Bankruptcy, etc. Holdings, the Borrower or any Specified Subsidiary shall commence a voluntary case, proceeding or action concerning itself under the Bankruptcy Code; or an involuntary case, proceeding or action is commenced against Holdings, the Borrower or any Specified Subsidiary under the Bankruptcy Code and the petition is not dismissed within 60 days after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; 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 Holdings, the Borrower or any Specified Subsidiary; or there is commenced against Holdings, the Borrower or any Specified Subsidiary under any other Debtor Relief Law any such proceeding or action that remains undismissed for a period of 60 days; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower or any 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 Holdings, the Borrower or any Specified Subsidiary makes a general assignment for the benefit of creditors; or
Appears in 11 contracts
Samples: Credit Agreement (Snap One Holdings Corp.), Incremental Agreement (Snap One Holdings Corp.), Incremental Agreement (Snap One Holdings Corp.)
Bankruptcy, etc. Holdings, the Borrower or any Specified Subsidiary shall commence a voluntary case, proceeding or action concerning itself under the Bankruptcy Code; or an involuntary case, proceeding or action is commenced against Holdings, the Borrower or any Specified Subsidiary under the Bankruptcy Code and the petition is not dismissed within 60 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 Holdings, the Borrower or any Specified Subsidiary; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; 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 Holdings, the Borrower or any Specified Subsidiary; or there is commenced against Holdings, the Borrower or any Specified Subsidiary under any other Debtor Relief Law any such proceeding or action that remains undismissed for a period of 60 days; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower or any Specified Subsidiary suffers any appointment of any custodian, 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 Holdings, the Borrower or any Specified Subsidiary makes a general assignment for the benefit of creditors; or any corporate action is taken by Holdings, the Borrower or any Specified Subsidiary for the purpose of effecting any of the foregoing; or
Appears in 9 contracts
Samples: Ninth Amendment (LPL Financial Holdings Inc.), Eighth Amendment (LPL Financial Holdings Inc.), Amendment to Credit Agreement (LPL Financial Holdings Inc.)
Bankruptcy, etc. Holdings, the Borrower The Parent or any Specified Subsidiary of its Subsidiaries shall commence a voluntary case, proceeding or action case concerning 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, proceeding or action case is commenced against Holdings, the Borrower Parent or any Specified Subsidiary under the Bankruptcy Code of its Subsidiaries and the petition is not controverted within 20 days after service of summons, or is not dismissed within 60 days days, after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; 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 Holdings, the Borrower Parent or any Specified Subsidiary; of its Subsidiaries or the Parent or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent or any of its Subsidiaries or there is commenced against Holdings, the Borrower Parent or any Specified Subsidiary under any other Debtor Relief Law of its Subsidiaries any such proceeding or action that which remains undismissed for a period of 60 days, or the Parent or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower Parent or any Specified Subsidiary of its Subsidiaries suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Parent or any Specified Subsidiary of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Parent or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 7 contracts
Samples: Credit Agreement (Oaktree Capital Management Lp), Credit Agreement (General Maritime Corp / MI), Credit Agreement (General Maritime Corp / MI)
Bankruptcy, etc. Holdings, the The Borrower or any Specified Subsidiary shall commence a voluntary case, proceeding or action case concerning 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, proceeding or action case is commenced against Holdings, the Borrower or any Specified Subsidiary under and the Bankruptcy Code petition is not controverted within 10 days after commencement of the case; or an involuntary case is commenced against the Borrower or any Specified Subsidiary and the petition is not dismissed within 60 days after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; 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 Holdingsthe Borrower or any Specified Subsidiary; or the Borrower or any Specified Subsidiary commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any Specified Subsidiary; or there is commenced against Holdings, the Borrower or any Specified Subsidiary under any other Debtor Relief Law any such proceeding or action that remains undismissed for a period of 60 days; or the Borrower or any Specified Subsidiary is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower or any Specified Subsidiary suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Specified Subsidiary makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower or any Specified Subsidiary for the purpose of effecting any of the foregoing; or
Appears in 6 contracts
Samples: Credit Agreement (Brunos Inc), Credit Agreement (Randalls Food Markets Inc), Revolving Credit Agreement (Kindercare Learning Centers Inc /De)
Bankruptcy, etc. Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries shall commence a voluntary case, proceeding or action case concerning 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, proceeding or action case is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under the Bankruptcy Code 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, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; 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 Holdings, the Borrower Holdings or any Specified Subsidiaryof its Subsidiaries; or 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 Holdings or any of its Subsidiaries; or there is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under any other Debtor Relief Law of its Subsidiaries any such proceeding or action that which remains undismissed for a period of 60 days; or 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 or action is entered; or Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Holdings or any Specified Subsidiary of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 6 contracts
Samples: Credit Agreement (Nutraceutical International Corp), Credit Agreement (Champion Aerospace Inc), Credit Agreement (Pine Holdings Inc)
Bankruptcy, etc. Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries shall commence a voluntary case, proceeding or action case concerning 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, proceeding or action case is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under the Bankruptcy Code of its Subsidiaries and the petition is not dismissed within 60 days days, after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; 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 Holdings, the Borrower Holdings or any Specified Subsidiaryof its Subsidiaries; or 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 Holdings or any of its Subsidiaries; or there is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under any other Debtor Relief Law of its Subsidiaries any such proceeding or action that which remains undismissed for a period of 60 days; or 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 or action is entered; or Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Holdings or any Specified Subsidiary of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 5 contracts
Samples: Credit Agreement (Air Transport Services Group, Inc.), Credit Agreement (Air Transport Services Group, Inc.), Credit Agreement (Air Transport Services Group, Inc.)
