsidiaries, or the Borrower 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 Borrower Holdings or any of its Subsidiaries, or there is commenced against the Borrower Holdings or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereofdays, or the Borrower 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 Holdings or any of its Subsidiaries suffers any appointment of any custodian or the Borrower like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or Holdings or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate action is taken by the Borrower Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 3 contracts
Samples: Credit Agreement (Atc Group Services Inc /De/), Credit Agreement (Power Ten), Credit Agreement (Information Holdings Inc)
Bankruptcy, etc. The Borrower 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”); or an involuntary case is commenced against the Borrower Company or any of its Material Subsidiaries, and the petition is not controverted within 15 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower Company or any of its Material Subsidiaries, to operate all or any substantial portion of the business of the Borrower Company or any of its Subsidiaries, or the 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 Borrower Company or any of its Material Subsidiaries, or there is commenced against the Borrower Company or any of its Material Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereofdays, or the Borrower 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 Borrower Company 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 Company or any of its Material Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate action is taken by the Borrower Company or any of its Material Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 3 contracts
Samples: Credit Agreement (Sealed Air Corp/De), Credit Agreement (Sealed Air Corp/De), Credit Agreement (Sealed Air Corp/De)
Bankruptcy, etc. 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 the Borrower or any of its Subsidiaries, and the petition is not controverted within 15 90 days, or is not dismissed within 60 days 90 days, after commencement of the filing thereofcase; 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 Borrower or any of its Subsidiaries, to operate all Subsidiaries which custodian is not dismissed within 90 days after the date of such appointment or any substantial portion of the business of the Borrower or any of its Subsidiariesdate such custodian takes charge, or the 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 Borrower or any of its Subsidiaries, or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereof90 days, or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankruptbankrupt in a final non-appealable judgement by a court of competent jurisdiction; or any order of relief or other order approving any such case or proceeding is entered; or 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 90 days; or Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate, limited liability company or similar action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 3 contracts
Samples: Credit Agreement (BOSTON OMAHA Corp), Credit Agreement (BOSTON OMAHA Corp), Credit Agreement (BOSTON OMAHA Corp)
Bankruptcy, etc. The 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 Borrower or any of its Subsidiaries, Material Subsidiaries and the petition is not controverted within 15 days10 days after service of notice of such case on the Borrower or such Material Subsidiary, or is not dismissed within 60 days after commencement of the filing thereofcase; 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 Borrower or any of its Material Subsidiaries, to operate all or any substantial portion of the business of the Borrower or any of its Subsidiaries, ; or the 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 Borrower or any of its Material Subsidiaries, ; or there is commenced against the Borrower or any of its Material Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereof, days; or the 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 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 Borrower or any of its Material Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate action is taken by the Borrower or any of its Material Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Rj Reynolds Tobacco Holdings Inc), Credit Agreement (Rj Reynolds Tobacco Holdings Inc)
Bankruptcy, etc. The Borrower 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 Borrower Holdings or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 15 10 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower Holdings or any of its Subsidiaries, to operate all ; or any substantial portion of the business of the Borrower or any of its Subsidiaries, or the Borrower 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 Borrower Holdings or any of its Subsidiaries, ; or there is commenced against the Borrower Holdings or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereof, days; or the Borrower 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 Holdings or any of its Subsidiaries suffers any appointment of any custodian or the Borrower like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or Holdings or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company action is taken by the Borrower Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Dole Food Co Inc), Credit Agreement (Dole Food Co Inc)
Bankruptcy, etc. The 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 Borrower or any of its Subsidiaries, their respective Subsidiaries and the petition is not controverted within 15 10 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower or any of its their respective Subsidiaries, to operate all or any substantial portion of the business of Holdings, the Borrower or any of its Subsidiaries, or the 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 Borrower or any of its their respective Subsidiaries, or there is commenced against Holdings, the Borrower or any of its their respective Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereofdays, or Holdings, the 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 Borrower or any of 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 Borrower or any of their respective Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate action is taken by Holdings, the Borrower or any of its their respective Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Coinmach Corp), Credit Agreement (Appliance Warehouse of America Inc)
Bankruptcy, etc. The Borrower or any of its Subsidiaries PPL 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 PPL or any of its Subsidiaries, and the petition is such case shall be controverted but shall not controverted within 15 days, or is not be dismissed within 60 days after the filing thereofcommencement of the case; or PPL 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 PPL or any of its Subsidiaries, to operate all or any substantial portion of the business of the Borrower or any of its Subsidiaries, or the Borrower or any of its Subsidiaries commences PPL 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 any of its Subsidiaries, PPL or there is shall be commenced against the Borrower or any of its Subsidiaries PPL any such proceeding which remains undismissed for a period of 60 days after the filing thereof, or the Borrower or any of its Subsidiaries is PPL shall be adjudicated insolvent or bankrupt; or PPL 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 PPL 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 Borrower appointment of any custodian or the like for it or any substantial part of its Subsidiaries makes property or shall suffer any such appointment to continue undischarged or unstayed for a period of 60 days; or PPL shall make a general assignment for the benefit of creditors; or any Company corporate action is shall be taken by the Borrower or any of its Subsidiaries PPL for the purpose of effecting any of the foregoing; oror 6.
Appears in 2 contracts
Samples: 364 Day Revolving Credit Agreement (Pp&l Resources Inc), 364 Day Revolving Credit Agreement (Pp&l Inc)
Bankruptcy, etc. The Borrower HMC 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 HMC or any of its Subsidiaries and the Borrower petition is consented to or acquiesced in by HMC or any of its Subsidiaries, and the petition is not controverted within 15 10 days, or is not dismissed within 60 days 30 days, after commencement of the filing thereofcase; 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 Borrower HMC or any of its Subsidiaries, to operate all Subsidiaries or any substantial portion of the business of the Borrower or any of its Subsidiaries, or the Borrower HMC 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 Borrower HMC or any of its Subsidiaries, or there is commenced against the Borrower HMC or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereof30 days, or the Borrower HMC 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 30 days; or HMC or any of its Subsidiaries suffers any appointment of any custodian, receiver, receiver and manager, trustee, monitor or the Borrower like for it or any substantial part of its property to continue undischarged or unstayed for a period of 30 days; or HMC or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company partnership and/or corporate action is taken by the Borrower HMC 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 Marriott L P), Credit Agreement (Host Marriott Corp/)
Bankruptcy, etc. 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 here after in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Borrower or any of its Subsidiaries, and the petition is not controverted within 15 20 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower or any of its Subsidiaries, to operate all or any substantial portion of the business of the Borrower or any of its SubsidiariesBorrower, or the 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 Borrower or any of its SubsidiariesBorrower, or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which is not controverted within 20 days or remains undismissed for a period of 60 days after the filing thereof, days; or the 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 Borrower suffers any appointment of any custodian or the like for it or any substantial part of its Subsidiaries property to continue undischarged or unstayed for a period of 60 days; or the Borrower makes a general assignment for the benefit of creditors; or any Company cor- porate action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; orthen, and in any such event, and at any time thereafter, if any Event of Default shall then be continuing, the Lender may, at its sole discretion, but subject to (and only to the extent permitted by) the Subordination Agreement, by written notice to the Borrower, take any or all of the following actions, without prejudice to the rights of the Lender to enforce its claims against the Borrower, except as otherwise specifically provided for in this Agreement: (i) declare the Lender's obligation to advance the Loan or any portion thereof terminated; and (ii) declare the principal of and any accrued interest in respect of the Loan and all Obligations to be, whereupon the same shall become, forthwith due and payable without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Borrower.
