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 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the 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, 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 corporate action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 8 contracts
Samples: Credit Agreement (Infousa Inc), Credit Agreement (Compuware Corporation), Credit Agreement (Acme Metals Inc /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, Subsidiaries and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the 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, ; 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 corporate action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 7 contracts
Samples: Credit Agreement (Inacom Corp), Credit Agreement (Inacom Corp), Credit Agreement (Therma Wave 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 10 days20 days after service of summons, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, 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, 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 corporate action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 7 contracts
Samples: Credit Agreement (Baltic Trading LTD), Credit Agreement (Baltic Trading LTD), Credit Agreement (General Maritime 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, Subsidiaries and the petition is not controverted within 10 daysdays after service of summons, or is not dismissed within 60 daysdays after service of summons, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the 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, 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 corporate action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 6 contracts
Samples: Credit Agreement (Flowers Foods Inc), Credit Agreement (Flowers Foods Inc), Credit Agreement (Flowers Foods 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 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the 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, ; 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 corporate Company action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 5 contracts
Samples: Intercreditor Agreement (Dole Food Co Inc), Intercreditor Agreement (Dole Food Co Inc), Credit Agreement (Dole Food Co 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 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the 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, ; 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 Borrower Company or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any 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 5 contracts
Samples: Loan Credit Agreement (Omnova Solutions Inc), Term Loan Credit Agreement (Omnova Solutions Inc), Execution Version (Omnova Solutions 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 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the 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, ; 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 corporate action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 5 contracts
Samples: Credit Agreement (Penhall Co), Credit Agreement (Town Sports International Inc), Credit Agreement (Universal Hospital Services 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 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the 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, 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 corporate 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 4 contracts
Samples: Credit Agreement (Nuco2 Inc /Fl), Credit Agreement (Nash Finch Co), Credit Agreement (RCN Corp /De/)
Bankruptcy, etc. The A 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 Subsidiariesa Borrower, and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiariesa Borrower, or the a Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction Jurisdiction whether now or hereafter in effect relating to the Borrower or any of its Subsidiariessuch Borrower, or there is commenced against the a Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the a 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 a 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 a Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the a Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 4 contracts
Samples: Credit Agreement (Sierra Prime Income Fund), Credit Agreement (Sierra Prime Income Fund), Credit Agreement (Sierra Prime Income Fund)
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 10 15 days, or is not dismissed within 60 days, days after commencement of the casefiling thereof; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the 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 daysdays 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 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 corporate 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: Credit Agreement (Lee Enterprises, Inc), Credit Agreement (Lee Enterprises, Inc), Junior Intercreditor Agreement (Lee Enterprises, Inc)
Bankruptcy, etc. The Holdings, the Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against Holdings, the Borrower or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower or any of its Subsidiaries; or Holdings, 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 Holdings, the Borrower or any of its Subsidiaries, ; or there is commenced against Holdings, the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days; or Holdings, 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 Holdings, 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 Holdings, the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by Holdings, the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 4 contracts
Samples: Credit Agreement (Universal Outdoor Holdings Inc), Term Loan Agreement (Universal Outdoor Holdings Inc), Credit Agreement (Universal Outdoor 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 10 15 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the 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, 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 corporate 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 (Omniquip International Inc), Credit Agreement (Omniquip International Inc), And (Omniquip International Inc)
Bankruptcy, etc. The Borrower Any Credit Party or any of its respective Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower any Credit Party or any of its Subsidiaries, respective Subsidiaries and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower any Credit Party or any of its respective Subsidiaries, ; or the Borrower any Credit Party or any of its 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 any Credit Party or any of its respective Subsidiaries, ; or there is commenced against the Borrower any Credit Party or any of its respective Subsidiaries any such proceeding which remains undismissed for a period of 60 days, ; or the Borrower any Credit Party or any of its respective Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower any Credit Party or any of its respective Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower any Credit Party or any of its respective Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower any Credit Party or any of its respective Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 3 contracts
Samples: Credit Agreement (Styling Technology Corp), Credit Agreement (Styling Technology Corp), Credit Agreement (Wheels Sports Group 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 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower Company or any of its Material Subsidiaries, or the Borrower Company 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, 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 Borrower Company or any of its Material Subsidiaries makes a general assignment for the benefit of creditors; or any 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), Five Year Credit Agreement (Sealed Air Corp/De)
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 10 20 days, or is not dismissed within for a period of 60 consecutive days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower any Credit Party or any of its Subsidiaries, ; or the Borrower any 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 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 consecutive 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 enteredentered and continues unstayed for a period of 60 consecutive days; or the Borrower any Credit Party or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 consecutive days; or the Borrower any Credit Party or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any 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 3 contracts
