Bankruptcy Events Clause Samples

The Bankruptcy Events clause defines specific circumstances related to a party's insolvency or bankruptcy that trigger certain rights or remedies under the contract. Typically, this clause outlines what constitutes a bankruptcy event, such as the filing of a bankruptcy petition, appointment of a receiver, or commencement of liquidation proceedings. When such an event occurs, the clause may allow the non-defaulting party to terminate the agreement, suspend obligations, or take other protective actions. Its core function is to allocate risk and provide clear procedures in the event one party becomes insolvent, thereby protecting the interests of the other party.
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Bankruptcy Events. If at any time during the term of this Lease there shall be filed by or against Tenant in any court pursuant to any statute either of the United States or of any state a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant’s property, or if a receiver or trustee takes possession of any of the assets of Tenant, or if the leasehold interest herein passes to a receiver, or if Tenant makes an assignment for the benefit of creditors or petitions for or enters into an arrangement (any of which are referred to herein as “a bankruptcy event”), then the following provisions shall apply:
Bankruptcy Events. No obligation of the Contributor under this Agreement shall be altered, limited or affected by any Bankruptcy Event relating to the Company or Pledgor, or by any defense which the Company may have by reason of any order, decree or decision of any court or administrative body resulting from any such Bankruptcy Event.
Bankruptcy Events. Any authority of the Board with respect to (a) a case or proceeding to which the Company or any Subsidiary of the Company is a party under any applicable federal, state or foreign bankruptcy, insolvency or other similar law now or hereafter in effect (“Bankruptcy Laws”); (b) the consent to the entry of relief against the Company or any Subsidiary of the Company; (c) the consent to the appointment of a receiver, liquidator, or other similar official, including any assignee, trustee, custodian or sequestrator under any Bankruptcy Laws, or the taking possession by any such official of any substantial part of the property of the Company or any Subsidiary of the Company; or (d) the taking of any corporate action in furtherance of any of the foregoing (each, a “Bankruptcy Event”) shall be exercised by a Special Bankruptcy Committee constituted pursuant to Section 4.3
Bankruptcy Events. Section 5.1 Rights upon the Occurrence of a Bankruptcy Event
Bankruptcy Events. No Bankruptcy Event has been initiated by it or occurred in respect of it, and to its knowledge, after due inquiry, no Bankruptcy Event has been threatened against it.
Bankruptcy Events. If at any time during the Term there shall be filed by or against Lessee in any court pursuant to any statute either of the United States or of any state, commonwealth, district or territory thereof a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Lessee's property or estate, or if a receiver or trustee takes possession of any of the assets of Lessee, or if the leasehold interest herein passes to a receiver, or if Lessee makes an assignment for the benefit of creditors or petitions for or enters into an arrangement (any of which are referred to herein as a "Bankruptcy Event"), then the following provisions shall apply: (a) Upon the occurrence of a Bankruptcy Event, or if Lessee takes advantage of any insolvency laws of any state, district, commonwealth or territory of the United States, then in any such event Lessor at its option and sole discretion may terminate this Lease at any time by written notice to Lessee (subject, however, to applicable provisions of the applicable bankruptcy federal or state statutes or any insolvency laws during the pendency of any action thereunder involving Lessee as the subject debtor). If this Lease is terminated under this Article: (i) Lessee agrees to immediately surrender and vacate the Leased Premises, waives all statutory or other notice to quit, and agrees that Lessor's obligations under this Lease shall cease from such termination date; and (ii) Lessor may recover possession by process of law or in any other lawful manner. Furthermore, if this Lease terminates under this Section (a), Lessor shall, subject to the Bankruptcy Code, have all rights and remedies against Lessee as provided in this Lease and at law for a default of Lessee in the payment of Minimum Rent, Percentage Rent, if any, and/or additional Rent. Lessee hereby acknowledges that it shall have abandoned all of its personal property remaining in the Leased Premises after Lessee surrenders possession of the Leased Premises, and Lessee hereby authorizes Lessor to dispose of such personal property in any manner Lessor deems appropriate without accounting to governs or shall govern the proceedings in which such damages are to be proved limits or shall limit the amount of such claim capable of so being proved, in which case Lessor shall be entitled to prove as and for liquidated damages an amount equal to that allowed by or under any such statute. When calculating damages hereund...
Bankruptcy Events. The occurrence of any Bankruptcy Event suffered by the Pledgor, the Borrower, the Project Owner, the Procurement Sub or any other Material Project Participant.
Bankruptcy Events. If Lessee suffers a Bankruptcy Event, Lessor shall have the right to unilaterally make reasonable modifications to the payment terms set forth in Section 4 of this Lease at any time after such Bankruptcy Event. Lessor shall promptly notify Lessee of any such modifications to the payment terms of this Lease. For purposes of this Lease, “Bankruptcy Event” shall mean (i) the making by Lessee of any general assignment, or general arrangement for the benefit of creditors; (ii) the filing by or against Lessee of a petition to have Lessee adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy; (iii) the appointment of a trustee or receiver to take possession of substantially all of Lessee’s assets located at the Premises or of Lessee’s interest in this Lease; or (iv) the attachment, execution or other judicial seizure of substantially all of Lessee’s assets located at the Premises or of Lessee’s interest in this Lease.
Bankruptcy Events. (A) Borrower or any Principal filing a voluntary petition under the Bankruptcy Code or any other Federal or state bankruptcy or insolvency law; (B) the filing of an involuntary petition against Borrower or any Principal (other than by Lender or an Affiliate of Lender) under the Bankruptcy Code or any other Federal or state bankruptcy or insolvency law in which Borrower or any Principal or Guarantor colludes with, or otherwise assists such Person, or solicits or causes to be solicited petitioning creditors for any involuntary petition against Borrower or any Principal from any Person; (C) Borrower or any Principal filing an answer consenting to or joining in any involuntary petition filed against it by any other Person under the Bankruptcy Code or any other Federal or state bankruptcy or insolvency law, other than at the request of Lender; (D) Borrower or any Principal consenting to or joining in an application for the appointment of a custodian, receiver, trustee, or examiner for Borrower or any Principal or any portion of the Property (or any portion thereof), other than at the request of Lender; (E) Borrower or any Principal making an assignment for the benefit of creditors, or admitting in writing in any insolvency or bankruptcy proceeding, its insolvency or inability to pay its debts as they become due, other than at the request of Lender (unless failure to make such admission would be a violation of law, or in the context of required financial reporting or settlement discussions with Lender);
Bankruptcy Events. Tenant or any guarantor of Tenant's obligations hereunder: (i) admits in writing its inability to pay debts generally as they become due; (ii) files a petition in bankruptcy or for reorganization or for the adoption of an arrangement under the Bankruptcy Act (as now existing or in the future amended), or an answer or other pleading admitting the material allegations of such a petition or seeking, consenting to or acquiescing in the relief provided for under such Act; (iii) makes an assignment of all or a substantial part of its property for the benefit of its creditors; (iv) seeks or consents to or acquiesces in the appointment of a receiver or trustee for all or a substantial part of its property or of the Demised Premises; (v) is adjudicated a bankrupt or insolvent; or (vi) is the subject of the entry of a court order without its consent, which order shall not be vacated, set aside or stayed within sixty (60) days from the date of entry, appointing a receiver or trustee for all or a substantial part of its property or approving a petition filed against it for the effecting of an arrangement in bankruptcy or for a reorganization pursuant to the Bankruptcy Act or for any other judicial modification or alteration of the rights of creditors.