Appears in 2 contracts
Samples: Loan Agreement (Starwood Hotel & Resorts Worldwide Inc), Loan Agreement (Starwood Hotel & Resorts Worldwide Inc)
Bankruptcy, etc. The 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 Borrower or any of its Subsidiaries, their respective Subsidiaries and the petition is not controverted within 15 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower or any of its Subsidiariestheir respective Subsidiaries or Holdings, to operate all or any substantial portion of the business of the Borrower or any of its Subsidiaries, or the 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 Borrower or any of its Subsidiaries, their respective Subsidiaries or there is commenced against Holdings, the Borrower or any of its their respective Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereofdays, or Holdings, the 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 Borrower or any of 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 Borrower or any of their respective Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate action is taken by Holdings, the Borrower or any of its their respective Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (FSC Semiconductor Corp), Credit Agreement (Generac Portable Products Inc)
Bankruptcy, etc. 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 the Borrower or any of its Subsidiaries, and the petition is not controverted within 15 10 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower or any of its Subsidiaries, to operate all Subsidiaries which custodian is not dismissed within 60 days after the date of such appointment or any substantial portion of the business of the Borrower or any of its Subsidiariesdate such custodian takes charge, or the 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 Borrower or any of its Subsidiaries, or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereofdays, or the 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 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 Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate, limited liability company or similar action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (National Research Corp), Credit Agreement (National Research Corp)
Bankruptcy, etc. 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 the Borrower or any of its Subsidiaries, and the petition is not controverted within 15 30 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower or any of its Subsidiaries, to operate all or any substantial portion of the business of the Borrower or any of its Subsidiaries, or the 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 Borrower or any of its Subsidiaries, or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days after (it is acknowledged and agreed that during the filing thereofcure period for any such involuntary proceeding, the Lenders shall have no obligation to extend new Loans or issue new Letters of Credit), or the 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 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 Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate, limited liability company or similar action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or the Borrower or any Subsidiary becomes unable or admits in writing its inability or fails generally to pay its debts as they become due; or
Appears in 2 contracts
Samples: Credit Agreement (First Horizon Pharmaceutical Corp), Credit Agreement (First Horizon Pharmaceutical Corp)
Bankruptcy, etc. The Borrower Company, any Designated Subsidiary Account Party, any Regulated Insurance Company or any material subsidiary of its Subsidiaries Validus Re 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 Borrower or any of its Subsidiaries, such Person and the petition is not controverted within 15 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower any such Person or any such Person commences (including by way of its Subsidiariesapplying for or consenting to the appointment of, to operate 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 the business of the Borrower or any of its Subsidiaries, or the Borrower 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, supervision, conservatorship or similar law of any jurisdiction or the Bermuda Companies Law whether now or hereafter in effect relating to the Borrower any such Person; or any of its Subsidiaries, or there such proceeding is commenced against the Borrower 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 after the filing thereof, or the Borrower 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 any such Person suffers any appointment of any conservator or the Borrower like for it or any substantial part of its Subsidiaries property which continues undischarged or unstayed for a period of 60 days; or any such Person makes a general assignment for the benefit of creditors; or any Company corporate action is taken by the Borrower or any of its Subsidiaries such Person for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Three Year Unsecured Letter of Credit Facility Agreement (Validus Holdings LTD), Five Year Secured Letter of Credit Facility Agreement (Validus Holdings LTD)
Bankruptcy, etc. The Borrower 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”"); or an involuntary case is commenced against the Borrower Company or any of its Material Subsidiaries, and the petition is not controverted within 15 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower Company or any of its Material Subsidiaries, to operate all or any substantial portion of the business of the Borrower Company or any of its Subsidiaries, or the 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 Borrower Company or any of its Material Subsidiaries, or there is commenced against the Borrower Company or any of its Material Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereofdays, or the Borrower 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 Borrower Company 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 Company or any of its Material Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate action is taken by the Borrower Company or any of its Material Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Global Revolving Credit Agreement (Sealed Air Corp/De), Global Revolving Credit Agreement (Sealed Air Corp/De)
Bankruptcy, etc. The Borrower 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 Borrower Holdings or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 15 20 days, or is not dismissed within 60 days 90 days, after commencement of the filing thereofcase; 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 Borrower Holdings or any of its Subsidiaries, to operate all ; or any substantial portion of the business of the Borrower or any of its Subsidiaries, or the Borrower 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 Borrower Holdings or any of its Subsidiaries, ; or there is commenced against the Borrower Holdings or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereof, 90 days; or the Borrower 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 Holdings or any of its Subsidiaries suffers any appointment of any custodian or the Borrower like for it or any substantial part of its property to continue undischarged or unstayed for a period of 90 days; or Holdings or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate action is taken by the Borrower Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Second Lien Credit Agreement (EnerSys), Credit Agreement (EnerSys)
Bankruptcy, etc. The Borrower or any of its Subsidiaries PPL shall commence a voluntary vol- untary 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 PPL or any of its Subsidiaries, and the petition is such case shall be controverted but shall not controverted within 15 days, or is not be dismissed within 60 days after the filing thereofcommencement of the case; or PPL 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 PPL or any of its Subsidiaries, to operate all or any substantial portion of the business of the Borrower or any of its Subsidiaries, or the Borrower or any of its Subsidiaries commences PPL shall commence any other proceeding under any reorganization, arrangement, adjustment readjustment of debt, relief of debtors, dissolution, insolvency insol- vency or liquidation or similar law of any jurisdiction whether whe- ther now or hereafter in effect relating to the Borrower or any of its Subsidiaries, PPL or there is shall be commenced against the Borrower or any of its Subsidiaries PPL any such proceeding which remains undismissed for a period of 60 days after the filing thereof, or the Borrower or any of its Subsidiaries is PPL shall be adjudicated insolvent or bankrupt; or PPL 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 PPL 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 Borrower appointment of any custodian or the like for it or any substantial part of its Subsidiaries makes property or shall suffer any such appointment to continue undischarged or unstayed for a period of 60 days; or PPL shall make a general assignment for the benefit of creditorscredi- tors; or any Company corporate action is shall be taken by the Borrower or any of its Subsidiaries PPL for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: 5 Year Revolving Credit Agreement (Pp&l Inc), 5 Year Revolving Credit Agreement (Pp&l Resources Inc)
Bankruptcy, etc. The 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 Borrower or any of its Subsidiaries, their respective Subsidiaries and the petition is not controverted within 15 10 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower or any of its their respective Subsidiaries; or Holdings, to operate all or any substantial portion of the business of the Borrower or any of its Subsidiaries, or the 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 Borrower or any of its their respective Subsidiaries, ; or there is commenced against Holdings, the Borrower or any of its their respective Subsidiaries any such case or proceeding which remains undismissed for a period of 60 days after the filing thereofdays; or Holdings, or the 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 Borrower or any of 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 Borrower or any of their respective Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate action is taken by Holdings, the Borrower or any of its their respective Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (R&b Falcon Corp), Credit Agreement (R&b Falcon Corp)
Bankruptcy, etc. The 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 Borrower or any of its Subsidiaries, Material Subsidiaries and the petition is not controverted within 15 days30 days after service of summons (or such longer period as may be provided by such summons), or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower or any of its Subsidiaries, to operate all or any substantial portion of the business of the Borrower or any of its Material Subsidiaries, or the 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 Borrower or any of its Subsidiaries, Material Subsidiaries or there is commenced against the Borrower or any of its Material Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereofdays, or the 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 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 Borrower or any of its Material Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate action is taken by the Borrower or any of its Material Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Scorpio Bulkers Inc.), Credit Agreement (Scorpio Bulkers Inc.)
Bankruptcy, etc. The Borrower 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 Borrower Company or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 15 30 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower Company or any of its Subsidiaries, to operate all or any substantial portion of the business of the Borrower or any of its Subsidiaries, ; or the Borrower Company 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 Borrower Company or any of its Subsidiaries, ; or there is commenced against the Borrower Company or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereof, days; or the Borrower 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 the Borrower 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 Company or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate action is taken by the Borrower Company or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Revolving Credit Agreement (Superior Telecom Inc), Senior Secured Reducing Revolving Credit Agreement (Di Industries Inc)
Bankruptcy, etc. 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 the Borrower or any of its Subsidiaries, and the petition relating thereto is not controverted within 15 10 days, or is not dismissed within 60 days days, after the filing thereof, provided, however, that during the pendency of such 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 Borrower or any of its Subsidiaries, to operate all or any substantial portion of the business of the Borrower or any of its Subsidiaries, or the 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 Borrower or any of its Subsidiaries, or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereof, or the 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 Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Pyramid Communication Services, Inc.), Credit Agreement (PAETEC Holding Corp.)
Bankruptcy, etc. The Any 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 any Borrower or any of its Subsidiaries, and the petition is not controverted within 15 10 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower or any of its Subsidiaries, to operate all or any substantial portion of the business of the Borrower or any of its Subsidiaries, or the any 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 (including Canadian Insolvency Law) whether now or hereafter in effect relating to the any Borrower or any of its Subsidiaries, or there is commenced against the any Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereofdays, or the any 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 any Borrower or any of its Subsidiaries suffers any appointment of any 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 any Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate action is taken by the any Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Silgan Holdings Inc), Credit Agreement (Silgan Holdings Inc)
Bankruptcy, etc. The 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 under any similar law of any jurisdiction; or an involuntary case is commenced against the US Borrower or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 15 20 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 US Borrower or any of its Subsidiaries, to operate all or any substantial portion of the business of the Borrower or any of its Subsidiaries, ; or the 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 US Borrower or any of its Subsidiaries, ; or there is commenced against the US Borrower or any of its Subsidiaries any such proceeding which that remains undismissed for a period of 60 days after the filing thereof, days; or the 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 US Borrower 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 US Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company action is taken by the US Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Compass Minerals International Inc), Credit Agreement (Compass Minerals International Inc)
Bankruptcy, etc. The Borrower PESCO 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 Borrower PESCO or any of its Subsidiaries, and the petition is not controverted within 15 10 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower or any of its Subsidiaries, to operate all or any substantial portion of the business of the Borrower PESCO or any of its Subsidiaries, or the Borrower PESCO 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 Borrower PESCO or any of its Subsidiaries, or there is commenced against the Borrower PESCO or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereofdays, or the Borrower PESCO 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 PESCO or any of its Subsidiaries suffers any appointment of any custodian or the Borrower like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or PESCO or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate action is taken by the Borrower PESCO or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Pool Energy Services Co), Credit Agreement (Pool Energy Services Co)
Bankruptcy, etc. The Borrower 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 Borrower Holdings or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 15 20 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower Holdings or any of its Subsidiaries, to operate all ; or any substantial portion of the business of the Borrower or any of its Subsidiaries, or the Borrower 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 Borrower Holdings or any of its Subsidiaries, ; or there is commenced against the Borrower Holdings or any of its Subsidiaries any such proceeding which that remains undismissed for a period of 60 days after the filing thereof, days; or the Borrower 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 Holdings or any of its Subsidiaries suffers any appointment of any receiver, custodian or the Borrower like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or Holdings or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company action is taken by the Borrower Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Compass Minerals International Inc), Credit Agreement (Compass Minerals International Inc)
Bankruptcy, etc. 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 the Borrower or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 15 daysthirty (30) days after service of summons (or such longer period as may be provided by such summons), or is not dismissed within 60 days sixty (60) days, after commencement of the filing thereofcase; 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 Borrower or any of its Subsidiaries, to operate all or any substantial portion of the business of the Borrower or any of its Subsidiaries, or the 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 Borrower or any of its Subsidiaries, Subsidiaries or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereofsixty (60) days, or the 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 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 sixty (60) days; or the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Diamond S Shipping Inc.), Credit Agreement (Diamond S Shipping Inc.)