Bankruptcy, etc. Holdings, the Borrower The Company or any Specified Subsidiary of its Subsidiaries shall commence a voluntary case, proceeding or action case concerning 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, proceeding or action case is commenced against Holdings, the Borrower Company or any Specified Subsidiary under the Bankruptcy Code 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, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; 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 Holdings, the Borrower Company or any Specified Subsidiary; of its Subsidiaries, or the 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 Company or any of its Subsidiaries, or there is commenced against Holdings, the Borrower Company or any Specified Subsidiary under any other Debtor Relief Law of its Subsidiaries any such proceeding or action that which remains undismissed for a period of 60 days; or the 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 or action is entered; or Holdings, the Borrower Company or any Specified Subsidiary of its Subsidiaries suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Company or any Specified Subsidiary of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Company or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 5 contracts
Samples: Term Loan Credit Agreement (Omnova Solutions Inc), Term Loan Credit Agreement (Omnova Solutions Inc), Term Loan Credit Agreement (Omnova Solutions Inc)
Bankruptcy, etc. Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries shall ---------------- commence a voluntary case, proceeding or action case concerning 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, proceeding or action case is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under the Bankruptcy Code 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, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; 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 Holdings, the Borrower Holdings or any Specified Subsidiaryof its Subsidiaries; or 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 Holdings or any of its Subsidiaries; or there is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under any other Debtor Relief Law of its Subsidiaries any such proceeding or action that which remains undismissed for a period of 60 days; or 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 or action is entered; or Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Holdings or any Specified Subsidiary of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 5 contracts
Samples: Credit Agreement (Wesley Jessen Visioncare Inc), Credit Agreement (Cambridge Industries Inc /De), Credit Agreement (Dade Behring Inc)
Bankruptcy, etc. Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries shall commence a voluntary case, proceeding or action case concerning 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, proceeding or action case is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under the Bankruptcy Code 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, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; 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 Holdings, the Borrower Holdings or any Specified Subsidiaryof its Subsidiaries; or 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 Holdings or any of its Subsidiaries; or there is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under any other Debtor Relief Law of its Subsidiaries any such proceeding or action that which remains undismissed for a period of 60 days; or 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 or action is entered; or Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Holdings or any Specified Subsidiary of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company action is taken by Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 5 contracts
Samples: Credit Agreement (Dole Food Company Inc), Credit Agreement (Dole Food Company Inc), Credit Agreement (Dole Food Company Inc)
Bankruptcy, etc. Holdings, the Borrower or any Specified Material Subsidiary shall commence a voluntary case, proceeding or action concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” any domestic or foreign law relating to bankruptcy, judicial management, insolvency, liquidation, receivership, reorganization, administration or relief of debtors in effect in its jurisdiction of incorporation, in each case as now or hereafter in effect, or any successor thereto (collectively, the “Bankruptcy Code”); or an involuntary case, proceeding or action is commenced against Holdings, the Borrower or any Specified Material Subsidiary under and the Bankruptcy Code petition is not controverted within 30 days after commencement of the case, proceeding or action; or an involuntary case, proceeding or action is commenced against Holdings, the Borrower or any Material Subsidiary and the petition is not dismissed within 60 days after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), judicial manager, compulsory manager, receiver, receiver manager, trustee trustee, liquidator, administrator, administrative receiver or similar person is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower or any Specified Material Subsidiary; or Holdings, the Borrower or any Material Subsidiary commences any other voluntary proceeding or action under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency, winding-up, administration or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Material Subsidiary; or there is commenced against Holdings, the Borrower or any Specified Material Subsidiary under any other Debtor Relief Law any such proceeding or action that remains undismissed for a period of 60 days; or Holdings, the Borrower or any Material Subsidiary is adjudicated bankrupt; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower or any Specified Material Subsidiary suffers any appointment of any custodian, custodian receiver, receiver manager, trustee trustee, 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 Holdings, the Borrower or any Specified Subsidiary Material Subsidiary
makes a general assignment for the benefit of creditors; or any corporate action is taken by Holdings, the Borrower or any Material Subsidiary for the purpose of effecting any of the foregoing; or
Appears in 3 contracts
Samples: Credit Agreement (PRA Health Sciences, Inc.), Credit Agreement (PRA Health Sciences, Inc.), Credit Agreement (PRA Health Sciences, Inc.)
Bankruptcy, etc. HoldingsThe Company, the Borrower any Designated Subsidiary Account Party, any Regulated Insurance Company or any Specified Significant Subsidiary shall commence a voluntary case, proceeding or action case concerning 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, proceeding or action case is commenced against Holdings, the Borrower or any Specified Subsidiary under the Bankruptcy Code such Person and the petition is not dismissed within 60 days days, after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; 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 Holdings, the Borrower any such Person or any Specified Subsidiarysuch Person commences (including by way of applying for or consenting to the appointment of, or the taking of possession by, a rehabilitator, receiver, custodian, trustee, conservator, administrator or liquidator or other similar official in any jurisdiction (collectively, a “conservator”) of itself or all or any substantial portion of its property) any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency, administration, liquidation, rehabilitation, supervision, conservatorship or similar law of any jurisdiction or the Bermuda Companies Law whether now or hereafter in effect relating to any such Person; or there any such proceeding is commenced against Holdings, the Borrower any such Person and such proceeding is not dismissed within 60 days; or any Specified Subsidiary under any other Debtor Relief Law any such proceeding Person is adjudicated insolvent or action that remains undismissed for a period of 60 daysbankrupt; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower or any Specified Subsidiary such Person suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Holdings, the Borrower or any Specified Subsidiary such Person makes a general assignment for the benefit of creditors; or any corporate action is taken by any such Person for the purpose of effecting any of the foregoing; or
Appears in 3 contracts
Samples: Secured Letter of Credit Facility Agreement (Validus Holdings LTD), Unsecured Revolving Credit and Letter of Credit Facility Agreement (Validus Holdings LTD), Three Year Unsecured Letter of Credit Facility Agreement (Validus Holdings LTD)
