Common use of Bankruptcy, Failure to Pay Debts, etc Clause in Contracts

Bankruptcy, Failure to Pay Debts, etc. If Borrower or any of its Subsidiaries shall admit in writing their inability, or be generally unable, to pay their respective debts as they become due or shall make an assignment for the benefit of creditors, file a petition in Bankruptcy, petition or apply to any tribunal for the appointment of a custodian, receiver or trustee for Borrower or any of its Subsidiaries or a substantial pa1i of their assets, or shall commence any proceeding under any bankruptcy, reorganization, arrangement, readjustment of debt, dissolution or liquidation law or statute of any jurisdiction, whether now or hereafter in effect, or if there shall have been filed any such petition or application, or any such proceeding shall have been commenced against Borrower or any of its Subsidiaries, in which an order for relief is entered or which remains undismissed for a period of thirty (30) days or more, or if Bo1rnwer or any of its Subsidiaries by any act or omission shall indicate consent to, approval of or acquiescence in any such petition, application, or proceeding or order for relief for the appointment of a custodian, receiver or any trustee for Borrower or any of its Subsidiaries or any substantial part of any of their properties, or shall suffer any such custodianship, receivership or trusteeship to continue undischarged for a period of thiliy (30) days or more.

Appears in 1 contract

Samples: Loan Agreement (Alico Inc)

AutoNDA by SimpleDocs

Bankruptcy, Failure to Pay Debts, etc. If Borrower or any of its Subsidiaries shall admit in writing their its inability, or be generally unable, to pay their respective its debts as they become due or shall make an assignment for the benefit of creditors, file a petition in Bankruptcybankruptcy, petition or apply to any tribunal for the appointment of a custodian, receiver or trustee for Borrower or any of its Subsidiaries or a substantial pa1i part of their Borrower’s assets, or shall commence any proceeding under any Debtor Relief Law or other bankruptcy, reorganization, arrangement, readjustment of debt, dissolution or liquidation law or statute of any jurisdiction, whether now or hereafter in effect, or if there shall have been filed any such petition or application, or any such proceeding shall have been commenced against Borrower or any of its SubsidiariesBorrower, in which an order for relief is entered or which remains undismissed for a period of thirty (30) days or more, or if Bo1rnwer or any of its Subsidiaries Borrower by any act or omission shall indicate its consent to, approval of or acquiescence in any such petition, application, or proceeding or order for relief for the appointment of a custodian, receiver or any trustee for Borrower or any of its Subsidiaries or any substantial part of any of their its properties, or shall suffer any such custodianship, receivership or trusteeship to continue undischarged for a period of thiliy thirty (30) days or more.

Appears in 1 contract

Samples: Loan Agreement (Innovative Food Holdings Inc)

Bankruptcy, Failure to Pay Debts, etc. If any Borrower or any of its Subsidiaries shall admit in writing their its inability, or be generally unable, to pay their respective its debts as they become due or shall make an assignment for the benefit of creditors, file a petition in Bankruptcybankruptcy, petition or apply to any tribunal for the appointment of a custodian, receiver or trustee for any Borrower or any of its Subsidiaries or a substantial pa1i part of their any Borrower's assets, or shall commence any proceeding under any bankruptcy, reorganization, arrangement, readjustment of debt, dissolution or liquidation law or statute of any jurisdiction, whether now or hereafter in effect, or if there shall have been filed any such petition or application, or any such proceeding shall have been commenced against Borrower or any of its SubsidiariesBorrower, in which an order for relief is entered or which remains undismissed for a period of thirty (30) days or more, or if Bo1rnwer or any of its Subsidiaries Borrower by any act or omission shall indicate its consent to, approval of or acquiescence in any such petition, application, or proceeding or order for relief for the appointment of a custodian, receiver or any trustee for any Borrower or any of its Subsidiaries or any substantial part of any of their its properties, or shall suffer any such custodianship, receivership or trusteeship to continue undischarged for a period of thiliy thirty (30) days or more.;

Appears in 1 contract

Samples: Loan Agreement (Orange Co Inc /Fl/)