Bankruptcy, etc. The Borrower 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 Borrower Holdings or any of its Subsidiaries, and the petition is not controverted within 15 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower or any of its Subsidiaries, to operate all or any substantial portion of the business of the Borrower Holdings or any of its Subsidiaries, or the Borrower Holdings or any of its 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 Borrower Holdings or any of its Subsidiaries, or there is commenced against the Borrower Holdings or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereofdays, or the Borrower 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 Holdings or any of its Subsidiaries suffers any appointment of any custodian, administrator, administrative receiver or the Borrower like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or Holdings or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate action is taken by the Borrower Holdings or any of its 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 Borrower Any Credit Party 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 under the Bankruptcy Code is commenced against the Borrower any Credit Party or any of its Subsidiaries, Material Subsidiaries and the petition therefor is not controverted within 15 days10 days after service of notice of such case on such Credit Party or such Material Subsidiary, or is not dismissed within 60 days after commencement of the filing thereofcase; 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 Borrower any Credit Party or any of its Material Subsidiaries, to operate all ; or any substantial portion of the business of the Borrower Credit Party or any of its Subsidiaries, or the 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 Borrower any Credit Party or any of its Material Subsidiaries, ; or there is commenced against the Borrower any Credit Party or any of its Material Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereof, days; or the Borrower any Credit Party 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 Borrower any Credit Party 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 any Credit Party or any of its Material Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate action is taken by the Borrower any Credit Party or any of its Material Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Reynolds American Inc), Credit Agreement (Reynolds American Inc)
Bankruptcy, etc. The (a) Holdings, any 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 Insolvency Proceeding; (the “Bankruptcy Code”)b) [Reserved]; or (c) an involuntary case Insolvency Proceeding is commenced against the Holdings, any Borrower or any of its Subsidiaries, Material Subsidiary and the petition is not controverted within 15 days10 days after commencement thereof; (d) an involuntary Insolvency Proceeding is commenced against Holdings, any Borrower or any Material Subsidiary and the petition is not dismissed or stayed within 60 days after the filing commencement thereof; (e) a Creditor Representative or a custodian (as defined in the Bankruptcy Code) similar Person is appointed for, or takes charge of, all or substantially all of the property of the Holdings, any Borrower or any of its SubsidiariesMaterial Subsidiary; (f) Holdings, to operate all or any substantial portion of the business of the Borrower or any of its Subsidiaries, or the Borrower or any of its Subsidiaries Material Subsidiary commences any other proceeding or action under any reorganization, arrangement, composition, adjustment of debt, relief of debtors, dissolution, winding-up, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Holdings, any Borrower or any of its Subsidiaries, or Material Subsidiary; (g) there is commenced against the Holdings, any Borrower or any of its Subsidiaries Material Subsidiary any such proceeding which referred to in clause (f) above or action that remains undismissed or unstayed for a period of 60 days after the filing thereofdays; (h) Holdings, or the any Borrower or any of its Subsidiaries Material Subsidiary is adjudicated insolvent or bankrupt; or (i) any order of relief or other order approving any such case or proceeding or action is entered; or the (j) Holdings, any Borrower or any Material Subsidiary suffers any appointment of any Creditor Representative or the like for it or any substantial part of its Subsidiaries Property to continue undischarged or unstayed for a period of 60 days; (k) Holdings, any Borrower or any Material Subsidiary makes a general assignment for the benefit of creditors; or (l) any Company corporate action is taken by the Holdings, any Borrower or any of its Subsidiaries Material Subsidiary for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Abl Credit Agreement (Target Hospitality Corp.), Abl Credit Agreement (Target Hospitality Corp.)
Bankruptcy, etc. The Borrower 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 Borrower Parent or any of its Subsidiaries, and the petition is not controverted within 15 10 days, or is not dismissed within 60 45 days after the filing thereof, provided, however, that during the pendency of such 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 Borrower Parent or any of its Subsidiaries, to operate all or any substantial portion of the business of the Borrower Parent or any of its Subsidiaries, or the Borrower 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 Borrower Parent or any of its Subsidiaries, or there is commenced against the Borrower Parent or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 45 days after the filing thereof, or the Borrower 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 Borrower Parent or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company action is taken by the Borrower Parent or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (SAExploration Holdings, Inc.), Credit Agreement (SAExploration Holdings, Inc.)
Bankruptcy, etc. The Such Borrower or any corporation or trust of its Subsidiaries which such Borrower, is a series 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 such Borrower or any corporation or trust of its Subsidiarieswhich such Borrower is a series, and the petition is not controverted within 15 10 days, or is not dismissed within shall continue in effect unstayed for any period of 60 days consecutive days, after commencement of the filing thereofcase; 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 such Borrower or any corporation or trust of its Subsidiarieswhich such Borrower is a series, to operate all or any substantial portion of the business of the such Borrower or any corporation or trust of its Subsidiaries, or the which such Borrower or any of its Subsidiaries is a series 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 such Borrower or any corporation or trust of its Subsidiarieswhich such Borrower is a series, or there is commenced against the such Borrower or any corporation or trust of its Subsidiaries which such Borrower is a series any such proceeding which remains undismissed shall continue in effect unstayed for a any period of 60 days after the filing thereofconsecutive days, or the such Borrower or any corporation or trust of its Subsidiaries which such Borrower is a series is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the such Borrower or any corporation or trust of which such Borrower is a series suffers any appointment of any custodian or the like for it or any substantial part of its Subsidiaries property to continue undischarged or unstayed for a period of 60 consecutive days; or such Borrower or any corporation or trust of which such Borrower is a series makes a general assignment for the benefit of creditors; or any Company corporate or trust action is taken by the such Borrower or any corporation or trust of its Subsidiaries which such Borrower is a series for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. 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 the Borrower or any of its Subsidiaries, and the petition is not controverted within 15 10 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; or a custodian custo-dxxx (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, to operate all or any substantial portion of the business of the Borrower or any of its Subsidiaries, or the Borrower or any of its Subsidiaries commences com-mences 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 Borrower or any of its Subsidiaries, or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereofdays, or the 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 Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any sub-stantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate, limited liability company or similar action is taken by the Borrower or any of its Subsidiaries Subsid-iaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (RCN Corp /De/)
Bankruptcy, etc. The Borrower Any of the Credit Parties or any of its their Subsidiaries shall (i) commence a voluntary case or other voluntary proceeding concerning itself under Title 11 of the United States Bankruptcy Code entitled “Bankruptcy,” as now in any jurisdiction other than the District of Delaware; (ii) move or hereafter cause to be moved any voluntary case or other voluntary proceeding concerning itself under Title 11 of the Bankruptcy Code commenced in effectthe District of Delaware (including without limitation, any of the Chapter 11 Cases) to any other jurisdiction; (iii) commence a voluntary case or other voluntary proceeding under any successor thereto foreign bankruptcy or insolvency laws; (the “Bankruptcy Code”); or iv) have an involuntary case is or other involuntary proceeding commenced against the Borrower or it in any of its Subsidiariesjurisdiction (including any foreign jurisdiction) and, and the petition or request for relief in any such involuntary proceeding is not controverted within 15 days10 days after service of summons, or is and if controverted not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower or any of its Subsidiaries, to operate all or any substantial portion of the business of the Borrower or any of its Subsidiariesproperty, or the Borrower or any of its Subsidiaries (v) 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 Borrower or any of its Subsidiaries, it or there is commenced against the Borrower or any of its Subsidiaries it any such proceeding which remains undismissed for a period of 60 days after the filing thereofdays, or (vi) except in connection with the Borrower or any of its Subsidiaries is Bankruptcy Cases, be adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or (vii) suffer any appointment of any custodian or the Borrower like for it or any substantial part of its Subsidiaries makes property to continue undischarged or unstayed for a period of 60 days; or (viii) make a general assignment for the benefit of creditors; or (ix) take any Company corporate or organizational action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or.
Appears in 1 contract
Samples: Senior Secured, Super Priority Debtor in Possession Credit Agreement (Trico Marine Services Inc)
Bankruptcy, etc. The Borrower 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 Borrower Holdings or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 15 10 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower Holdings or any of its Subsidiaries, to operate all ; or any substantial portion of the business of the Borrower or any of its Subsidiaries, or the Borrower 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 Borrower Holdings or any of its Subsidiaries, ; or there is commenced against the Borrower Holdings or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereof, days; or the Borrower 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 Holdings or any of its Subsidiaries suffers any appointment of any custodian or the Borrower like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or Holdings or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate action is taken by the Borrower Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Nutraceutical International Corp)
Bankruptcy, etc. 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 the Borrower or any of its Subsidiaries, and the petition is not controverted within 15 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower or any of its Subsidiaries, to operate all or any substantial portion of the business of the Borrower or any of its Subsidiaries, or the 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 Borrower or any of its Subsidiaries, or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereofdays, or the 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 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 Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Too Inc)
Bankruptcy, etc. 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 the Borrower or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 15 days10 Business Days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower or any of its Subsidiaries, to operate all or any substantial portion of the business of the Borrower or any of its Subsidiaries, ; or the 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 Borrower or any of its Subsidiaries, such Subsidiary; or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereof, days; or the 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 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 Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Borrower 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 Borrower Holdings or any of its Subsidiaries, and the petition is not controverted within 15 days, or is not dismissed within 60 days after the filing thereof, provided, however, that during the pendency of such 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 Borrower Holdings or any of its Subsidiaries, to operate all or any substantial portion of the business of the Borrower Holdings or any of its Subsidiaries, or the Borrower 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 Borrower Holdings or any of its Subsidiaries, or there is commenced against the Borrower Holdings or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereof, or the Borrower 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 Borrower Holdings or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company action is taken by the Borrower Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Short Term Credit Agreement (CURO Group Holdings Corp.)