Bankruptcy, etc. Holdings, the Borrower The Company or any Specified Subsidiary of its Subsidiaries (other than Brass prior to the Plan Confirmation Date) shall commence a voluntary case, proceeding or action case concerning 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, proceeding or action case is commenced against Holdings, the Borrower Company or any Specified such 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 Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; 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 Holdings, the Borrower Company or any Specified such Subsidiary; or the Company or any such Subsidiary commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Company or any such Subsidiary; or there is commenced against Holdings, the Borrower Company or any Specified such Subsidiary under any other Debtor Relief Law any such proceeding or action that which remains undismissed for a period of 60 days; or the Company or any such Subsidiary is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower Company or any Specified such Subsidiary suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Company or any Specified such Subsidiary makes a general assignment for the benefit of creditors; or any corporate action is taken by the Company or any such Subsidiary for the purpose of effecting any of the foregoing; or
Appears in 3 contracts
Samples: Credit Agreement (Zurn Industries Inc), Credit Agreement (Zurn Industries Inc), Credit Agreement (Zurn Industries Inc)
Bankruptcy, etc. Holdings, (i) Lessee consents to the Borrower or any Specified Subsidiary shall commence a voluntary case, proceeding or action concerning itself under the Bankruptcy Code; or an involuntary case, proceeding or action is commenced against Holdings, the Borrower or any Specified Subsidiary under the Bankruptcy Code and the petition is not dismissed within 60 days after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; 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 Holdings, the Borrower or any Specified Subsidiary; or there is commenced against Holdings, the Borrower or any Specified Subsidiary under any other Debtor Relief Law any such proceeding or action that remains undismissed for a period of 60 days; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower or any Specified Subsidiary suffers any appointment of any a custodian, receiver, receiver manager, trustee or the like for it liquidator of itself or all or any substantial material part of Lessee's property or Lessee's consolidated property, or Lessee admits in writing its property to continue undischarged inability to, or unstayed for a period of 60 days; is unable to, or Holdingsdoes not, the Borrower pay its debts generally as they come due, or any Specified Subsidiary makes a general assignment for the benefit of creditors, or Lessee files a voluntary petition in bankruptcy or a voluntary petition seeking reorganization in a proceeding under any bankruptcy or insolvency laws (as now or hereafter in effect), or an answer admitting the material allegations of a petition filed against Lessee in any such proceeding, or Lessee by voluntary petition, answer or consent seeks relief under the provisions of any other bankruptcy, insolvency or other similar law providing for the reorganization or winding-up of corporations, or provides for an agreement, composition, extension or adjustment with its creditors, or any corporate action (including, without limitation, any board of directors or shareholder action) is taken by Lessee in furtherance of any of the foregoing, whether or not the same is fully effected or accomplished; or
(ii) an order, judgment or decree is entered by any court appointing, without the consent of Lessee, a custodian, receiver, trustee or liquidator of Lessee, or of all or any material part of Lessee's property or Lessee's consolidated property is sequestered, and any such order, judgment or decree of appointment or sequestration remains in effect, undismissed, unstayed or unvacated for a period of thirty (30) days after the date of entry thereof or at any time an order for relief is granted; or
(iii) an involuntary petition against Lessee in a proceeding under the United States Federal Bankruptcy laws or other insolvency laws (as now or hereafter in effect) is filed and is not withdrawn or dismissed within thirty (30) days thereafter or at any time an order for relief is granted in such proceeding, or if, under the provisions of any law providing for reorganization or winding-up of corporations which may apply to Lessee, any court of competent jurisdiction assumes jurisdiction over, or custody or control of, Lessee or of all or any material part of Lessee's property, or Lessee's consolidated property and such jurisdiction, custody or control remains in effect, unrelinquished, unstayed or unterminated for a period of thirty (30) days or at any time an order for relief is granted in such proceeding; or
Appears in 3 contracts
Samples: Aircraft Lease Agreement (Vanguard Airlines Inc \De\), Aircraft Lease Agreement (Vanguard Airlines Inc \De\), Aircraft Lease Agreement (Vanguard Airlines Inc \De\)
Bankruptcy, etc. Holdings24.5.1 Any Obligor, the Borrower any Regulated Insurance Company or any Specified Subsidiary material subsidiary of Validus Reinsurance, Ltd. shall commence a voluntary case, proceeding or action case concerning itself under Title 11 of the US Code entitled “Bankruptcy”, as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code; or ”);
24.5.2 an involuntary case, proceeding or action case is commenced against Holdings, the Borrower or any Specified Subsidiary under the Bankruptcy Code such person and the petition is not dismissed within 60 days days, after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or ;
24.5.3 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 Holdings, the Borrower any such person or any Specified Subsidiary; such person commences (including by way of applying for or there consenting to the appointment of, or the taking of possession by, a rehabilitator, receiver, custodian, bankruptcy trustee, conservator or liquidator (collectively, a “conservator”) of itself or all or any substantial portion of its property) any other proceeding under any reorganisation, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency, liquidation, rehabilitation, supervision, conservatorship or similar law of any jurisdiction or the Bermuda Companies Law whether now or hereafter in effect relating to any such person;
24.5.4 any such proceeding is commenced against Holdings, the Borrower or any Specified Subsidiary under any other Debtor Relief Law any such person and such proceeding or action that remains undismissed for a period of is not dismissed within 60 days;
24.5.5 any such person is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower or ;
24.5.6 any Specified Subsidiary such person suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Holdings, the Borrower or or
24.5.7 any Specified Subsidiary such person makes a general assignment for the benefit of creditors; oror any corporate action is taken by any such person for the purpose of effecting any of the foregoing.
Appears in 2 contracts
Samples: Amendment and Restatement Agreement (Validus Holdings LTD), Amendment and Restatement Agreement (Validus Holdings LTD)
Bankruptcy, etc. Holdings, the The Borrower or any Specified Significant Subsidiary shall commence a voluntary case, proceeding or action concerning itself under the Bankruptcy Code; or an involuntary case, proceeding or action is commenced against Holdings, the Borrower or any Specified Significant Subsidiary under the Bankruptcy Code and the petition is not dismissed within 60 days after the commencement of the such case, proceeding or action; or Holdings, the Borrower or any Specified Significant Subsidiary commences any other case, proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Significant Subsidiary; 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 Holdings, the Borrower or any Specified Significant Subsidiary; or there is commenced against Holdings, the Borrower or any Specified Significant Subsidiary under any other Debtor Relief Law any such case, proceeding or action that remains undismissed for a period of 60 days; or any order of relief or other order approving any such case or case, proceeding or action is entered; or Holdings, the Borrower or any Specified Significant 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 Holdings, the Borrower or any Specified Significant Subsidiary makes a general assignment for the benefit of creditors; oror 11.6
Appears in 2 contracts
Samples: Credit Agreement (Snap One Holdings Corp.), Incremental Agreement to Credit Agreement (Snap One Holdings Corp.)