Samples: Credit Agreement (Carson Inc), Securities Pledge Agreement (Carson Inc), Credit Agreement (Ivax Corp /De)
Bankruptcy, etc. The Borrower Company or any of its Restricted Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower Company or any of its Subsidiaries, Restricted Subsidiaries and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower Company or any of its Restricted Subsidiaries, ; or the Borrower Company or any of its Restricted Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower Company or any of its Restricted Subsidiaries, ; or there is commenced against the Borrower Company or any of its Restricted Subsidiaries any such proceeding which remains undismissed for a period of 60 days, ; or the Borrower Company or any of its Restricted Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower Company or any of its Restricted Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower Company or any of its Restricted Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower Company or any of its Restricted Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 3 contracts
Samples: Credit Agreement (Western Empire Publications Inc), Credit Agreement (Tsecrp Inc), Credit Agreement (Western Empire Publications 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, respective Subsidiaries and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, 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, 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 corporate 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: Security Agreement (Iasis Healthcare Corp), Credit Agreement (Iasis Healthcare Corp), Southwest General Hospital Lp
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 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the 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 or unstayed for a period of 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 60 days; or the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate 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 (RAM Holdings Ltd.), Credit Agreement (RAM Holdings Ltd.), Credit Agreement (Ambac Financial Group Inc)
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 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the any 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 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, 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 the any 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 any Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any 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 3 contracts
Samples: Credit Agreement (Silgan Holdings Inc), Credit Agreement (Silgan Holdings Inc), Silgan Credit Agreement (Silgan Holdings 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 10 20 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the 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, ; 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 corporate 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 (Building One Services Corp), Credit Agreement (NRT Inc), Credit Agreement (Pacer Express 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 10 20 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the 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, ; 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 corporate 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 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 10 daysdays after service of summons, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, 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, 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 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 (Trico Marine Services Inc), Credit Agreement (Trico Marine Services 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 10 days, or is not be dismissed within 60 days, days after the commencement 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, 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, days 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 or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property or shall suffer any such appointment to continue undischarged or unstayed for a period of 60 days; or the Borrower or any of its Subsidiaries makes PPL shall make a general assignment for the benefit of creditors; or any 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: Day Revolving Credit Agreement (Pp&l Inc), Day Revolving Credit Agreement (Pp&l Resources 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 10 20 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the 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, ; 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 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: Assignment Agreement (MJD Communications Inc), Credit Agreement (MJD Communications Inc)
Bankruptcy, etc. The Borrower or any of its Subsidiaries Specified Subsidiary shall commence a voluntary case case, proceeding or action 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 case, proceeding or action is commenced against the Borrower or any of its Subsidiaries, Specified Subsidiary under the Bankruptcy Code and the petition is not controverted within 10 days, or is not dismissed within 60 days, days after commencement of the case, proceeding or action; or a custodian (as defined in the Bankruptcy Code) receiver, receiver manager, trustee or similar person is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, Specified Subsidiary; or the Borrower or any of its Subsidiaries Specified Subsidiary commences any other proceeding or action under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any of its Subsidiaries, Specified Subsidiary; or there is commenced against the Borrower or any of its Subsidiaries Specified Subsidiary under any Debtor Relief Law any such proceeding which or action that remains undismissed for a period of 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 or action is entered; or the Borrower or any of its Subsidiaries Specified Subsidiary suffers any appointment of any custodian receiver, receiver manager, trustee or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower or any of its Subsidiaries Specified Subsidiary makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower or any of its Subsidiaries Specified Subsidiary for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (GCM Grosvenor Inc.), Credit Agreement (GCM Grosvenor 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 CodeBANKRUPTCY CODE"); or an involuntary case is commenced against the Borrower or any of its Subsidiaries, their respective Subsidiaries and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, 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, 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 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 (Packaging Corp of America), Credit Agreement (Pca Valdosta Corp)
Bankruptcy, etc. The (i) Borrower or any of its Subsidiaries the Company shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or (ii) an involuntary case is commenced against the Borrower or any of its Subsidiaries, the Company and the petition is not controverted within 10 thirty (30) days, or is not dismissed within 60 sixty (60) days, after commencement of the case; case or (iii) a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiariesthe Company, or the Borrower or any of its Subsidiaries the Company 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 or any of its Subsidiariesthe Company, or there is commenced against the Borrower or any of its Subsidiaries the Company any such proceeding which remains undismissed for a period of 60 sixty (60) days, or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or (iv) any order of relief or other order approving any such case or proceeding is entered; or the (v) Borrower or any of its Subsidiaries the Company is adjudicated insolvent or bankrupt; or (vi) Borrower or the Company suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 sixty (60) days; or the (vii) Borrower or any of its Subsidiaries the Company makes a general assignment for the benefit of creditors; or (viii) Borrower or the Company 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) Borrower or the Company shall call a meeting of its creditors with a view to arranging a composition or adjustment of its debt; or (x) Borrower or the Company shall by any act or failure to act consent to, approve of or acquiesce in any of the foregoing; or (xi) any corporate or partnership action is taken by the Borrower or any of its Subsidiaries the Company for the purpose of effecting any of the foregoing; or.