Bankruptcy, etc. The Borrower Neodata 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 Borrower Neodata or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 15 10 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower or any of its Subsidiaries, to operate all or any substantial portion of the business of the Borrower Neodata or any of its Subsidiaries, or the Borrower Neodata 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 Borrower Neodata or any of its Subsidiaries, or there is commenced against the Borrower Neodata or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereofdays, or the Borrower Neodata 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 Neodata or any of its Subsidiaries suffers any appointment of any custodian or the Borrower like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or Neodata or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate action is taken by the Borrower Neodata or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. (i) The Borrower or any of its Subsidiaries subsidiaries shall commence a voluntary case concerning itself the Borrower or any of its subsidiaries, as the case may be, under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); (ii) or an involuntary case is commenced against the Borrower or any of its Subsidiariessubsidiaries, and the petition is not controverted within 15 10 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; (iii) 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 Borrower or any of its Subsidiaries, to operate all or any substantial portion of the business of the Borrower or any of its Subsidiariessubsidiaries, or the Borrower or any of its Subsidiaries 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 Borrower or any of its Subsidiariessubsidiaries, as the case may be, or there is commenced against the Borrower or any of its Subsidiaries subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereofdays, or the Borrower or any of its Subsidiaries subsidiaries is adjudicated insolvent or bankrupt; (iv) or any order of relief or other order approving any such case or proceeding is entered; (v) or the Borrower or any of its Subsidiaries subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its respective property to continue undischarged or unstayed for a period of 60 days; (vi) or the Borrower or its subsidiaries makes a general assignment for the benefit of creditors; (vii) or any Company action is taken by the Borrower board of directors or stockholders of the Borrowers or any of its Subsidiaries subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Stock Purchase and Redemption Agreement (Greenfield Online Inc)
Bankruptcy, etc. The Borrower 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 Borrower Holdings or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 15 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower Holdings or any of its Subsidiaries, to operate all ; or any substantial portion of the business of the Borrower or any of its Subsidiaries, or the Borrower 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 (including, without limitation, under the laws of Ireland, the appointment of a liquidator, receiver, examiner, process adviser, administrator, administrative receiver, compulsory manager or other similar officer in respect of Holdings or any of its Subsidiaries or any of their respective assets) whether now or hereafter in effect relating to the Borrower Holdings or any of its Subsidiaries, ; or there is commenced against the Borrower Holdings or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereof, days; or the Borrower 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 Holdings or any of its Subsidiaries suffers any appointment of any custodian or the Borrower like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or Holdings or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate action is taken by the Borrower Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Air Transport Services Group, Inc.)
Bankruptcy, etc. The Borrower 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 Borrower Holdings or any of its Subsidiaries, and the petition is not controverted within 15 10 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower or any of its Subsidiaries, to operate all or any substantial portion of the business of the Borrower Holdings or any of its Subsidiaries, or the Borrower 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 Borrower Holdings or any of its SubsidiariesSubsidiaries (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 Borrower Holdings or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereofdays, or the Borrower 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 Holdings or any of its Subsidiaries suffers any appointment of any custodian or the Borrower like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or Holdings or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate, limited liability company or similar action is taken by the Borrower Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Town Sports International Holdings Inc)
Bankruptcy, etc. The Borrower 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 Borrower Parent or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 15 10 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower Parent or any of its Subsidiaries, to operate all ; or any substantial portion of the business of the Borrower or any of its Subsidiaries, or the Borrower 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 Borrower Parent or any of its Subsidiaries, ; or there is commenced against the Borrower Parent or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereof, days; or the Borrower 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 Parent or any of its Subsidiaries suffers any appointment of any custodian or the Borrower like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or Parent or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate action is taken by the Borrower Parent or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Borrower 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 Borrower Holdings or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 15 10 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower Holdings or any of its Subsidiaries, to operate all ; or any substantial portion of the business of the Borrower or any of its Subsidiaries, or the Borrower 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 Borrower Holdings or any of its Subsidiaries, ; or there is commenced against the Borrower Holdings or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereof, days; or the Borrower 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 Holdings or any of its Subsidiaries suffers any appointment of any custodian or the Borrower like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or Holdings or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate action is taken by the Borrower Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Borrower or any of its Subsidiaries shall commence ---------------- com mence 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 Borrower or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 15 10 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower or any of its Subsidiaries, to operate all ; or any substantial portion of the business of the Borrower or any of its Subsidiaries, or the 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 Borrower or any of its Subsidiaries, ; or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereof, days; or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any an order of for relief or other order approving any such case or proceeding is entered; or 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 days; or the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Any Borrower or any Subsidiary of its Subsidiaries FSA 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 any Borrower or any Subsidiary of its SubsidiariesFSA, and the petition is not controverted within 15 10 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 any Borrower or any Subsidiary of its SubsidiariesFSA, to operate all or FSA or any substantial portion Subsidiary of the business of the Borrower or any of its Subsidiaries, or the Borrower or any of its Subsidiaries FSA 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 Borrower FSA or any Subsidiary of its SubsidiariesFSA, or there is commenced against the Borrower FSA or any Subsidiary of its Subsidiaries FSA any such proceeding which remains undismissed or unstayed for a period of 60 days after the filing thereofdays, or the Borrower FSA or any Subsidiary of its Subsidiaries FSA is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower FSA or any Subsidiary of FSA suffers any appointment of any custodian or the like for it or any substantial part of its Subsidiaries property to continue undischarged or unstayed for a period of 60 days; or FSA or any Subsidiary of FSA makes a general assignment for the benefit of creditors; or any Company corporate action is taken by the Borrower FSA or any of its Subsidiaries Subsidiary of FSA for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Financial Security Assurance Holdings LTD)
Bankruptcy, etc. The Borrower 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 Borrower Holdings or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 15 20 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower Holdings or any of its Subsidiaries, to operate all ; or any substantial portion of the business of the Borrower or any of its Subsidiaries, or the Borrower 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 Borrower Holdings or any of its Subsidiaries, ; or there is commenced against the Borrower Holdings or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereof, days; or the Borrower 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 Holdings or any of its Subsidiaries suffers any appointment of any custodian or the Borrower like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or Holdings or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company action is taken by the Borrower Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (RPP Capital Corp)
Bankruptcy, etc. The Borrower Any Borrower, MobilePro Subsidiary or any member of its Subsidiaries the Davel Group 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 Borrower any Borrower, MobilePro Subsidiary or any member of its Subsidiaries, the Davel Group and the petition is not controverted within 15 10 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower any Borrower, MobilePro Subsidiary or any member of its Subsidiaries, to operate all the Davel Group; or any substantial portion Borrower, MobilePro Subsidiary or any member of the business of the Borrower or any of its Subsidiaries, or the Borrower or any of its Subsidiaries Davel Group 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 Borrower MobilePro or any of its Subsidiaries, ; or there is commenced against the Borrower any Borrower, MobilePro Subsidiary or any member of its Subsidiaries the Davel Group any such proceeding which remains undismissed for a period of 60 days after the filing thereof, or the Borrower days; or any Borrower, MobilePro Subsidiary or any member of its Subsidiaries the Davel Group is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower any Borrower, MobilePro Subsidiary or any member of its Subsidiaries the Davel Group makes a general assignment for the benefit of creditors; or any Company corporate action is taken by the Borrower any Borrower, MobilePro Subsidiary or any member of its Subsidiaries the Davel Group for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Borrower 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 hi effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Borrower Company or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 15 10 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower or any of its Subsidiaries, to operate all or any substantial portion of the business of the Borrower Company or any of its Subsidiaries, or the Borrower Company 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 Borrower Company or any of its Subsidiaries, or there is commenced against the Borrower Company or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereof, days; or the Borrower 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 the Borrower 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 Company or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate action is taken by the Borrower Company or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. 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 the Borrower or any of its Subsidiaries, and the petition is not controverted within 15 10 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower or any of its Subsidiaries, to operate all Subsidiaries which custodian is not dismissed within 60 days after the date of such appointment or any substantial portion of the business of the Borrower or any of its Subsidiariesdate such custodian takes charge, or the 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 Borrower or any of its Subsidiaries, or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereofdays, or the 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 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 Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate, limited liability company or similar action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The (i) Borrower or or, if applicable, any of its Subsidiaries Single-Purpose Equityholder shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” (as now amended, modified, succeeded or hereafter in effectreplaced, or any successor thereto (from time to time, the “Bankruptcy Code”); or an involuntary case is commenced against the Borrower or ;
(ii) Borrower, any of its SubsidiariesOperating Lessee or, and the petition is not controverted within 15 daysif applicable, or is not dismissed within 60 days after the filing 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 Borrower or any of its Subsidiaries, to operate all or any substantial portion of the business of the Borrower or any of its Subsidiaries, or the Borrower or any of its Subsidiaries commences Single-Purpose Equityholder shall commence any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtorscreditors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower Borrower, such Operating Lessee or any of its Subsidiariessuch Single-Purpose Equityholder, or (except as permitted under Section 6.5 of this Agreement) shall dissolve or otherwise cease to exist;
(iii) there is commenced against Borrower, any Operating Lessee or, if applicable, any Single-Purpose Equityholder an involuntary case under the Borrower Bankruptcy Code, or any such other proceeding, which is not discharged, stayed or dismissed within a period of 90 days after commencement;
(iv) Borrower, any Operating Lessee or, if applicable, any Single-Purpose Equityholder is adjudicated insolvent or bankrupt;
(v) Borrower, any Operating Lessee or, if applicable, any Single-Purpose Equityholder suffers appointment of any custodian or the like for it or for any substantial portion of its Subsidiaries any property and such proceeding which remains undismissed appointment continues unchanged or unstayed for a period of 60 days after the filing thereofcommencement of such appointment;
(vi) Borrower, or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or Operating Lessee or, if applicable, any order of relief or other order approving any such case or proceeding is entered; or the Borrower or any of its Subsidiaries Single-Purpose Equityholder makes a general assignment for the benefit of creditors; or or
(vii) any Company action is taken by the Borrower or Borrower, any of its Subsidiaries Operating Lessee or, if applicable, any Single-Purpose Equityholder for the purpose of effecting any of the foregoing; or.