Bankruptcy, etc. Holdings, the Borrower or any Specified significant Subsidiary (as such term is defined in Article 1, Rule 1-02 of Regulation S-X of the Securities and Exchange Commission as in effect on the date hereof) shall commence a voluntary case, proceeding or action case concerning 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, proceeding or action case is commenced against Holdings, the Borrower or any Specified significant Subsidiary under the Bankruptcy Code and the petition is not dismissed within 60 days after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; 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 Holdings, the Borrower or any Specified significant Subsidiary; or Borrower or any significant 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 Borrower or such significant Subsidiary; or there is commenced against Holdings, the Borrower or any Specified significant Subsidiary under any other Debtor Relief Law any such case or proceeding or action that which remains undismissed for a period of 60 sixty (60) days; or Borrower or any significant Subsidiary is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower or any Specified significant Subsidiary suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Holdings, the Borrower or any Specified significant Subsidiary makes a general assignment for the benefit of creditors; or any corporate action is taken by Borrower or any significant Subsidiary for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Global Marine Inc), Credit Agreement (Global Marine Inc)
Bankruptcy, etc. Holdings, the Borrower or any Specified Subsidiary shall commence a voluntary case, proceeding or action concerning itself under the Bankruptcy Code; or an involuntary case, proceeding or action is commenced against Holdings, the Borrower or any Specified Subsidiary under the Bankruptcy Code and the petition is not dismissed within 60 days after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; 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 Holdings, the Borrower or any Specified Subsidiary; or there is commenced against Holdings, the Borrower or any Specified Subsidiary under any other Debtor Relief Law any such proceeding or action that remains undismissed for a period of 60 days; or days;or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower or any 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 Holdings, the Borrower or any Specified Subsidiary makes a general assignment for the benefit of creditors; or
Appears in 2 contracts
Samples: Incremental Agreement to Credit Agreement (Snap One Holdings Corp.), Incremental Agreement to Credit Agreement (Snap One Holdings Corp.)
Bankruptcy, etc. Holdings, the Borrower or any Specified Significant Subsidiary shall commence a voluntary case, proceeding or action concerning itself under the Bankruptcy Code; or an involuntary case, proceeding or action is commenced against Holdings, the Borrower or any Specified Significant Subsidiary under the Bankruptcy Code and the petition is not dismissed within 60 days after the commencement of the such case, proceeding or action; or Holdings, the Borrower or any Specified Significant Subsidiary commences any other case, proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Significant Subsidiary; 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 Holdings, the Borrower or any Specified Significant Subsidiary; or there is commenced against Holdings, the Borrower or any Specified Significant Subsidiary under any other Debtor Relief Law any such case, proceeding or action that remains undismissed for a period of 60 days; or any order of relief or other order approving any such case or case, proceeding or action is entered; or Holdings, the Borrower or any Specified Significant 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 Holdings, the Borrower or any Specified Significant Subsidiary makes a general assignment for the benefit of creditors; or
Appears in 2 contracts
Samples: Credit Agreement (MultiPlan Corp), Credit Agreement (MultiPlan Corp)
Bankruptcy, etc. Holdings, the The Borrower or any Specified Restricted Subsidiary shall commence a voluntary case, proceeding or action concerning itself under Title 11 of the United States Code entitled “Bankruptcy” or any other applicable insolvency, debtor relief, or debt adjustment law, in each case as now or hereafter in effect, or any successor thereto (collectively, the “Bankruptcy Code”); or an involuntary case, proceeding or action is commenced against Holdings, the Borrower or any Specified Restricted Subsidiary under the Bankruptcy Code and the petition is not dismissed or stayed within 60 days after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified the applicable Restricted Subsidiary commences any other consents to the institution of such case, proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating prior to Holdingssuch 60-day period, the Borrower or any Specified Subsidiaryorder of relief or other order approving any such case, proceeding or action is entered; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee trustee, conservator, liquidator, examiner, rehabilitator, administrator, or similar person is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower or any Specified SubsidiaryRestricted Subsidiary or all or any substantial portion of the property or business thereof; or there is commenced against Holdings, the Borrower or any Specified Subsidiary under any other Debtor Relief Law any such proceeding or action that remains undismissed for a period of 60 days; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower or any Specified Restricted Subsidiary suffers any appointment of any custodian, receiver, receiver manager, trustee trustee, conservator, liquidator, examiner, rehabilitator, administrator, or the like for it or any substantial part of its property or business to continue undischarged or unstayed for a period of 60 days; or Holdings, the Borrower or any Specified Restricted Subsidiary makes a general assignment for the benefit of creditors; or.
Appears in 2 contracts
Samples: Credit Agreement (Vine Energy Inc.), Credit Agreement (Vine Energy Inc.)