Bankruptcy, Failure to Pay Debts, etc. If the Borrower or any of its Subsidiaries Guarantor shall admit in writing their its inability, or be generally unable, to pay their respective its debts as they become due or shall make an assignment for the benefit of creditors, file a petition in Bankruptcybankruptcy, petition or apply to any tribunal for the appointment of a custodian, receiver or trustee for the Borrower or any of its Subsidiaries Guarantor or a substantial pa1i part of their assets, or shall commence any proceeding under any bankruptcy, reorganization, arrangement, readjustment of debt, dissolution or liquidation law or statute of any jurisdiction, whether now or hereafter in effect, or if there shall have been filed any such petition or application, or any such proceeding shall have been commenced against the Borrower or any of its SubsidiariesGuarantor, in which an order for relief is entered or which remains undismissed for a period of thirty (30) days Days or more, or if Bo1rnwer the Borrower or any of its Subsidiaries Guarantor by any act or omission shall indicate its consent to, approval of or acquiescence in any such petition, application, or proceeding or order for relief for or the appointment of a custodian, receiver or any trustee for the Borrower or any of its Subsidiaries Guarantor or any substantial part of any of their its properties, or shall suffer any such custodianship, receivership or trusteeship to continue undischarged for a period of thiliy thirty (30) days Days or more.; or

Appears in 1 contract

Samples: Loan Agreement (Priority Healthcare Corp)

Bankruptcy, Failure to Pay Debts, etc. If Borrower or any of its Subsidiaries shall admit in writing their inability, or be generally unable, to pay their respective debts as they become due or shall make an assignment for the benefit of creditors, file a petition in Bankruptcy, petition or apply to any tribunal for the appointment of a custodian, receiver or trustee for Borrower or any of its Subsidiaries or a substantial pa1i part of their assets, or shall commence any proceeding under any bankruptcy, reorganization, arrangement, readjustment of debt, dissolution or liquidation law or statute of any jurisdiction, whether now or hereafter in effect, or if there shall have been filed any such petition or application, or any such proceeding shall have been commenced against Borrower or any of its Subsidiaries, in which an order for relief is entered or which remains undismissed for a period of thirty (30) days or more, or if Bo1rnwer Borrower or any of its Subsidiaries by any act or omission shall indicate consent to, approval of or acquiescence in any such petition, application, or proceeding or order for relief for the appointment of a custodian, receiver or any trustee for Borrower or any of its Subsidiaries or any substantial part of any of their properties, or shall suffer any such custodianship, receivership or trusteeship to continue undischarged for a period of thiliy thirty (30) days or more.

Appears in 1 contract

Samples: Loan Agreement (Alico Inc)

Bankruptcy, Failure to Pay Debts, etc. If the Borrower or any of its Subsidiaries Subsidiary shall admit in writing their its inability, or be generally unable, to pay their respective its debts as they become due or shall make an assignment for the benefit of creditors, file a petition in Bankruptcybankruptcy, petition or apply to any tribunal for the appointment of a custodian, receiver or trustee for the Borrower or any of its Subsidiaries Subsidiary or a substantial pa1i part of any of their assets, or shall commence any proceeding under any bankruptcy, reorganization, arrangement, readjustment of debt, dissolution or liquidation law or statute of any jurisdiction, whether now or hereafter in effect, or if there shall have been filed any such petition or application, or any such proceeding shall have been commenced against the Borrower or any of its SubsidiariesSubsidiary, in which an order for relief is entered or which remains undismissed for a period of thirty (30) days Days or more, or if Bo1rnwer the Borrower or any of its Subsidiaries Subsidiary by any act or omission shall indicate its consent to, approval of or acquiescence in any such petition, application, or proceeding or order for relief for or the appointment of a custodian, receiver or any trustee for the Borrower or any of its Subsidiaries Subsidiary or any substantial part of any of their its properties, or shall suffer any such custodianship, receivership or trusteeship to continue undischarged for a period of thiliy thirty (30) days Days or more.; or

Appears in 1 contract

Samples: Loan Agreement (Southern Community Bancorp)

Bankruptcy, Failure to Pay Debts, etc. If the Borrower or any of its Subsidiaries Subsidiary shall admit in writing their its inability, or be generally unable, to pay their respective its debts as they become due or shall make an assignment for the benefit of creditors, file a petition in Bankruptcybankruptcy, petition or apply to any tribunal for the appointment of a custodian, receiver or trustee for the Borrower or any of its Subsidiaries Subsidiary or a substantial pa1i part of their its assets, or shall commence any proceeding under any bankruptcy, reorganization, arrangement, readjustment of debt, dissolution or liquidation law or statute of any jurisdiction, whether now or hereafter in effect, or if there shall have been filed any such petition or application, or any such proceeding shall have been commenced against the Borrower or any of its SubsidiariesSubsidiary, in which an order for relief is entered or which remains undismissed for a period of thirty (30) days Days or more, or if Bo1rnwer the Borrower or any of its Subsidiaries Subsidiary by any act or omission shall indicate its consent to, approval of or acquiescence in any such petition, application, or proceeding or order for relief for or the appointment of a custodian, receiver or any trustee for the Borrower or any of its Subsidiaries Subsidiary or any substantial part of any of their its properties, or shall suffer any such custodianship, receivership or trusteeship to continue undischarged for a period of thiliy thirty (30) days Days or more.; or