Appears in 1 contract
Samples: Loan Agreement (American Casino & Entertainment Properties LLC)
Bankruptcy, etc. The Borrower 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 Borrower any Credit Party or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 15 10 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower any Credit Party or any of its Subsidiaries, to operate all ; or any substantial portion of the business of the Borrower or any of its Subsidiaries, or the Borrower Credit Party 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 72 -66- effect relating to the Borrower any Credit Party or any of its Subsidiaries, ; or there is commenced against the Borrower any Credit Party or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereof, days; or the Borrower any Credit Party 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 any Credit Party or any of its Subsidiaries suffers any appointment of any custodian or the Borrower like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or any Credit Party or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate action is taken by the Borrower any Credit Party or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Borrower 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 Borrower Holdings or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 15 10 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower Holdings or any of its Subsidiaries, to operate all ; or any substantial portion of the business of the Borrower or any of its Subsidiaries, or the Borrower 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 Borrower Holdings or any of its Subsidiaries, ; or there is commenced against the Borrower Holdings or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereof, days; or the Borrower 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 Holdings or any of its Subsidiaries suffers any appointment of any custodian or the Borrower like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or Holdings or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate action is taken by the Borrower Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Waters Corp /De/)
Bankruptcy, etc. The Borrower Any Borrower, any Material Subsidiary of any Borrower, TWI or any of its Subsidiaries General Partner (each, a "Default Entity") shall commence a voluntary case con cerning itself, or any Partner shall commence such a case concerning itself any Borrower, under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto or any similar foreign statute (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Borrower or any of its Subsidiaries, Default Entity and the petition is not controverted within 15 10 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower any Default Entity; or any of its Subsidiaries, to operate all or any substantial portion of the business of the Borrower or any of its Subsidiaries, or the Borrower or any of its Subsidiaries Default Entity 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 Borrower or any of its Subsidiaries, Default Entity; or there is commenced against the Borrower or any of its Subsidiaries Default Entity any such proceeding which remains undismissed for a period of 60 days after the filing thereof, or the Borrower days; or any of its Subsidiaries Default Entity is adjudicated (by any court of competent jurisdiction) insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or any Default Entity suffers any appointment of any custodian or the Borrower like for it or any substantial part of its Subsidiaries property to continue undischarged or unstayed for a period of 60 days; or any Default Entity makes a general assignment for the benefit of creditors; or any Company Default Entity shall admit in writing its inability to pay its debts as they become due or any General Partner shall admit in writing the inability of the partnership of which it is General Partner to pay its debts as they become due; or any corporate or other action is taken by the Borrower or any of its Subsidiaries Default Entity for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Time Warner Inc/)
Bankruptcy, etc. The Borrower 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”"); or an involuntary case is commenced against the Borrower Company or any of its Subsidiaries, Material Subsidiaries and the petition is not controverted within 15 10 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower Company or any of its Material Subsidiaries, to operate all ; or any substantial portion of the business of the Borrower Company or any of its Subsidiaries, or the 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 Borrower Company or any of its Material Subsidiaries, or there is commenced against the Borrower Company or any of its Material Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereof, days; or the Borrower 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 Borrower Company 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 Company or any of its Material Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate action is taken by the Borrower Company or any of its Material Subsidiaries for the purpose of effecting any of the foregoing; or.
Appears in 1 contract
Samples: Credit Agreement (Fisher Scientific International Inc)
Bankruptcy, etc. The Borrower or any of its Subsidiaries Client 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 Borrower or any of its Subsidiariesit, and the petition is not controverted within 15 10 days, or is not dismissed within 60 days 30 days, after commencement of the filing thereofcase; 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 Borrower Client or any of its Subsidiaries, to operate all or any substantial portion of the business of the Borrower or any of its Subsidiaries, or the Borrower or any of its Subsidiaries Client 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 Borrower or any of its SubsidiariesClient, or there is commenced against the Borrower or any of its Subsidiaries Client any such proceeding which remains undismissed for a period of 60 days after the filing thereof30 days, or the Borrower or any of its Subsidiaries Client is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or Client suffers any appointment of any custodian or the Borrower like for it or any substantial part of its Subsidiaries property to continue undischarged or unstayed for a period of 30 days; or Client makes a general assignment for the benefit of creditors; or any Company corporate, partnership or other action is taken by the Borrower or any of its Subsidiaries Client for the purpose of effecting any of the foregoing; or;
(i) declare the Prefunding and any accrued Earnings in respect thereof and all obligations owing hereunder, under the Aircraft Agreement and any other Collateral Funding Repayment Agreement by and between Client and AFC and under the Factoring Agreement to be, whereupon the same shall become, forthwith due and payable without presentment, demand, protest or other notice of any kind, all of which are hereby waived by Client, and (ii) exercise any and all of its rights, remedies and powers under the Factoring Agreement, the Aircraft Agreement and/or the Guaranties. Without limiting the generality of the foregoing, Client acknowledges and agrees that AFC may, at any time or from time to time following the occurrence and during the continuation of an Event of Default, apply any and all amounts which may otherwise be due (or may otherwise from time to time become due) to Client under the Factoring Agreement to obligations of Client to AFC hereunder or otherwise, at such times and in such manner as AFC, in its sole discretion, shall determine. Client hereby expressly waives any and all rights to require a marshalling of assets upon the foreclosure (or other realization) by AFC upon any of its liens on, or security interests, in the real or personal property of Client or of any guarantors of the obligations of Client.
Appears in 1 contract
Samples: Aircraft Collateral Funding Repayment Agreement (Airship International LTD)
Bankruptcy, etc. The Borrower 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 Borrower Holdings or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 15 10 days, or is not dismissed within 60 days 30 days, after commencement of the filing thereofcase; 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 Borrower Holdings or any of its Subsidiaries, to operate all Subsidiaries or any substantial portion of the business of the Borrower or any of its Subsidiaries, or the Borrower 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 Borrower Holdings or any of its Subsidiaries, or there is commenced against the Borrower Holdings or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereof30 days, or the Borrower 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 enteredentered and is not vacated or stayed within 30 days; or Holdings or any of its Subsidiaries suffers any appointment of any custodian or the Borrower like for it or any substantial part of its property to continue undischarged or unstayed for a period of 30 days; or Holdings or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company partnership and/or corporate action is taken by the Borrower Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoingforegoing (it being understood that the provisions of this Section 9.05 shall not apply to any Designated Immaterial Subsidiary); or
Appears in 1 contract
Bankruptcy, etc. The Borrower 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 Borrower Parent or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 15 10 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower or any of its Subsidiaries, to operate all or any substantial portion of the business of the Borrower Parent or any of its Subsidiaries, or the Borrower 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 Borrower Parent or any of its Subsidiaries, or there is commenced against the Borrower Parent or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereof, days; or the Borrower 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 Parent or any of its Subsidiaries suffers any appointment of any custodian or the Borrower like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or Parent or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate action is taken by the Borrower Parent or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Gleason Corp /De/)
Bankruptcy, etc. The 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 Borrower or any of its Subsidiaries, Material Subsidiaries and the petition is not controverted within 15 20 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower or any of its Material Subsidiaries, to operate all or any substantial portion of the business of the Borrower or any of its Subsidiaries, ; or the 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 Borrower or any of its Material Subsidiaries, ; or there is commenced against the Borrower or any of its Material Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereof, days; or the 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 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 Borrower or any of its Material Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate action is taken by the Borrower or any of its Material Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Borrower 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 Borrower Holdings or any of its Subsidiaries, and the petition is not controverted within 15 10 days, or is not dismissed within 60 days after the filing 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 Borrower Holdings or any of its Subsidiaries, to operate all or any substantial portion of the business of the Borrower Holdings or any of its Subsidiaries, or the Borrower 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 Borrower Holdings or any of its Subsidiaries, or there is commenced against the Borrower Holdings or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereof, or the Borrower 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 Borrower Holdings or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company action is taken by the Borrower Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Borrower 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 Borrower Borrowers or any of its Subsidiaries, their respective Subsidiaries and the petition is not controverted within 15 30 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower Borrowers or any of its Subsidiaries, to operate all or any substantial portion of the business of the Borrower or any of its their respective Subsidiaries, or the Borrower 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 Borrower Borrowers or any of its their respective Subsidiaries, or there is commenced against the Borrower Borrowers or any of its their respective Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereofdays, or the Borrower 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 Borrower Borrowers or any of 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 Borrowers or any of their respective Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate action is taken by the Borrower 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 Borrower 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 authorize, by appropriate action of its board of directors or other governing body, the commencement of such a voluntary case; or an involuntary case is commenced against the Borrower Company or any of its Subsidiaries, Subsidiaries and the petition is not controverted dismissed within 15 ninety days, after commencement of the case or is not dismissed Company or any of its Subsidiaries files an answer or other pleading within 60 days after such ninety-day period admitting of or failing to deny the filing thereofmaterial allegations of such a petition or seeking, consenting to or acquiescing in the relief therein provided; 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 Borrower Company or any of its Subsidiaries, to operate all or any substantial portion of the business of the Borrower or any of its Subsidiaries, ; or the Borrower Company or any of its Subsidiaries commences any other proceeding under any reorganization, arrangementagreement, 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 Borrower Company or any of its Subsidiaries, or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereof, or the Borrower 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 the Borrower 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 Company or any of its Subsidiaries makes a general assignment for the benefit of of, or enters into a composition with, its creditors; , or any Company action is taken by appoints, or consents to the Borrower appointment of, or any suffers to exist, a receiver for, all or a substantial portion of its Subsidiaries for the purpose of effecting any of the foregoing; orproperty.