Bankruptcy, etc. Holdings, the The Borrower or any Specified Subsidiary shall commence a voluntary case, proceeding or action case concerning 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, proceeding or action case is commenced against Holdings, the Borrower or any Specified Subsidiary under and the Bankruptcy Code petition is not controverted within 10 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 after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; 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 Holdings, the Borrower or any Specified Subsidiary; or the Borrower or any Subsidiary commences any other proceeding under any reorganization, arrangement adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any Subsidiary; or there is commenced against Holdings, the Borrower or any Specified Subsidiary under any other Debtor Relief Law any such proceeding or action that remains undismissed for a period of 60 days; or the Borrower or any Subsidiary is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower or any Specified Subsidiary suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Specified Subsidiary makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower or any 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. Holdings, the Borrower or any Specified Material Subsidiary shall commence a voluntary case, proceeding or action concerning itself under Title 11 of the United States Code entitled “Bankruptcy” any domestic or foreign law relating to bankruptcy, judicial management, insolvency, liquidation, receivership, reorganization, administration or relief of debtors in effect in its jurisdiction of incorporation, in each case as now or hereafter in effect, or any successor thereto (collectively, the “Bankruptcy Code”); or an involuntary case, proceeding or action is commenced against Holdings, the Borrower or any Specified Material Subsidiary under and the Bankruptcy Code petition is not controverted within 60 days after commencement of the case, proceeding or action; or an involuntary case, proceeding or action is commenced against Holdings, the Borrower or any Material Subsidiary and the petition is not dismissed within 60 days after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), judicial manager, compulsory manager, receiver, receiver manager, trustee trustee, liquidator, administrator, administrative receiver or similar person Person is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower or any Specified Material Subsidiary; or Holdings, the Borrower or any Material Subsidiary commences any other voluntary proceeding or action under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency, winding-up, administration or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Material Subsidiary; or there is commenced against Holdings, the Borrower or any Specified Material Subsidiary under any other Debtor Relief Law any such proceeding or action that remains undismissed for a period of 60 days; or Holdings, the Borrower or any Material Subsidiary is adjudicated bankrupt; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower or any Specified Material Subsidiary suffers any appointment of any custodian, custodian receiver, receiver manager, trustee trustee, 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 Holdings, the Borrower or any Specified Material Subsidiary makes a general assignment for the benefit of creditors; or
Appears in 1 contract
Bankruptcy, etc. Holdings, the The Borrower or any Specified Subsidiary shall commence a voluntary case, proceeding or action concerning itself under the Bankruptcy Code; or an involuntary case, proceeding or action is commenced against Holdings, the Borrower or any Specified Subsidiary under the Bankruptcy Code and the petition is not dismissed within 60 days after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; 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 Holdings, the Borrower or any Specified Subsidiary; or there is commenced against Holdings, the Borrower or any Specified Subsidiary under any other Debtor Relief Law any such proceeding or action that remains undismissed for a period of 60 days; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower or any 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 Holdings, the Borrower or any Specified Subsidiary makes a general assignment for the benefit of creditors; or
Appears in 1 contract
Bankruptcy, etc. Holdings, (i) Lessee consents to the Borrower or any Specified Subsidiary shall commence a voluntary case, proceeding or action concerning itself under the Bankruptcy Code; or an involuntary case, proceeding or action is commenced against Holdings, the Borrower or any Specified Subsidiary under the Bankruptcy Code and the petition is not dismissed within 60 days after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; 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 Holdings, the Borrower or any Specified Subsidiary; or there is commenced against Holdings, the Borrower or any Specified Subsidiary under any other Debtor Relief Law any such proceeding or action that remains undismissed for a period of 60 days; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower or any Specified Subsidiary suffers any appointment of any a custodian, receiver, receiver manager, trustee or the like for it liquidator of itself or all or any substantial material part of Lessee's property or Lessee's consolidated property, or Lessee admits in writing its property to continue undischarged inability to, or unstayed for a period of 60 days; is unable to, or Holdingsdoes not, the Borrower pay its debts generally as they come due, or any Specified Subsidiary makes a general assignment for the benefit of creditors, or Lessee files a voluntary petition in bankruptcy or a voluntary petition seeking reorganization in a proceeding under any bankruptcy or insolvency laws (as now or hereafter in effect), or an answer admitting the material allegations of a petition filed against Lessee in any such proceeding, or Lessee by voluntary petition, answer or consent seeks relate under the provisions of any other bankruptcy, insolvency or other similar law providing for the reorganization or winding-up of corporations, or provides for an agreement, composition, extension or adjustment with its creditors, or any corporate action (including, without limitation, any board of directors or shareholder action) is taken by Lessee in furtherance of any of the foregoing, whether or not the same is fully effected or accomplished; or
(ii) an order, judgment or decree is entered by any court appointing, without the consent of Lessee, a custodian, receiver, trustee or liquidator of Lessee, or of all or any material part of Lessee's property or Lessee's consolidated property is sequestered, and any such order, judgment or decree of appointment or sequestration remains in effect, undismissed, unstayed or unvacated for a period of sixty (60) days after the date of entry thereof or at any time an order for relief is granted; or
(iii) an involuntary petition against Lessee in a proceeding under the United States Federal Bankruptcy laws or other insolvency laws (as now or hereafter in effect) is filed and is not withdrawn or dismissed within thirty (30) days thereafter or at any time an order for relief is granted in such proceeding, or if, under the provisions of any law providing for reorganization or winding-up of corporations which may apply to Lessee, any court of competent jurisdiction assumes jurisdiction over, or custody or control of, Lessee or of all or any material part of Lessee's property, or Lessee's consolidated property and such jurisdiction, custody or control remains in effect, unrelinquished, unstayed or unterminated for a period of sixty (60) days or at any time an order for relief is granted in such proceeding; or
Appears in 1 contract
Bankruptcy, etc. Holdings, the Borrower or any Specified significant Subsidiary (as such term is defined in Article 1, Rule 1-02 of Regulation S-X of the Securities and Exchange Commission as in effect on the date hereof) shall commence a voluntary case, proceeding or action case concerning itself under Title 11 of the Bankruptcy CodeUnited States Code entitled "Bankruptcy", as now or hereafter in effect, or any successor thereto (the "BANKRUPTCY CODE"); or an involuntary case, proceeding or action case is commenced against Holdings, the Borrower or any Specified significant Subsidiary under the Bankruptcy Code and the petition is not dismissed within 60 days after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; 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 Holdings, the Borrower or any Specified significant Subsidiary; or Borrower or any significant 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 Borrower or such significant Subsidiary; or there is commenced against Holdings, the Borrower or any Specified significant Subsidiary under any other Debtor Relief Law any such case or proceeding or action that which remains undismissed for a period of 60 sixty (60) days; or Borrower or any significant Subsidiary is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower or any Specified significant Subsidiary suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Holdings, the Borrower or any Specified significant Subsidiary makes a general assignment for the benefit of creditors; or any corporate action is taken by Borrower or any significant Subsidiary for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Global Marine Inc)