Appears in 2 contracts
Samples: Line of Credit Agreement (Agree Realty Corp), Credit Agreement (Agree Realty Corp)
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 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower Company or any of its Material Subsidiaries, or the Borrower Company 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, 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 Borrower Company or any of its Material Subsidiaries makes a general assignment for the benefit of creditors; or any 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: Assignment and Assumption Agreement (Sealed Air Corp/De), Global Revolving Credit Agreement (Sealed Air Corp/De)
Bankruptcy, etc. (i) 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 (ii) an involuntary case is commenced against the Borrower or any of its Subsidiaries, and the petition is not controverted within 10 ten (10) days, or is not dismissed within 60 thirty (30) days, after commencement of the case; or a (iii) custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the Collateral or other property of the Borrower or any of its Subsidiaries, or the Borrower or any of its Subsidiaries commences any other proceeding proceedings under any reorganization, arrangement, adjustment of debt, relief of for 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 thirty (30) days, or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or (iv) any order of relief or other order approving any such case or proceeding is entered; or (v) the Borrower is adjudicated insolvent or any of its Subsidiaries bankrupt; or (vi) the Borrower suffers any appointment of any custodian or the like for it its or any substantial part of its property to continue undischarged or unstayed for a period of 60 thirty (30) days; or (vii) the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or (viii) the Borrower 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 Borrower shall call a meeting of its creditors with a view to arranging a composition or adjustment of its debts; or (x) the Borrower shall by any act or failure to act consent to, approve of or acquiesce in any of the foregoing; or (xi) any corporate action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or.
Appears in 2 contracts
Samples: Loan and Security Agreement (Natural Gas Vehicle Systems Inc), Natural Gas Vehicle Systems 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 10 30 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the 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, ; 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 Borrower Company or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any 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), 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 is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the 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, 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 corporate 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 (Hughes Electronics Corp), Credit Agreement (RCN 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 SubsidiariesBorrower, ---------------- and the petition is not controverted within 10 daysBusiness Days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the 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 remains undismissed for a period of 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 60 days; or the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any 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 (Wireless Facilities Inc), Credit Agreement (Wireless Facilities 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 10 20 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the 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, ; 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 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 (Alliance Imaging Inc /De/), Credit Agreement (Alliance Imaging Inc /De/)
Bankruptcy, etc. The Borrower Any Credit Party or any Material Subsidiary of its Subsidiaries the Company shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "“Bankruptcy," ” as now or hereafter in effect, or any successor thereto (the "“Bankruptcy Code"”); or an involuntary case is commenced against the Borrower any Credit Party or any Material Subsidiary of its Subsidiariesthe Company, and the petition is not controverted within 10 days, or is not dismissed within 60 daysdays after the filing thereof, after commencement provided, however, that during the pendency of the casesuch period, each Lender shall be relieved of its obligation to extend credit hereunder; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower any Credit Party or any Material Subsidiary of its Subsidiariesthe Company, to operate all or any substantial portion of the business any Credit Party or any Material Subsidiary of the Company, or the Borrower any Credit Party or any Material Subsidiary of its Subsidiaries the Company or any other Person commences any other proceeding under or takes any corporate action or other steps in relation to any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, bankruptcy, insolvency or liquidation any analogous procedure or similar law of step is taken in any jurisdiction whether now or hereafter in effect relating to the Borrower any Credit Party or any Material Subsidiary of its Subsidiariesthe Company (including, without limitation, under any Canadian Insolvency Law), or there is commenced against the Borrower any Credit Party or any Material Subsidiary of its Subsidiaries the Company any such proceeding which remains undismissed for a period of 60 daysdays after the filing thereof, or the Borrower any Credit Party or any Material Subsidiary of its Subsidiaries the Company is adjudicated or deemed under applicable law insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; (including the entry of an order of relief against it or for the Borrower or any of its Subsidiaries suffers any appointment of any a receiver, controller, receiver-manager, trustee, monitor, custodian or the like similar official for it or for any substantial part of its property to continue undischarged or unstayed for a period of 60 daysproperty) is entered; or the Borrower any Credit Party or any Material Subsidiary of its Subsidiaries the Company makes a general assignment for the benefit of creditors; or any corporate Business action is taken by the Borrower any Credit Party or any Material Subsidiary of its Subsidiaries the Company for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Ciena Corp), Abl Credit Agreement (Ciena Corp)
Bankruptcy, etc. The Borrower Parent 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 Parent or any of its Subsidiaries, Material Subsidiaries and the petition is not controverted within 10 days, or is not dismissed or discharged, within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower Parent or any of its Material Subsidiaries, or the Borrower Parent 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 Parent or any of its Material Subsidiaries, or there is commenced against the Borrower Parent or any of its Material Subsidiaries any such proceeding which remains undismissed or undischarged for a period of 60 days, or the Borrower Parent 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 Parent 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 Parent or any of its Material Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower Parent or any of its Material Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Hq Global Holdings Inc), Credit Agreement (Frontline Capital Group)
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 10 days, or is not be dismissed within 60 days, days after the commencement 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, 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, days 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 or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property or shall suffer any such appointment to continue undischarged or unstayed for a period of 60 days; or the Borrower or any of its Subsidiaries makes PPL shall make a general assignment for the benefit of creditorscredi- tors; or any 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: Pp&l Inc, Pp&l Resources 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 10 days20 days after service of summons, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, 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, 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 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: General Maritime Corp/, Credit Agreement (Genco Shipping & Trading LTD)
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 10 30 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the 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 daysdays (it is acknowledged and agreed that during the cure 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 corporate 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 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 Parent or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 10 20 days, or is not dismissed within 60 90 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the 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 90 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 the Borrower Parent or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 90 days; or the Borrower Parent or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any 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 2 contracts