Appears in 1 contract
Samples: Note Purchase Agreement (Sunlink Health Systems Inc)
Bankruptcy, etc. The Borrower 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 Borrower Borrowers or any of its Subsidiaries, their respective Subsidiaries and the petition is not controverted within 15 30 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower Borrowers or any of its Subsidiaries, to operate all or any substantial portion of the business of the Borrower or any of its their respective Subsidiaries, or the Borrower 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 Borrower Borrowers or any of its their respective Subsidiaries, or there is commenced against the Borrower Borrowers or any of its their respective Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereofdays, or the Borrower 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 Borrower Borrowers or any of 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 Borrowers or any of their respective Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate action is taken by the Borrower 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 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 Borrower or any of its Subsidiaries, their respective Subsidiaries and the petition is not controverted within 15 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower or any of its Subsidiariestheir respective Subsidiaries or Holdings, to operate all or any substantial portion of the business of the Borrower or any of its Subsidiaries, or the 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 Borrower or any of its Subsidiaries, their respective Subsidiaries or there is commenced against Holdings, the Borrower or any of its their respective Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereofdays, or Holdings, the 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 Borrower or any of 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 Borrower or any of their respective Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate action is taken by Holdings, the Borrower or any of its their respective Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Borrower 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 or any similar laws under any foreign jurisdiction (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Borrower Company or any of its Subsidiaries, and the petition is not controverted within 15 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower or any of its Subsidiaries, to operate all or any substantial portion of the business of the Borrower Company or any of its Subsidiaries, or the Borrower Company 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 Borrower Company or any of its Subsidiaries, or there is commenced against the Borrower Company or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereofdays, or the Borrower 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 the Borrower 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 Company or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate action is taken by the Borrower Company or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Borrower or any of its Subsidiaries the Equity Sponsor 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 Borrower or any of its Subsidiaries, the Equity Sponsor and the petition is not controverted within 15 10 days, or is not dismissed within 60 days 90 days, after commencement of the filing thereofcase; 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 Borrower or any of its Subsidiaries, to operate all or any substantial portion of the business of the Borrower or any of its SubsidiariesEquity Sponsor, or the Borrower or any of its Subsidiaries the Equity Sponsor 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 Borrower or any of its Subsidiariesthe Equity Sponsor, or there is commenced against the Borrower or any of its Subsidiaries the Equity Sponsor any such proceeding which remains undismissed for a period of 60 days after the filing thereof90 days, or the Borrower or any of its Subsidiaries the Equity Sponsor is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower or the Equity Sponsor suffers any appointment of any custodian or the like for it or any substantial part of its Subsidiaries property to continue undischarged or unstayed for a period of 90 days; or the Borrower or the Equity Sponsor makes a general assignment for the benefit of creditors; or any Company corporate action is taken by the Borrower or any of its Subsidiaries the Equity Sponsor for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Borrower Holdings or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 II 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 Borrower Holdings or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 15 10 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower or any of its Subsidiaries, to operate all or any substantial portion of the business of the Borrower Holdings or any of its Subsidiaries, or the Borrower 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 Borrower Holdings or any of its Subsidiaries, or there is commenced against the Borrower Holdings or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereofdays, or the Borrower 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 Holdings or any of its Subsidiaries suffers any appointment of any custodian or the Borrower like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or Holdings or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate action is taken by the Borrower Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Chancellor Radio Broadcasting Co)
Bankruptcy, etc. The Holdings, the Borrower or any of its Subsidiaries 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”"BANKRUPTCY CODE"); or an involuntary case is commenced against Holdings, the Borrower or any of its their respective Subsidiaries, and the petition is not controverted within 15 30 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower or any of its Subsidiaries; or Holdings, to operate all or any substantial portion of the business of the Borrower or any of its Subsidiaries, or the 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 Borrower or such Subsidiary; or there is commenced against Holdings, the Borrower or any of its their respective Subsidiaries, or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereofdays; or Holdings, or the 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 Borrower or any of 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 Borrower or any of their respective Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate action is taken by Holdings, the Borrower or any of its their respective Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Borrower or any of its Subsidiaries shall commence commences 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 Borrower or any of its Subsidiaries, and the petition is not controverted within 15 ten (10) days, or is not dismissed within 60 days ninety (90) days, after commencement of the filing thereofcase; 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 Borrower or any of its Subsidiaries, to operate all or any substantial portion of the business of the Borrower or any of its SubsidiariesBorrower, or the Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or insolvency, liquidation or similar law of any jurisdiction jurisdiction, whether now or hereafter in effect relating to the Borrower or any of its Subsidiarieseffect, or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereof, ninety (90) days; or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of for relief or other order approving any such case or proceeding is entered; or the Borrower suffers the appointment of any custodian or the like for it or any substantial part of its Subsidiaries property to continue undischarged or unstayed for a period of ninety (90) days; or the Borrower makes a general assignment for the benefit of creditors; or any Company action is taken by the Borrower or takes any of its Subsidiaries corporate action for the purpose of effecting any of the foregoing. Upon the occurrence of any Event of Default specified in this Section 6, Lender may (i) by written notice to the Borrower declare the Commitment to be terminated whereupon the Commitment shall be immediately terminated; orand (ii) declare all sums then owing by Borrower hereunder and under the Revolving Note to be immediately due and payable, whereupon all such sums shall become and be immediately due and payable without presentment, demand or protest or other notice of any kind, all of which are hereby expressly waived by Borrower. In case of any occurrence of any Event of Default described in Section 6.3, the outstanding principal balance of the Revolving Note, together with accrued interest thereon, shall become due and payable immediately without the requirement of any such acceleration or request, and without presentment, demand, protest or other notice of any kind, all of which are expressly waived by Borrower, any provisions of this Agreement or the Revolving Note to the contrary notwithstanding, and other amounts payable by Borrower hereunder shall become immediately due and payable all without notice of any kind.