Bankruptcy, etc. Holdings, the Borrower or any Specified Material Subsidiary shall commence a voluntary case, proceeding or action concerning itself under Title 11 of the United States Code entitled “Bankruptcy” any domestic or foreign law relating to bankruptcy, judicial management, insolvency, liquidation, receivership, reorganization, administration or relief of debtors in effect in its jurisdiction of incorporation, in each case as now or hereafter in effect, or any successor thereto (collectively, the “Bankruptcy Code”); or an involuntary case, proceeding or action is commenced against Holdings, the Borrower or any Specified Material Subsidiary under and the Bankruptcy Code petition is not controverted within 60 days after commencement of the case, proceeding or action; or an involuntary case, proceeding or action is commenced against Holdings, the Borrower or any Material Subsidiary and the petition is not dismissed within 60 days after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), judicial manager, compulsory manager, receiver, receiver manager, trustee trustee, liquidator, administrator, administrative receiver or similar person Person is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower or any Specified Material Subsidiary; or Holdings, the Borrower or any Material Subsidiary commences any other voluntary proceeding or action under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency, winding‑up, administration or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Material Subsidiary; or there is commenced against Holdings, the Borrower or any Specified Material Subsidiary under any other Debtor Relief Law any such proceeding or action that remains undismissed for a period of 60 days; or Holdings, the Borrower or any Material Subsidiary is adjudicated bankrupt; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower or any Specified Material Subsidiary suffers any appointment of any custodian, custodian receiver, receiver manager, trustee trustee, 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 Holdings, the Borrower or any Specified Material Subsidiary makes a general assignment for the benefit of creditors; or
Appears in 1 contract
Bankruptcy, etc. HoldingsThe Company, the Borrower any Designated Subsidiary Account Party, any Regulated Insurance Company or any Specified Significant Subsidiary shall commence a voluntary case, proceeding or action case concerning 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, proceeding or action case is commenced against Holdings, the Borrower or any Specified Subsidiary under the Bankruptcy Code such Person and the petition is not dismissed within 60 days days, after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; 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 Holdings, the Borrower any such Person or any Specified Subsidiarysuch Person commences (including by way of applying for or consenting to the appointment of, or the taking of possession by, a rehabilitator, receiver, custodian, trustee, conservator, administrator or liquidator or other similar official in any jurisdiction (collectively, a “conservator”) of itself or all or any substantial portion of its property) any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency, administration, liquidation, rehabilitation, supervision, conservatorship or similar law of any jurisdiction or the Bermuda Companies Law whether now or hereafter in effect relating to any such Person; or there any such proceeding is commenced against Holdings, the Borrower any such Person and such proceeding is not dismissed within 60 days; or any Specified Subsidiary under any other Debtor Relief Law any such proceeding Person is adjudicated insolvent or action that remains undismissed for a period of 60 daysbankrupt; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower or any Specified Subsidiary such Person suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Holdings, the Borrower or any Specified Subsidiary such Person makes a general assignment for the benefit of creditors; or any corporate action is taken by any such Person for the purpose of effecting any of the foregoing; or”
Appears in 1 contract
Samples: Five Year Secured Letter of Credit Facility Agreement (Validus Holdings LTD)
Bankruptcy, etc. Holdings, the The Borrower or any Specified Restricted Subsidiary shall commence a voluntary case, proceeding or action case concerning itself under the Bankruptcy Code; or an involuntary case, proceeding or action case is commenced against Holdings, the Borrower or any Specified Restricted Subsidiary under the Bankruptcy Code and the petition is not dismissed within 60 90 days after commencement of the case, proceeding or action; or Holdingsa 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 Specified Restricted Subsidiary; or the Borrower or any Restricted Subsidiary commences any other proceeding or action under any other Debtor Relief Law reorganization, arrangement, adjustment of the debt, relief of creditors, dissolution, insolvency or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; 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 Holdings, the Borrower or any Specified Restricted Subsidiary; or there is commenced against Holdings, the Borrower or any Specified Restricted Subsidiary under any other Debtor Relief Law any such proceeding or action that which remains undismissed for a period of 60 90 days; or the Borrower or any Restricted Subsidiary is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower or any Specified Restricted Subsidiary suffers any appointment of any custodian, receiver, receiver manager, trustee custodian or the like for it or for any substantial part of its property to continue undischarged unchanged or unstayed for a period of 60 90 days; or Holdings, the Borrower or any Specified Restricted Subsidiary makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower or any Restricted Subsidiary for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. HoldingsThe Company, the Borrower any Loan Party, any Regulated Insurance Company or any Specified Significant Subsidiary shall commence a voluntary case, proceeding or action case concerning 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, proceeding or action case is commenced against Holdings, the Borrower or any Specified Subsidiary under the Bankruptcy Code such Person and the petition is not dismissed within 60 days days, after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; 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 Holdings, the Borrower any such Person or any Specified Subsidiarysuch Person commences (including by way of applying for or consenting to the appointment of, or the taking of possession by, a rehabilitator, receiver, custodian, trustee, conservator, administrator or liquidator or other similar official in any jurisdiction (collectively, a “conservator”) of itself or all or any substantial portion of its property) any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency, administration, liquidation, rehabilitation, supervision, conservatorship or similar law of any jurisdiction or the Bermuda Companies Law whether now or hereafter in effect relating to any such Person; or there any such proceeding is commenced against Holdings, the Borrower any such Person and such proceeding is not dismissed within 60 days; or any Specified Subsidiary under any other Debtor Relief Law any such proceeding Person is adjudicated insolvent or action that remains undismissed for a period of 60 daysbankrupt; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower or any Specified Subsidiary such Person suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Holdings, the Borrower or any Specified Subsidiary such Person makes a general assignment for the benefit of creditors; oror any corporate action is taken by any such Person for the purpose of effecting any of the foregoing; or SECTION
Appears in 1 contract
Samples: Unsecured Revolving Credit Agreement (Validus Holdings LTD)
Bankruptcy, etc. HoldingsThe Borrower, the Borrower any Guarantor or any Specified Subsidiary shall commence a voluntary case, proceeding or action concerning itself under Title 11 of the United States Code entitled “Bankruptcy” (the “Bankruptcy Code”) as now or hereafter in effect, or any successor thereto; or an involuntary case, proceeding or action is commenced against Holdingsthe Borrower, the Borrower any Guarantor or any Specified Subsidiary under the Bankruptcy Code and the petition is not dismissed within 60 days after commencement of the case, proceeding or action or, in connection with any such involuntary proceeding or action; , or Holdingsthe Borrower, the Borrower any Guarantor or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law 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 Holdingsthe Borrower, the Borrower any Guarantor or any Specified Subsidiary; 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 Holdingsthe Borrower, the Borrower any Guarantor or any Specified Subsidiary; or there is commenced against Holdings, the Borrower or any Specified Subsidiary under any other Debtor Relief Law any such proceeding or action that remains undismissed for a period of 60 days; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdingsthe Borrower, the Borrower any Guarantor or any 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 Holdingsthe Borrower, the Borrower any Guarantor or any Specified Subsidiary makes a general assignment for the benefit of creditors; oror the Borrower, any Guarantor or any Subsidiary take any action to effect any of the foregoing.