Samples: Note Purchase Agreement (Stonemor Partners Lp), Note Purchase Agreement (Stonemor Partners Lp)
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 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the 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, 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 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 (Sylvan Learning Systems Inc), Credit Agreement (Idt Corp)
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 is commenced against the Borrower any Credit Party or any of its Subsidiaries, Material Subsidiaries and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower any Credit Party or any of its Material Subsidiaries, ; or the Borrower any Credit Party 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, ; 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 the Borrower any Credit Party or any of its Material Subsidiaries makes a general assignment for the benefit of creditors; or any 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 (Graphic Controls Corp), Credit Agreement (Graphic Controls 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 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower Holdings or any of its Subsidiaries, or the Borrower Holdings or any of its Subsidiaries commences (or is required by law to commence) any other proceeding proceeding, or is deemed insolvent, 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, ; 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 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 Holdings or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any 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: Security Agreement (Vestar Capital Partners Iv Lp), Credit Agreement (Gleason 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, Subsidiaries and the petition is not controverted within 10 30 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the 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, 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 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 (Waters Corp /De/), Credit Agreement (Waters Corp /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 is commenced against the Borrower any Credit Party or any of its Subsidiaries, Material Subsidiaries and the petition is not controverted within 10 ten days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower any Credit Party or any of its Material Subsidiaries, ; or the Borrower any Credit Party 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 at least 60 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 at least 60 days; or the Borrower any Credit Party or any of its Material Subsidiaries makes a general assignment for the benefit of creditors; or any 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 (Pike Electric CORP), Credit Agreement (Pike Electric 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, and the petition is not controverted within 10 15 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the 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, 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 suffers any appointment of any custodian custodian, administrator, administrative receiver or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower Holdings or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any 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 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 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower any such Person or any such Person commences (including by way of its Subsidiariesapplying for or consenting to the appointment of, or the Borrower taking of possession by, a rehabilitator, receiver, custodian, trustee, conservator or liquidator (collectively, a "conservator") of itself or all or any substantial portion of its Subsidiaries commences property) any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation insolvency, liquidation, rehabilitation, 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, 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 the Borrower or any of its Subsidiaries such Person suffers any appointment of any custodian conservator or the like for it or any substantial part of its property to continue which continues undischarged or unstayed for a period of 60 days; or the Borrower or any of its Subsidiaries such Person makes a general assignment for the benefit of creditors; or any 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: Agreement (Validus Holdings LTD), Credit Facility Agreement (Validus Holdings LTD)
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 10 30 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower Borrowers 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, 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 its their respective Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower Borrowers or any of its their respective Subsidiaries makes a general assignment for the benefit of creditors; or any 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 2 contracts
Samples: Credit Agreement (Furniture Brands International Inc), Credit Agreement (Furniture Brands International Inc)
Bankruptcy, etc. The Borrower Any Credit Party or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code")) or any other similar Debtor Relief Law; 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 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower any Credit Party or any of its Subsidiaries, ; or the Borrower any 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 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, ; 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 the Borrower any Credit Party or any of its Subsidiaries suffers any appointment of any custodian custodian, administrator 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 any Credit Party or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate Company 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 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 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the 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, 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 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 the Company, any other Co-Borrower, any Subsidiary Guarantor, or any of its Subsidiaries their respective Material Subsidiaries, or any general partner or member of any such person which is a partnership or limited liability company (the Company and each of such other persons, each a "Principal Entity") 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, other Principal Entity and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower Company or any other Principal Entity; or the Company or any other Principal Entity commences (including by way of its Subsidiariesapplying for or consenting to the appointment of, or the Borrower taking of possession by, a rehabilitator, receiver, custodian, trustee, conservator or liquidator (collectively, a "conservator") of itself or all or any substantial portion of its Subsidiaries commences property) any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation insolvency, liquidation, rehabilitation, conservatorship or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower Company or any of its Subsidiaries, other Principal Party; or there any such proceeding is commenced against the Borrower Company or any of its Subsidiaries any other Principal Party to the extent such proceeding which is consented to by such person or remains undismissed for a period of 60 days, ; or the Borrower Company or any of its Subsidiaries other Principal Party 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 other Principal Party suffers any appointment of any custodian conservator or the like for it or any substantial part of its property to continue which continues undischarged or unstayed for a period of 60 days; or the Borrower Company or any of its Subsidiaries other Principal Party makes a general assignment for the benefit of creditors; or any corporate (or similar organizational) action is taken by the Borrower Company or any of its Subsidiaries other Principal party for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Cedar Fair L P)
Bankruptcy, etc. The Borrower the Company, any other Co- Borrower, any Subsidiary Guarantor, or any of its Subsidiaries their respective Material Subsidiaries, or any general partner or member of any such person which is a partnership or limited liability company (the Company and each of such other persons, each a "Principal Entity") 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, other Principal Entity and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower Company or any other Principal Entity; or the Company or any other Principal Entity commences (including by way of its Subsidiariesapplying for or consenting to the appointment of, or the Borrower taking of possession by, a rehabilitator, receiver, custodian, trustee, conservator or liquidator (collectively, a "conservator") of itself or all or any substantial portion of its Subsidiaries commences property) any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation insolvency, liquidation, rehabilitation, conservatorship or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower Company or any of its Subsidiaries, other Principal Party; or there any such proceeding is commenced against the Borrower Company or any of its Subsidiaries any other Principal Party to the extent such proceeding which is consented to by such person or remains undismissed for a period of 60 days, ; or the Borrower Company or any of its Subsidiaries other Principal Party 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 other Principal Party suffers any appointment of any custodian conservator or the like for it or any substantial part of its property to continue which continues undischarged or unstayed for a period of 60 days; or the Borrower Company or any of its Subsidiaries other Principal Party makes a general assignment for the benefit of creditors; or any corporate (or similar organizational) action is taken by the Borrower Company or any of its Subsidiaries other Principal party for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Cedar Fair L P)