Appears in 1 contract

Samples: Revolving and Term Loan Agreement (Seacoast Banking Corp of Florida)

AutoNDA by SimpleDocs

Bankruptcy, Failure to Pay Debts, etc. If any Borrower or any of its Subsidiaries shall admit in writing their its inability, or be generally unable, to pay their respective its debts as they become due or shall make an assignment for the benefit of creditors, file a petition in Bankruptcybankruptcy, petition or apply to any tribunal for the appointment of a custodian, receiver or trustee for any Borrower or any of its Subsidiaries or a substantial pa1i pati of their any Borrower's assets, or shall commence any proceeding under any Debtor Relief Law or other bankruptcy, reorganization, arrangement, readjustment of debt, dissolution or liquidation law or statute of any jurisdiction, whether now or hereafter in effect, or if there shall have been filed any such petition or application, or any such proceeding shall have been commenced against Borrower or any of its SubsidiariesBorrower, in which an order for relief is entered or which remains undismissed for a period of thirty thitiy (30) days or more, or if Bo1rnwer or any of its Subsidiaries Borrower by any act or omission shall indicate its consent to, approval of or acquiescence in any such petition, application, or proceeding or order for relief for the appointment of a custodian, receiver or any trustee for any Borrower or any of its Subsidiaries or any substantial part of any of their propertiesits propetiies, or shall suffer any such custodianship, receivership or trusteeship to continue undischarged for a period of thiliy thirty (30) days or more.

Appears in 1 contract

Samples: Loan Agreement (Innovative Food Holdings Inc)

Bankruptcy, Failure to Pay Debts, etc. If Borrower the Company or any of its Subsidiaries Subsidiary shall admit in writing their its inability, or be generally unable, to pay their respective its debts as they become due or shall make an assignment for the benefit of creditors, file a petition in Bankruptcybankruptcy, petition or apply to any tribunal for the appointment of a custodian, receiver or trustee for Borrower the Company or any of its Subsidiaries Subsidiary or a substantial pa1i part of their assets, or shall commence any proceeding under any bankruptcy, reorganization, arrangement, readjustment of debt, dissolution or liquidation law or statute of any jurisdiction, whether now or hereafter in effect, or if there shall have been filed any such petition or application, or any such proceeding shall have been commenced against Borrower the Company or any of its SubsidiariesSubsidiary, in which an order for relief is entered or which remains undismissed for a period of thirty (30) days Days or more, or if Bo1rnwer the Company or any of its Subsidiaries Subsidiary by any act or omission shall indicate its consent to, approval of or acquiescence in any such petition, application, or proceeding or order for relief for or the appointment of a custodian, receiver or any trustee for Borrower the Company or any of its Subsidiaries Subsidiary or any substantial part of any of their its properties, or shall suffer any such custodianship, receivership or trusteeship to continue undischarged for a period of thiliy thirty (30) days Days or more.; or

Appears in 1 contract

Samples: Loan Agreement (Colonial Bancgroup Inc)

Bankruptcy, Failure to Pay Debts, etc. If the Borrower or any of its Subsidiaries Subsidiary shall admit in writing their its inability, or be generally unable, to pay their respective its debts as they become due or shall make an assignment for the benefit of creditors, file a petition in Bankruptcy, petition or apply to any tribunal for the appointment of a custodian, receiver or trustee for the Borrower or any of its Subsidiaries Subsidiary or a substantial pa1i part of their assets, or shall commence any proceeding under any bankruptcyBankruptcy, reorganization, arrangement, readjustment of debt, dissolution or liquidation law or statute of any jurisdiction, whether now or hereafter in effect, or if there shall have been filed any such petition or application, or any such proceeding shall have been commenced against the Borrower or any of its SubsidiariesSubsidiary, in which an order for relief is entered or which remains undismissed for a period of thirty (30) days Days or more, or if Bo1rnwer the Borrower or any of its Subsidiaries Subsidiary by any act or omission shall indicate its consent to, approval of or acquiescence in any such petition, application, or proceeding or order for relief for or the appointment of a custodian, receiver or any trustee for the Borrower or any of its Subsidiaries Subsidiary or any substantial part of any of their its properties, or shall suffer any such custodianship, receivership or trusteeship to continue undischarged for a period of thiliy thirty (30) days Days or more.; or

Appears in 1 contract

Samples: Merger Agreement (Integrated Electrical Services Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!