Appears in 1 contract
Bankruptcy, etc. The 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 US Borrower or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 15 10 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 US Borrower or any of its Subsidiaries, to operate all ; or any substantial portion of the business of the Borrower or any of its Subsidiaries, or the 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 US Borrower or any of its Subsidiaries, ; or there is commenced against the US Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereof, days; or the US Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any an order of for relief or other order approving any such case or proceeding is entered; or the 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 US Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate action is taken by the US Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Borrower 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 Borrower Holdings or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 15 10 days, or is not dismissed within 60 days 30 days, after commencement of the filing thereofcase; 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 Borrower Holdings or any of its Subsidiaries, to operate all ; or any substantial portion of the business of the Borrower or any of its Subsidiaries, or the Borrower 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 Borrower Holdings or any of its Subsidiaries, ; or there is commenced against the Borrower Holdings or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereof, 30 days; or the Borrower 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 Holdings or any of its Subsidiaries suffers any appointment of any custodian or the Borrower like for it or any substantial part of its property to continue undischarged or unstayed for a period of 30 days; or Holdings or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate or partnership action is taken by the Borrower Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Ocih LLC)
Bankruptcy, etc. The Borrower 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”"), PROVIDED that any such voluntary case shall not be an Event of Default if (x) the foregoing occurs with respect to a Subsidiary of Holdings which is not a Significant Subsidiary and (y) prior to commencing such a voluntary case, such Subsidiary shall have given written notice of its intention to commence such a case to the Agents and shall have received the prior written consent of the Agents; or an involuntary case is commenced against the Borrower Holdings or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 15 10 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower Holdings or any of its Subsidiaries, to operate all ; or any substantial portion of the business of the Borrower or any of its Subsidiaries, or the Borrower 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 Borrower Holdings or any of its Subsidiaries, ; or there is commenced against the Borrower Holdings or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereof, days; or the Borrower 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 Holdings or any of its Subsidiaries suffers any appointment of any custodian or the Borrower like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or Holdings or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate action is taken by the Borrower Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Borrower or any of its Subsidiaries shall commence the Guarantor commences 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 Borrower or any of its Subsidiaries, the Guarantor and the petition is not controverted within 15 ten (10) days, or is not dismissed within 60 days ninety (90) days, after commencement of the filing thereofcase; 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 Borrower or any of its Subsidiaries, to operate all or any substantial portion of the business of the Borrower or any of its SubsidiariesGuarantor, or the Borrower or any of its Subsidiaries the Guarantor commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or insolvency, liquidation or similar law of any jurisdiction jurisdiction, whether now or hereafter in effect relating to the Borrower or any of its Subsidiarieseffect, or there is commenced against the Borrower or any of its Subsidiaries the Guarantor any such proceeding which remains undismissed for a period of 60 days after the filing thereof, ninety (90) days; or the Borrower or any of its Subsidiaries the Guarantor is adjudicated insolvent or bankrupt; or any order of for relief or other order approving any such case or proceeding is entered; or the Borrower or the Guarantor suffers the appointment of any custodian or the like for it or any substantial part of its Subsidiaries property to continue undischarged or unstayed for a period of ninety (90) days; or the Borrower or the Guarantor makes a general assignment for the benefit of creditors; or any Company action is taken by the Borrower or the Guarantor takes any of its Subsidiaries corporate action for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Atlas Air Worldwide Holdings Inc)
Bankruptcy, etc. The (a) Holdings, any 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 Insolvency Proceeding; (the “Bankruptcy Code”)b) [Reserved]; or (c) an involuntary case Insolvency Proceeding is commenced against the Holdings, any Borrower or any of its Subsidiaries, Material Subsidiary and the petition is not controverted within 15 days10 days after commencement thereof; (d) an involuntary Insolvency Proceeding is commenced against Holdings, any Borrower or any Material Subsidiary and the petition is not dismissed or stayed within 60 days after the filing commencement thereof; (e) a Creditor Representative or a custodian (as defined in the Bankruptcy Code) similar Person is appointed for, or takes charge of, all or substantially all of the property of the Holdings, any Borrower or any of its SubsidiariesMaterial Subsidiary; (f) Holdings, to operate all or any substantial portion of the business of the Borrower or any of its Subsidiaries, or the Borrower or any of its Subsidiaries Material Subsidiary commences any other proceeding or action under any reorganization, arrangement, composition, adjustment of debt, relief of debtors, dissolution, winding-up, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Holdings, any Borrower or any of its Subsidiaries, or Material Subsidiary; (g) there is commenced against the Holdings, any Borrower or any of its Subsidiaries Material Subsidiary any such proceeding which referred to in clause (f) above or action that remains undismissed or unstayed for a period of 60 days after the filing thereofdays; (h) Holdings, or the any Borrower or any of its Subsidiaries Material Subsidiary is adjudicated insolvent or bankrupt; or (i) any order of relief or other order approving any such case or proceeding or action is entered; or the (j) Holdings, any Borrower or any Material Subsidiary suffers any appointment of any Creditor Representative or the like for it or any substantial part of its Subsidiaries Property to continue undischarged or unstayed for a period of 60 days; or (k) Holdings, any Borrower or any Material Subsidiary makes a general assignment for the benefit of creditors; or (l) any Company corporate action is taken by the Holdings, any Borrower or any of its Subsidiaries Material Subsidiary for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Abl Credit Agreement (WillScot Corp)
Bankruptcy, etc. The Borrower 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 Borrower Holdings or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 15 10 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower or any of its Subsidiaries, to operate all or any substantial portion of the business of the Borrower Holdings or any of its Subsidiaries, or the Borrower 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 Borrower Holdings or any of its Subsidiaries, or there is commenced against the Borrower Holdings or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereof, days; or the Borrower 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 Holdings or any of its Subsidiaries suffers any appointment of any custodian or the Borrower like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or Holdings or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate action is taken by the Borrower Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Borrower 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 Borrower Holdings or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 15 20 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower Holdings or any of its Subsidiaries, to operate all ; or any substantial portion of the business of the Borrower or any of its Subsidiaries, or the Borrower 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 Borrower Holdings or any of its Subsidiaries, ; or there is commenced against the Borrower Holdings or any of its Subsidiaries any such proceeding which that remains undismissed for a period of 60 days after the filing thereof, days; or the Borrower 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 Holdings or any of its Subsidiaries suffers any appointment of any receiver, custodian or the Borrower like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or Holdings or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company action is taken by the Borrower Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Borrower 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 Borrower Holdings or any of its Subsidiaries, and the petition is not controverted within 15 days, or is not dismissed within 60 days after the filing thereof, provided, however, that during the pendency of such 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 Borrower Holdings or any of its Subsidiaries, to operate all or any substantial portion of the business of the Borrower Holdings or any of its Subsidiaries, or the Borrower 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 Borrower Holdings or any of its Subsidiaries, or there is commenced against the Borrower Holdings or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereof, or the Borrower 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 Borrower Holdings or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company action is taken by the Borrower Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (STG Group, Inc.)
Bankruptcy, etc. The Holdings, the Borrower or any of its Subsidiaries 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 Borrower or any of its their respective Subsidiaries, and the petition is not controverted within 15 30 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower or any of its Subsidiaries; or Holdings, to operate all or any substantial portion of the business of the Borrower or any of its Subsidiaries, or the 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 Borrower or such Subsidiary; or there is commenced against Holdings, the Borrower or any of its their respective Subsidiaries, or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereofdays; or Holdings, or the 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 Borrower or any of 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 Borrower or any of their respective Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate action is taken by Holdings, the Borrower or any of its their respective Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Borrower 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 Borrower Borrowers or any of its Subsidiaries, their respective Subsidiaries and the petition is not controverted within 15 30 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower Borrowers or any of its Subsidiaries, to operate all or any substantial portion of the business of the Borrower or any of its their respective Subsidiaries, or the Borrower 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 Borrower Borrowers or any of its their respective Subsidiaries, or there is commenced against the Borrower Borrowers or any of its their respective Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereofdays, or the Borrower 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 Borrower Borrowers or any of 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 Borrowers or any of their respective Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate action is taken by the Borrower 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 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 Borrower or any of its Subsidiaries, Material Subsidiaries and the petition is not controverted within 15 10 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower or any of its Subsidiaries, to operate all or any substantial portion of the business of the Borrower or any of its Material Subsidiaries, or the 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 Borrower or any of its Material Subsidiaries, or there is commenced against the Borrower or any of its Material Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereofdays, or the 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 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 Borrower or any of its Material Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate action is taken by the Borrower or any of its Material Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Borrower Company or any of its Subsidiaries or Material Joint Ventures 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 Borrower Company or any of its Subsidiaries, Subsidiaries or any such Material Joint Ventures and the petition is not controverted within 15 10 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower or any of its Subsidiaries, to operate all or any substantial portion of the business of the Borrower or any of its Subsidiaries, or the Borrower Company or any of its Subsidiaries or any such Material Joint Ventures or the Company or any of its Subsidiaries or any such Material Joint Ventures 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 Borrower Company or any of its SubsidiariesSubsidiaries or any such Material Joint Ventures, or there is commenced against the Borrower Company or any of its Subsidiaries or any such Material Joint Ventures any such proceeding which remains undismissed for a period of 60 days after the filing thereofdays, or the Borrower Company or any of its Subsidiaries or any such Material Joint Ventures is adjudicated insolvent or bankrupt; , or any order of relief or other order approving any such case or proceeding is entered; entered and is not vacated or stayed within 60 days, or the Borrower Company or any of its Subsidiaries or any such Material Joint Ventures 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 Company or any of its Subsidiaries or any such Material Joint Ventures makes a general assignment for the benefit of creditors; , or any Company partnership and/or corporate action is taken by the Borrower Company or any of its Subsidiaries or any such Material Joint Ventures for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Borrower Any Borrower, MobilePro Subsidiary or any member of its Subsidiaries the Davel Group 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 Borrower any Borrower, MobilePro Subsidiary or any member of its Subsidiaries, the Davel Group and the petition is not controverted within 15 10 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower any Borrower, MobilePro Subsidiary or any member of its Subsidiaries, to operate all the Davel Group; or any substantial portion Borrower, MobilePro Subsidiary or any member of the business of the Borrower or any of its Subsidiaries, or the Borrower or any of its Subsidiaries Davel Group 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 Borrower MobilePro or any of its Subsidiaries, ; or there is commenced against the Borrower any Borrower, MobilePro Subsidiary or any member of its Subsidiaries the Davel Group any such proceeding which remains undismissed for a period of 60 days after the filing thereof, or the Borrower days; or any Borrower, MobilePro Subsidiary or any member of its Subsidiaries the Davel Group is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower any Borrower, MobilePro Subsidiary or any member of its Subsidiaries the Davel Group makes a general assignment for the benefit of creditors; or any Company corporate action is taken by the Borrower any Borrower, MobilePro Subsidiary or any member of its Subsidiaries the Davel Group for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Mobilepro Corp)