Bankruptcy, etc. The Borrower Any Credit Party or any of its respective Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled 88 -82- "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, respective Subsidiaries and the petition is not timely controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower any Credit Party or any of its respective Subsidiaries, ; or the Borrower any Credit Party or any of its 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 any Credit Party or any of its respective Subsidiaries, ; or there is commenced against the Borrower any Credit Party or any of its respective Subsidiaries any such proceeding which remains undismissed for a period of 60 days, ; or the Borrower any Credit Party or any of its respective 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 any Credit Party or any of its respective Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower any Credit Party or any of its respective Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower any Credit Party or any of its respective Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
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 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the 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, ; 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 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
Samples: Credit Agreement (Hci Direct Inc)
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 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower any Borrower, MobilePro Subsidiary or any member of its Subsidiaries, or the Borrower Davel Group; or any Borrower, MobilePro Subsidiary or any member of its Subsidiaries the 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, or the Borrower ; 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 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 Davel Group makes a general assignment for the benefit of creditors; or any 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 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, Subsidiaries and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the any Borrower or any of its Subsidiaries, ; or the Borrower 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 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, ; or the any 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 any Borrower or any of its Subsidiaries suffers any appointment of any custodian custodian, receiver, trustee or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the any Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any 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 1 contract
Bankruptcy, etc. The (i) If the Borrower or any of its Restricted Subsidiaries shall commence a voluntary case concerning itself any case, proceeding or other action (A) under Title 11 any existing or future law of the United States Code entitled "Bankruptcy," as now any jurisdiction, domestic or hereafter in effectforeign, relating to bankruptcy, insolvency, reorganization or relief of debtors, seeking to have an order for relief entered with respect to it, or seeking to adjudicate it a bankrupt or insolvent, or seeking reorganization, arrangement, adjustment, winding-up, liquidation, dissolution, composition or other relief with respect to it or its debts, or (B) seeking appointment of a receiver, trustee, custodian, conservator or other similar official for it or for all or any successor thereto (substantial part of its assets, the "Bankruptcy Code")Borrower or any of its Restricted Subsidiaries shall make a general assignment for the benefit of its creditors; or an involuntary case is (ii) there shall be commenced against the Borrower or any of its SubsidiariesRestricted Subsidiaries any case, and proceeding or other action of a nature referred to in clause (i) above that (A) results in the petition is not controverted within 10 entry of an order for relief or any such adjudication or appointment or (B) remains undismissed, undischarged or unbonded for a period of forty-five (45) days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Codeiii) is appointed for, or takes charge of, all or substantially all of the property 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 shall be commenced against the Borrower or any of its Restricted Subsidiaries any case, proceeding or other action seeking issuance of a warrant of attachment, execution, distraint or similar process against all or any substantial part of its assets that results in the entry of an order for any such proceeding which remains undismissed for a period of 60 daysrelief that shall not have been vacated, discharged, or stayed or bonded pending appeal within forty-five (45) days from the entry thereof, or (iv) the Borrower or any of its Restricted Subsidiaries is adjudicated insolvent shall take any action in furtherance of, or bankruptindicating its consent to, approval of, or acquiescence in, any of the acts set forth in clause (i) (ii) or (iii) above; or any order of relief or other order approving any such case or proceeding is entered; or (v) 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 corporate action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; orRestricted
Appears in 1 contract
Samples: Loan Agreement (Organic 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 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, Borrower; 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 jurisdiction, whether now or hereafter in effect effect, relating to the Borrower or any of its Subsidiaries, Borrower; or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 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 60 days; or the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any 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: Loan Agreement (HCS Ii Inc)
Bankruptcy, etc. The Borrower Company, any Designated Subsidiary Account Party, any Regulated Insurance Company or any of its Subsidiaries Significant Subsidiary shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "“Bankruptcy," ” as now or hereafter in effect, or any successor thereto (the "“Bankruptcy Code"”); or an involuntary case is commenced against the Borrower or any of its Subsidiaries, such Person and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower any such Person or any such Person commences (including by way of its Subsidiariesapplying for or consenting to the appointment of, or the Borrower taking of possession by, a rehabilitator, receiver, custodian, trustee, conservator, administrator or liquidator or other similar official in any jurisdiction (collectively, a “conservator”) of itself or all or any substantial portion of its Subsidiaries commences property) any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation insolvency, administration, liquidation, rehabilitation, supervision, 4849-0866-3397v978 #4849-0866-3397v1 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, 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 the Borrower or any of its Subsidiaries such Person suffers any appointment of any custodian conservator or the like for it or any substantial part of its property to continue which continues undischarged or unstayed for a period of 60 days; or the Borrower or any of its Subsidiaries such Person makes a general assignment for the benefit of creditors; or any 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 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 10 days, or is not dismissed within 60 90 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiariesthe Equity 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 90 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 any of its Subsidiaries the Equity Sponsor suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 90 days; or the Borrower or any of its Subsidiaries the Equity Sponsor makes a general assignment for the benefit of creditors; or any 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 A Default Event shall occur if: (i) Borrowers or any of its Subsidiaries shall them commence a voluntary case concerning itself themselves under Title 11 of the United States Bankruptcy Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto other law; (the "Bankruptcy Code"); or ii) an involuntary bankruptcy case is commenced against the Borrower Borrowers or any of its Subsidiaries, them and the petition is not controverted within 10 ten (10) days, or is not