Appears in 1 contract
Bankruptcy, etc. Holdings24.5.1 Any Obligor, the Borrower any Regulated Insurance Company or any Specified Subsidiary material subsidiary of Validus Reinsurance, Ltd. shall commence a voluntary case, proceeding or action case concerning itself under Title 11 of the US Code entitled "Bankruptcy", as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code; or ");
24.5.2 an involuntary case, proceeding or action case is commenced against Holdings, the Borrower or any Specified Subsidiary under the Bankruptcy Code such person and the petition is not dismissed within 60 days days, after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or ;
24.5.3 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 Holdings, the Borrower any such person or any Specified Subsidiary; such person commences (including by way of applying for or there consenting to the appointment of, or the taking of possession by, a rehabilitator, receiver, custodian, bankruptcy trustee, conservator or liquidator (collectively, a "conservator") of itself or all or any substantial portion of its property) any other proceeding under any reorganisation, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency, liquidation, rehabilitation, supervision, conservatorship or similar law of any jurisdiction or the Bermuda Companies Law whether now or hereafter in effect relating to any such person;
24.5.4 any such proceeding is commenced against Holdings, the Borrower or any Specified Subsidiary under any other Debtor Relief Law any such person and such proceeding or action that remains undismissed for a period of is not dismissed within 60 days;
24.5.5 any such person is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower or ;
24.5.6 any Specified Subsidiary such person suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Holdings, the Borrower or or
24.5.7 any Specified Subsidiary such person makes a general assignment for the benefit of creditors; oror any corporate action is taken by any such person for the purpose of effecting any of the foregoing.
Appears in 1 contract
Samples: Amendment and Restatement Agreement (Validus Holdings LTD)
Bankruptcy, etc. Holdings, the The Borrower or any Specified Subsidiary shall commence a voluntary case, proceeding or action concerning itself under the Bankruptcy Code; or an involuntary case, proceeding or action is commenced against Holdings, the Borrower or any Specified Subsidiary under the Bankruptcy Code and the petition is not dismissed within 60 days after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other case, proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; 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 Holdings, the Borrower or any Specified Subsidiary; or there is commenced against Holdings, the Borrower or any Specified Subsidiary under any other Debtor Relief Law any such case, proceeding or action that remains undismissed for a period of 60 daysdays or as otherwise contemplated under such Debtor Relief Law; or any order of relief or other order approving any such case or case, proceeding or action is entered; or Holdings, the Borrower or any 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 Holdings, the Borrower or any Specified Subsidiary makes a general assignment for the benefit of creditors; or
Appears in 1 contract
Bankruptcy, etc. Holdings, the The Borrower or any Specified Restricted Subsidiary shall commence a voluntary case, proceeding or action case concerning itself under the Bankruptcy Code; or an involuntary case, proceeding or action case is commenced against Holdings, the Borrower or any Specified Restricted Subsidiary under the Bankruptcy Code and the petition is not dismissed within 60 days days, after commencement of the case, proceeding or action; or Holdingsa 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 Specified Restricted Subsidiary; or the Borrower or any Restricted Subsidiary commences any other proceeding or action under any other Debtor Relief Law reorganization, arrangement, adjustment of the debt, relief of creditors, dissolution, insolvency or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; 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 Holdings, the Borrower or any Specified Restricted Subsidiary; or there is commenced against Holdings, the Borrower or any Specified Restricted Subsidiary under any other Debtor Relief Law any such proceeding or action that which remains undismissed for a period of 60 days; or the Borrower or any Restricted Subsidiary is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower or any Specified Restricted Subsidiary suffers any appointment of any custodian, receiver, receiver manager, trustee custodian or the like for it or for any substantial part of its property to continue undischarged unchanged or unstayed for a period of 60 days; or Holdings, the Borrower or any Specified Restricted Subsidiary makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower or any Restricted Subsidiary for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Tultex Corp)
Bankruptcy, etc. Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries shall commence a voluntary case, proceeding or action case concerning 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, proceeding or action case is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under the Bankruptcy Code 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, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; 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 Holdings, the Borrower Holdings or any Specified Subsidiaryof its Subsidiaries; or 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 Holdings or any of its Subsidiaries; or there is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under any other Debtor Relief Law of its Subsidiaries any such proceeding or action that which remains undismissed for a period of 60 days; or 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 or action is entered; or Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Holdings or any Specified Subsidiary of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by Holdings or any of its Subsidiaries authorizing any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Nutraceutical International Corp)
Bankruptcy, etc. Holdings, the Borrower The Company or any Specified Subsidiary of the Company shall commence a voluntary case, proceeding or action case concerning 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, proceeding or action case is commenced against Holdings, the Borrower Company or any Specified Subsidiary under the Bankruptcy Code Subsidiary, 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 Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; 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 Holdings, the Borrower Company or any Specified Subsidiary; , or the Company or any Specified Subsidiary commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Company or any Specified Subsidiary, or there is commenced against Holdings, the Borrower Company or any Specified Subsidiary under any other Debtor Relief Law any such proceeding or action that which remains undismissed for a period of 60 days, or the Company or any Specified Subsidiary is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower Company or any Specified Subsidiary suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Company or any Specified