Bankruptcy, etc. The Borrower 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”)thereto; or an involuntary case is commenced against the Borrower Holdings or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 15 10 days, or is not dismissed or discharged, within 60 days days, after commencement of the filing thereofcase; 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 Borrower or any of its Subsidiaries, to operate all or any substantial portion of the business of the Borrower Holdings or any of its Subsidiaries, or the Borrower 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 Borrower Holdings or any of its Subsidiaries, or there is commenced against the Borrower Holdings or any of its Subsidiaries any such proceeding which remains undismissed or undischarged for a period of 60 days after the filing thereofdays, or the Borrower 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 Holdings or any of its Subsidiaries suffers any appointment of any custodian or the Borrower like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; Holdings or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate action is taken by the Borrower Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Senior Subordinated Loan Agreement (Physician Health Corp)
Bankruptcy, etc. The Such Borrower or any corporation or trust of its Subsidiaries which --------------- such Borrower is a series 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 such Borrower or any corporation or trust of its Subsidiarieswhich such Borrower is a series, and the petition is not controverted within 15 10 days, or is not dismissed within shall continue in effect unstayed for any period of 60 days consecutive days, after commencement of the filing thereofcase; 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 such Borrower or any corporation or trust of its Subsidiarieswhich such Borrower is a series, to operate all or any substantial portion of the business of the such Borrower or any corporation or trust of its Subsidiaries, or the which such Borrower or any of its Subsidiaries is a series 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 such Borrower or any corporation or trust of its Subsidiarieswhich such Borrower is a series, or there is commenced against the such Borrower or any corporation or trust of its Subsidiaries which such Borrower is a series any such proceeding which remains undismissed shall continue in effect unstayed for a any period of 60 days after the filing thereofconsecutive days, or the such Borrower or any corporation or trust of its Subsidiaries which such Borrower is a series is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the such Borrower or any corporation or trust of which such Borrower is a series suffers any appointment of any custodian or the like for it or any substantial part of its Subsidiaries property to continue undischarged or unstayed for a period of 60 consecutive days; or such Borrower or any corporation or trust of which such Borrower is a series makes a general assignment for the benefit of creditors; or any Company corporate or trust action is taken by the such Borrower or any corporation or trust of its Subsidiaries which such Borrower is a series for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Holdings, the Borrower or any of its their respective Subsidiaries shall commence a voluntary case concerning itself under Title 11 II 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 Borrower or any of its Subsidiaries, their respective Subsidiaries and the petition is not controverted within 15 10 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower or any of its their respective Subsidiaries, to operate all or any substantial portion of the business of Holdings, the Borrower or any of its Subsidiaries, or the 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 Borrower or any of its their respective Subsidiaries, or there is commenced against Holdings, the Borrower or any of its their respective Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereofdays, or Holdings, the 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 Borrower or any of its their respective Subsidiaries makes a general assignment for the benefit of creditors; or any Company action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; orsuffers any
Appears in 1 contract
Bankruptcy, etc. The Borrower 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 Borrower Holdings or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 15 20 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower Holdings or any of its Subsidiaries, to operate all ; or any substantial portion of the business of the Borrower or any of its Subsidiaries, or the Borrower 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 Borrower Holdings or any of its Subsidiaries, ; or there is commenced against the Borrower Holdings or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereof, days; or the Borrower 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 Holdings or any of its Subsidiaries suffers any appointment of any custodian or the Borrower like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or Holdings or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate action is taken by the Borrower Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Borrower 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 Borrower Holdings or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 15 10 days, or is not dismissed or discharged, within 60 days days, after commencement of the filing thereofcase; 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 Borrower Holdings or any of its Subsidiaries, to operate all or any substantial portion of the business of the Borrower or any of its Subsidiaries, or the 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 Borrower Holdings or any of its Subsidiaries, or there is commenced against the Borrower Holdings or any of its Subsidiaries any such proceeding which remains undismissed or undischarged for a period of 60 days after the filing thereofdays, or the Borrower 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 Holdings or any of its Subsidiaries suffers any appointment of any custodian or the Borrower like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or Holdings or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate action is taken by the Borrower Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. 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”"BANKRUPTCY CODE"); or an involuntary case is commenced against the Borrower or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 15 10 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower or any of its Subsidiaries, to operate all or any substantial portion of the business of the Borrower or any of its Subsidiaries, ; or the 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 Borrower or any of its Subsidiaries, ; or there any such proceeding is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereof, days; or the 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; the Borrower or any of its Subsidiaries suffers any appointment of any custodian or receiver for it or any substantial part of its property to -29- continue undischarged or unstayed for a period of 60 days; or the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or.
Appears in 1 contract
Bankruptcy, etc. The Borrower 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”)) or, in the case of a Foreign Subsidiary, any similar proceedings in the jurisdiction or state under the laws of which such Foreign Subsidiary is organized; or an involuntary case is commenced against the Borrower Company or any of its Material Subsidiaries, and the petition is not controverted within 15 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; or a custodian (as defined in the Bankruptcy Code) or similar officer is appointed for, or takes charge of, all or substantially all of the property of the Borrower Company or any of its Material Subsidiaries, to operate all or any substantial portion of the business of the Borrower Company or any of its Subsidiaries, or the 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 Borrower Company or any of its Material Subsidiaries, or there is commenced against the Borrower Company or any of its Material Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereofdays, or the Borrower 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 Borrower Company or any of 149 Sealed Air – 4th A&R Syndicated Facility Agt 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 Company or any of its Material Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate action is taken by the Borrower Company or any of its Material Subsidiaries for the purpose of effecting any of the foregoing; or any Material Subsidiary having its center of main interests in Germany is unable to pay its debts when they fall due (zahlungsunfähig) or over-indebted (überschuldet) within the meaning of sect. 17 or 19 of the German Insolvency Code, or any third party has filed for the opening of insolvency proceedings with respect to such Material Subsidiary unless such filing is obviously frivolous (offensichtlich rechtsmissbräuchlich) and is dismissed by the relevant insolvency court within 14 days, or the managing directors of such Material Subsidiary have filed for the opening of insolvency proceedings; or any Material Subsidiary incorporated in Australia or New Zealand (i) is unable to pay all of its debts as and when they become due and payable or is otherwise presumed to be insolvent under the Corporations Act or similar law of any jurisdiction, (ii) is in liquidation, in provisional liquidation, under administration or wound up or has had a Controller (as defined in the Corporations Act) or an insolvency official under the laws of another jurisdiction appointed to its property or (iii) is subject to any arrangement, assignment, moratorium or composition, protected from creditors under any statute or dissolved (in each case, other than to carry out a reconstruction or amalgamation while solvent on terms approved by the Agent); or any step is taken to appoint, or with a view to appointing, a statutory manager (including the making of any recommendation in that regard by the Financial Markets Authority of New Zealand) under the Corporations (Investigation and Management) Xxx 0000 of New Zealand in respect of any Material Subsidiary, or any Material Subsidiary is declared at risk pursuant to the provisions of that Act; or
Appears in 1 contract
Bankruptcy, etc. The Borrower or any of its Subsidiaries 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 --------------- Borrower or any Subsidiary and the petition is not controverted within 10 days after commencement of the case; or an involuntary case is commenced against the Borrower or any of its Subsidiaries, Subsidiary and the petition is not controverted within 15 days, or is not dismissed within 60 days after commencement of the filing thereofcase; 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 Borrower or any of its Subsidiaries, to operate all or any substantial portion of the business of the Borrower or any of its Subsidiaries, Subsidiary; or the Borrower or any of its Subsidiaries 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 Borrower or any of its Subsidiaries, Subsidiary; or there is commenced against the Borrower or any of its Subsidiaries Subsidiary any such proceeding which that remains undismissed for a period of 60 days after the filing thereof, days; or the Borrower or any of its Subsidiaries Subsidiary is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower or any Subsidiary suffers any appointment of any custodian or the like for it or any substantial part of its Subsidiaries property to continue undischarged or unstayed for a period of 60 days; or the Borrower or any Subsidiary makes a general assignment for the benefit of creditors; or any Company corporate action is taken by the Borrower or any of its Subsidiaries Subsidiary for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Borden Chemicals & Plastics Limited Partnership /De/)
Bankruptcy, etc. The Borrower Any Credit Party or any of its Subsidiaries Holding’s 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 Borrower any Credit Party or any of its Subsidiaries, Holding’s Parent and the petition is not controverted within 15 daysfifteen (15) days after the earlier of (x) actual knowledge by a Credit Party or Holding’s Parent of the commencement of such case and (y) service on a Credit Party or Holding’s Parent of the applicable summons, or the petition is not dismissed within 60 sixty (60) days after commencement of the filing thereofcase; or a custodian (as defined in the Bankruptcy Code) is appointed for, any Credit Party or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, to operate all or any substantial portion of the business of the Borrower or any of its Subsidiaries, or the Borrower or any of its Subsidiaries Holding’s Parent 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 Borrower any Credit Party or any of its SubsidiariesHolding’s Parent, or there is commenced against the Borrower any Credit Party or any of its Subsidiaries Holding’s Parent any such proceeding which remains undismissed for a period of 60 days after the filing thereofsixty (60) days, or the Borrower any Credit Party or any of its Subsidiaries Holding’s Parent is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or any Credit Party or Holding’s Parent suffers any appointment of any custodian, administrator, administrative receiver or the Borrower like for it or any substantial part of its Subsidiaries property to continue undischarged or unstayed for a period of sixty (60) days; or any Credit Party or Holding’s Parent makes a general assignment for the benefit of creditors; or any Company action is taken by the Borrower any Credit Party or any of its Subsidiaries Holding’s Parent for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Borrower 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”"BANKRUPTCY CODE"); or an involuntary case is commenced against the Borrower Holdings or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 15 20 days, or is not dismissed within 60 days days, after commencement of the filing thereofcase; 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 Borrower Holdings or any of its Subsidiaries, to operate all ; or any substantial portion of the business of the Borrower or any of its Subsidiaries, or the Borrower 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 Borrower Holdings or any of its Subsidiaries, ; or there is commenced against the Borrower Holdings or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days after the filing thereof, days; or the Borrower 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 Holdings or any of its Subsidiaries suffers any appointment of any custodian or the Borrower like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or Holdings or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company corporate action is taken by the Borrower Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Intelsat LTD)