dismissed within 60 days, sixty (60) days after commencement of the such case; or (iii) a custodian "custodian" (as defined in the Bankruptcy Code) or similar Person is appointed for, or takes charge of, all or substantially all of the property of the Borrower any Borrower's property, or Borrowers or any of its Subsidiaries, or the Borrower or any of its Subsidiaries commences them commence any other proceeding proceedings under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction Governmental Authority, whether now or hereafter subsequently in effect relating to the Borrower or any of its Subsidiarieseffect, or there is commenced against the Borrower Borrowers or any of its Subsidiaries them any such proceeding which remains undismissed for a period of 60 days, or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankruptsixty (60) days following commencement; or (iv) any order of relief or other order approving any such case or proceeding is entered; or the Borrower (v) Borrowers or any of its Subsidiaries suffers them become insolvent or are adjudicated bankrupt; (vi) Borrowers or any of them suffer any appointment of any custodian or the like for it them or any substantial part of its their property to continue undischarged or unstayed for a period of 60 thirty (30) days; or the Borrower (vii) Borrowers or any of its Subsidiaries makes them make a general assignment for the benefit of creditors; (viii) Borrowers or any corporate of them fail to pay, or state that they are unable to pay, or become unable to pay, their debts generally as they become due; (ix) Borrowers or any of them call a meeting of creditors with a view to arranging a composition or adjustment of debts; (x) Borrowers or any of them by any act or failure to act, consent to, approve of or acquiesce in any of the foregoing; or (xi) any action is taken by the Borrower Borrowers or any of its Subsidiaries them 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 10 30 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the 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 30 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 30 days; or the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any 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 (Interlake 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, Subsidiaries and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, ; or the Borrower or any of its 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 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, ; 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 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 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 CodeBANKRUPTCY CODE"); or an involuntary case is commenced against the Borrower or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 10 20 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the 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, ; 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 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 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 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the 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 jurisdic tion 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 Subsidi aries any such proceeding which remains undismissed for a period of 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 con tinue 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 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 (Sitel 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 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the 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, 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 corporate 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
Samples: Credit Agreement (Manitowoc Co Inc)
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 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the any Borrower or any Subsidiary of its SubsidiariesFSA, or the Borrower FSA or any Subsidiary 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, 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 its Subsidiaries FSA 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 FSA or any Subsidiary of its Subsidiaries FSA makes a general assignment for the benefit of creditors; or any 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 Any Credit Party or any of its their 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 any Credit Party or any of its their Subsidiaries, and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower any Credit Party or any of its their Subsidiaries, or the Borrower any Credit Party or any of its their 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 any Credit Party or any of its their Subsidiaries, or there is commenced against the Borrower any Credit Party or any of its their Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Borrower any Credit Party or any of its their Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower any Credit Party or any of its their Subsidiaries suffers any appointment of any custodian custodian, administrator, administrative receiver or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower any Credit Party or any of its their Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower any Credit Party or any of its their 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 10 ten (10) days, or is not dismissed or discharged, within 60 sixty (60) days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the 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 sixty (60) 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 the Borrower Holdings or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 sixty (60) days; or the Borrower Holdings or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any 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"); or an involuntary case is commenced against the Borrower or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, or the Borrower or any of its Subsidiaries commences (or is required by law to commence) any other proceeding proceeding, or is deemed insolvent, 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, ; 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 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: Acknowledgment and Assumption Agreement (Vestar Capital Partners Iv Lp)
Bankruptcy, etc. The Borrower or any of its Subsidiaries Specified Subsidiary shall commence a voluntary case case, proceeding or action 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 case, proceeding or action is commenced against the Borrower or any of its Subsidiaries, Specified Subsidiary under the Bankruptcy Code and the petition is not controverted within 10 days, or is not dismissed within 60 days, days after commencement of the case, proceeding or action; or a custodian (as defined in the Bankruptcy Code) receiver, receiver manager, trustee or similar person is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, Specified Subsidiary; or the Borrower or any of its Subsidiaries Specified Subsidiary commences any other proceeding or action under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any of its Subsidiaries, Specified Subsidiary; or there is commenced against the Borrower or any of its Subsidiaries Specified Subsidiary under any Debtor Relief Law any such proceeding which or action that remains undismissed for a period of 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 or action is entered; or the Borrower or any of its Subsidiaries Specified Subsidiary suffers any appointment of any custodian receiver, receiver manager, trustee or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower or any of its Subsidiaries Specified Subsidiary makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower or any of its Subsidiaries Specified Subsidiary for the purpose of effecting any of the foregoing; oror 11.6
Appears in 1 contract
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 Partnership or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 10 20 days, or is not dismissed within 60 90 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower Partnership or any of its Subsidiaries, ; or the Borrower Partnership 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 Partnership or any of its Subsidiaries, ; or there is commenced against the Borrower Partnership or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 90 days, ; or the Borrower Partnership 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 Partnership or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 90 days; or the Borrower Partnership or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower Partnership 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 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 within 10 days, or is not dismissed within 60 ninety days, after commencement of the casecase or Company or any of its Subsidiaries files an answer or other pleading within such ninety-day period admitting of or failing to deny the material 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, ; 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, 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 Borrower 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 corporate 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 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 