Subsidiary makes a general assignment for the benefit of creditors; or any corporate action is taken by the Company or any Specified Subsidiary for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. Holdings, the Borrower or any Specified Subsidiary shall commence a voluntary case, proceeding or action concerning itself under the Bankruptcy Code; or an involuntary case, proceeding or action is commenced against Holdings, the Borrower or any Specified Subsidiary under the Bankruptcy Code and the petition is not dismissed within 60 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 Holdings, the Borrower or any Specified Subsidiary; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; 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 Holdings, the Borrower or any Specified Subsidiary; or there is commenced against Holdings, the Borrower or any Specified Subsidiary under any other Debtor Relief Law any such proceeding or action that remains undismissed for a period of 60 days; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower or any Specified Subsidiary suffers any appointment of any custodian, 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 Holdings, the Borrower or any Specified Subsidiary makes a general assignment for the benefit of creditors; oror any corporate action is taken by Holdings, the Borrower or any Specified Subsidiary for the purpose of effecting any of the foregoing; or 190
Appears in 1 contract
Bankruptcy, etc. Holdings, the Borrower Holdings or any Specified Subsidiary of its Significant Subsidiaries shall commence a voluntary case, proceeding or action case concerning 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, proceeding or action case is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under the Bankruptcy Code of its Significant Subsidiaries 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 Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; 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 Holdings, the Borrower Holdings or any Specified Subsidiary; of its Significant Subsidiaries, or Holdings or any of its Significant Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings or any of its Significant Subsidiaries, or there is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under any other Debtor Relief Law of its Significant Subsidiaries any such proceeding or action that which remains undismissed for a period of 60 days, or Holdings or any of its Significant Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower Holdings or any Specified Subsidiary of its Significant Subsidiaries suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Holdings or any Specified Subsidiary of its Significant Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by Holdings or any of its Significant Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. HoldingsThe Company, the Borrower Borrower, any Regulated Insurance Company or any Specified Significant Subsidiary shall commence a voluntary case, proceeding or action case concerning 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, proceeding or action case is commenced against Holdings, the Borrower or any Specified Subsidiary under the Bankruptcy Code such Person and the petition is not dismissed within 60 days days, after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; 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 Holdings, the Borrower any such Person or any Specified Subsidiarysuch Person commences (including by way of applying for or consenting to the appointment of, or the taking of possession by, a rehabilitator, receiver, custodian, trustee, conservator, administrator or liquidator or other similar official in any jurisdiction (collectively, a “conservator”) of itself or all or any substantial portion of its property) any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency, administration, liquidation, rehabilitation, supervision, conservatorship or similar law of any jurisdiction or the Bermuda Companies Law whether now or hereafter in effect relating to any such Person; or there any such proceeding is commenced against Holdings, the Borrower any such Person and such proceeding is not dismissed within 60 days; or any Specified Subsidiary under any other Debtor Relief Law any such proceeding Person is adjudicated insolvent or action that remains undismissed for a period of 60 daysbankrupt; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower or any Specified Subsidiary such Person suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Holdings, the Borrower or any Specified Subsidiary such Person makes a general assignment for the benefit of creditors; or any corporate action is taken by any such Person for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Revolving Credit Facility Agreement (Validus Holdings LTD)
Bankruptcy, etc. Holdings, the Borrower or any Specified Subsidiary shall commence a voluntary case, proceeding or action concerning itself under the Bankruptcy Code; or an involuntary case, proceeding or action is commenced against Holdings, the Borrower or any Specified Subsidiary under the Bankruptcy Code and the petition is not dismissed within 60 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 Holdings, the Borrower or any Specified Subsidiary; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; 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 Holdings, the Borrower or any Specified Subsidiary; or there is commenced against Holdings, the Borrower or any Specified Subsidiary under any other Debtor Relief Law any such proceeding or action that remains undismissed for a period of 60 days; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower or any Specified Subsidiary suffers any appointment of any custodian, 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 Holdings, the Borrower or any Specified Subsidiary makes a general assignment for the benefit of creditors; oror any corporate action is taken by Holdings, the Borrower or any Specified Subsidiary for the purpose of effecting any of the foregoing; or 186 LPL – Conformed A&R Credit Agreement
Appears in 1 contract
Bankruptcy, etc. Holdings, the The Borrower or any Specified Significant Subsidiary shall commence a voluntary case, proceeding or action concerning itself under the Bankruptcy Code; or an involuntary case, proceeding or action is commenced against Holdings, the Borrower or any Specified Significant Subsidiary under the Bankruptcy Code and the petition is not dismissed within 60 days after the commencement of the such case, proceeding or action; or Holdings, the Borrower or any Specified Significant Subsidiary commences any other case, proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Significant Subsidiary; 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 Holdings, the Borrower or any Specified Significant Subsidiary; or there is commenced against Holdings, the Borrower or any Specified Significant Subsidiary under any other Debtor Relief Law any such case, proceeding or action that remains undismissed for a period of 60 days; or any order of relief or other order approving any such case or case, proceeding or action is entered; or Holdings, the Borrower or any Specified Significant 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 Holdings, the Borrower or any Specified Significant Subsidiary makes a general assignment for the benefit of creditors; or
Appears in 1 contract