10 daysBusiness Days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the 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, ; 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 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, Subsidiaries and the petition is not controverted within 10 days, or is not dismissed within 60 30 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower Holdings or any of its Subsidiaries, 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 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 enteredentered and is not vacated or stayed within 30 days; or the Borrower Holdings or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged undis- charged or unstayed for a period of 60 30 days; or the Borrower Holdings or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any partnership and/or 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 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 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower any Credit Party or any of its Subsidiaries, ; or the Borrower any 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 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, ; 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 the Borrower any Credit Party or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower any Credit Party or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any 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 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 of its Subsidiaries, Subsidiary and the petition is not controverted within 10 days, days after commencement of the case; or an involuntary case is commenced against the Borrower or any Subsidiary and the petition is not dismissed within 60 days, days after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, Subsidiary; or the Borrower or any of its Subsidiaries Subsidiary commences any other proceeding under any reorganization, arrangement, 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, ; 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 of its Subsidiaries Subsidiary suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower or any of its Subsidiaries Subsidiary makes a general assignment for the benefit of creditors; or any 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 Holding 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 Holding or any of its Subsidiaries, and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower Holding or any of its Subsidiaries, or the Borrower Holding 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 Holding or any of its Subsidiaries, or there is commenced against the Borrower Holding or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Borrower Holding 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 Holding 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 Holding or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower Holding or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Hydrochem Industrial Services Inc)
Bankruptcy, etc. The Any Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title title 11 of the United States Code entitled "Bankruptcy," ", as now or hereafter in effect, or any successor statute thereto (the "Bankruptcy Code"); or an involuntary case is commenced against a Borrower under the Borrower or any of its Subsidiaries, Bankruptcy Code and the petition is not controverted within 10 daysBusiness Days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the a Borrower; or a 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 Borrower; or there is commenced against the a Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, ; or the a 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 a 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 a Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the a 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 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the any Borrower or any Subsidiary of its SubsidiariesFSA, or the Borrower FSA or any Subsidiary 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, 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 its Subsidiaries FSA 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 FSA or any Subsidiary of its Subsidiaries FSA makes a general assignment for the benefit of creditors; or any 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/Ny/)
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 10 15 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower Parent or any of its Subsidiaries, ; or the Borrower Parent or any of its Subsidiaries commences (or is required by law to commence) any other proceeding proceeding, or is deemed insolvent, 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, ; 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 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 Parent or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any 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 (Aearo CO I)
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 10 daysdays after service of summons, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, 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, 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 corporate 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 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, Subsidiaries and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the any Borrower or any of its Subsidiaries, ; or the Borrower 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 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, ; or the any 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 any Borrower or any of its Subsidiaries suffers any appointment of any custodian custodian, receiver, trustee or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the any Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any 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 1 contract
Bankruptcy, etc. (i) The Borrower Borrower, the Partnership, or any of its Subsidiaries the REIT 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 Borrower, the Partnership, or any of its Subsidiaries, the REIT and the petition is not controverted contested within 10 sixty (60) days, or is not dismissed within 60 ninety (90) days, after commencement of the case; case or (iii) a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its SubsidiariesBorrower, the Partnership, the REIT, or the Borrower Borrower, the Partnership, or any of its Subsidiaries the REIT 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 or any of its SubsidiariesBorrower, the Partnership, the REIT or there is commenced against the Borrower Borrower, the Partnership, or any of its Subsidiaries the REIT any such proceeding which remains undismissed for a period of 60 ninety (90) days, or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or (iv) any order of relief or other order approving any such case or proceeding is entered; or (v) the Borrower Borrower, the Partnership, or any of its Subsidiaries the REIT is adjudicated insolvent or bankrupt; or (vi) the Borrower, the Partnership, or the REIT suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 ninety (90) days; or (vii) the Borrower Borrower, the Partnership, or any of its Subsidiaries the REIT, makes a general assignment for the benefit of creditors; or (viii) the Borrower, the Partnership, or the REIT 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 Borrower, or the Partnership, the REIT shall call a meeting of its creditors with a view to arranging a composition or adjustment of its debt; or (x) the Borrower, the Partnership, or the REIT shall by any corporate act or failure to act consent to, approve of or acquiesce in any of the foregoing; or (xi) any corporate, partnership or limited liability company action is taken by the Borrower Borrower, the Partnership, or any of its Subsidiaries the REIT 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 10 ten (10) days, or is not dismissed within 60 ninety (90) days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the 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 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 or any of its Subsidiaries suffers any the appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 ninety (90) days; or the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or the Borrower takes any corporate action is taken by the Borrower or any of its Subsidiaries 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 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 10 30 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the 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 30 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 corporate action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; orunstayed
Appears in 1 contract
Samples: Credit Agreement (Interlake 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 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the 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, 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 the Borrower Neodata 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 Neodata or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any 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. 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 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the 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, 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 the Borrower or any of its Subsidiaries shall be generally not paying its debts as such debts become due or shall admit in writing its inability to pay its debts generally; or any 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: Security Agreement (Emcore Corp)
Bankruptcy, etc. The Borrower Company or any Subsidiary of its Subsidiaries the Company shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower Company or any Subsidiary of its Subsidiariesthe Company, and the petition is not controverted within 10 ten (10) days, or is not dismissed or discharged within 60 sixty (60) days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower Company or any Subsidiary of its Subsidiariesthe Company, or the Borrower Company or any Subsidiary of its Subsidiaries the Company 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 Subsidiary of its Subsidiariesthe Company, or there is commenced against the Borrower Company or any Subsidiary of its Subsidiaries the Company any such proceeding which remains undismissed or undischarged for a period of 60 sixty (60) days, or the Borrower Company or any Subsidiary of its Subsidiaries the Company 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 Subsidiary of its Subsidiaries the Company suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 sixty (60) days; or the Borrower Company or any Subsidiary of its Subsidiaries the Company makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower Company or any Subsidiary of its Subsidiaries the Company for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Borrower Either Borrower, the Guarantor or any of its Subsidiaries Material Subsidiary shall commence a voluntary case concerning itself under Title 11 of the United States Bankruptcy Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against either Borrower, the Borrower Guarantor or any of its SubsidiariesMaterial Subsidiary, and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of either Borrower, the Borrower Guarantor or any of its SubsidiariesMaterial Subsidiary; or either Borrower, or the Borrower Guarantor or any of its Subsidiaries Material Subsidiary commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to such Borrower, the Borrower Guarantor or any of its Subsidiaries, such Material Subsidiary; or there is commenced against either Borrower, the Borrower Guarantor or any of its Subsidiaries Material Subsidiary any such proceeding which remains undismissed for a period of 60 days; or either Borrower, or the Borrower Guarantor or any of its Subsidiaries Material Subsidiary is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or either Borrower, the Borrower Guarantor or any of its Subsidiaries Material Subsidiary suffers any appointment of any custodian or the like for it or any substantial part all or substantially all of its property to continue undischarged or unstayed for a period of 60 days; or either Borrower, the Borrower Guarantor or any of its Subsidiaries Material Subsidiary makes a general assignment for the benefit of creditors; or any corporate action is taken by either Borrower, the Borrower Guarantor or any of its Subsidiaries Material Subsidiary for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Omnicom Group 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 10 20 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the 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, ; 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 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 (i) Holdings, the Borrower or any of its Subsidiaries other 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 Holdings, the Borrower or any of its Subsidiaries, other Subsidiary and the petition is not controverted within 10 days, or is not dismissed within 60 days, days after commencement of the case; or (iii) a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower or any of its Subsidiariesother Subsidiary or Holdings, or the Borrower or any of its Subsidiaries other 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 Holdings, the Borrower or any of its Subsidiaries, such Subsidiary or there is commenced against Holdings, the Borrower or any of its Subsidiaries other Subsidiary any such proceeding which remains undismissed for a period of 60 days, or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or (iv) any order of relief or other order approving any such case or proceeding is entered; or (v) Holdings, the Borrower or any of its Subsidiaries other Subsidiary is adjudicated insolvent or bankrupt; or (vi) Holdings, the Borrower or any other Subsidiary suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or (vii) Holdings, the Borrower or any of its Subsidiaries other Subsidiary makes a general assignment for the benefit of creditors; or (viii) Holdings, the Borrower or any other Subsidiary shall fail to pay, or shall state in writing that it is unable to pay, or shall be unable to pay, its debts generally as they become due; or (ix) Holdings, the Borrower or any other 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 Holdings, the Borrower or any of its Subsidiaries other Subsidiary 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 10 30 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower Borrowers 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, 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 its their respective Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower Borrowers or any of its their respective Subsidiaries makes a general assignment for the benefit of creditors; or any 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 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 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the 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, ; 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 corporate Company 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 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 10 30 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower Borrowers 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, 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 its their respective Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower Borrowers or any of its their respective Subsidiaries makes a general assignment for the benefit of creditors; or any 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 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 10 15 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, 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, 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 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 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 10 days, or is not dismissed within 60 days, days after commencement of the case; or a an administrator, receiver, custodian (as defined in the Bankruptcy Code) or similar official is appointed for, or takes charge of, all or substantially all of the property 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 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, ; or the Borrower Company or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any Loan Party or First Tier Foreign Subsidiary that is a partnership dissolves, is wound up or otherwise ceases to exist; 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 Borrower Company or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate or other 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. (i) 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"”); (ii) or an involuntary case is commenced against the Borrower or any of its Subsidiaries, and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; (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, 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 (iv) there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 consecutive days, or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or (v) any order of relief or other order approving any such case or proceeding is entered; or (vi) the 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 consecutive days; or (vi) the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or (viii) any corporate corporate, limited liability company or similar action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting authorizing 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 10 15 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the 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, or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankruptBankrupt; 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 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 (Semiconductor Packaging Materials Co 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 10 1O days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the 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, 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 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 (Autotote 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 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the 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 jurisdic tion 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, 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 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: Sitel Corp
