Bankruptcy, Failure to Pay Debts, etc. If the Borrower or any Subsidiary shall admit in writing its inability, or be generally unable, to pay 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 Subsidiary or a substantial 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 Subsidiary, in which an order for relief is entered or which remains undismissed for a period of thirty (30) Days or more, or the Borrower or any 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 or the appointment of a custodian, receiver or any trustee for the Borrower or any Subsidiary or any substantial part of any of its properties, or shall suffer any such custodianship, receivership or trusteeship to continue undischarged for a period of thirty (30) Days or more; or
Appears in 1 contract
Bankruptcy, Failure to Pay Debts, etc. If the Borrower Company or any Subsidiary shall admit in writing its inability, or be generally unable, to pay 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 Company or any Subsidiary or a substantial 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 Company or any Subsidiary, in which an order for relief is entered or which remains undismissed for a period of thirty (30) Days or more, or the Borrower Company or any 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 or the appointment of a custodian, receiver or any trustee for the Borrower Company or any Subsidiary or any substantial part of any of its properties, or shall suffer any such custodianship, receivership or trusteeship to continue undischarged for a period of thirty (30) Days or more; or
Appears in 1 contract
Bankruptcy, Failure to Pay Debts, etc. If the Borrower or any Subsidiary shall admit in writing its inability, or be generally unable, to pay 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 Subsidiary or a substantial part of any 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 Subsidiary, in which an order for relief is entered or which remains undismissed for a period of thirty (30) Days or more, or the Borrower or any 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 or the appointment of a custodian, receiver or any trustee for the Borrower or any Subsidiary or any substantial part of any of its properties, or shall suffer any such custodianship, receivership or trusteeship to continue undischarged for a period of thirty (30) Days or more; or
Appears in 1 contract
Samples: Agreement and Plan of Merger (Integrated Electrical Services Inc)
Bankruptcy, Failure to Pay Debts, etc. If the any Borrower or any Subsidiary shall admit in writing its inability, or be generally unable, to pay 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 any Borrower or any Subsidiary or a substantial part pati of any 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 the Borrower or any SubsidiaryBorrower, in which an order for relief is entered or which remains undismissed for a period of thirty thitiy (30) Days days or more, or the any Borrower or any 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 or for the appointment of a custodian, receiver or any trustee for the any Borrower or any Subsidiary or any substantial part of any of its propertiespropetiies, or shall suffer any such custodianship, receivership or trusteeship to continue undischarged for a period of thirty (30) Days days or more; or. Restated Loan Agreement in Favor of Fifth Third Bank, an Ohio banking corporation
Appears in 1 contract
Bankruptcy, Failure to Pay Debts, etc. If the any Borrower or any Subsidiary shall admit in writing its inability, or be generally unable, to pay 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 any Borrower or any Subsidiary or a substantial part of any of their 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 the Borrower or any SubsidiaryBorrower, in which an order for relief is entered or which remains undismissed for a period of thirty (30) Days days or more, or the any Borrower or any 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 or for the appointment of a custodian, receiver or any trustee for the any Borrower or any Subsidiary or any substantial part of any of its properties, or shall suffer any such custodianship, receivership or trusteeship to continue undischarged for a period of thirty (30) Days days or more; or;
Appears in 1 contract
Samples: Loan Agreement (Orange Co Inc /Fl/)
Bankruptcy, Failure to Pay Debts, etc. If the Borrower or any Subsidiary shall admit in writing its inability, or be generally unable, to pay 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 Subsidiary or a substantial part of any 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 the Borrower or any SubsidiaryBorrower, in which an order for relief is entered or which remains undismissed for a period of thirty (30) Days days or more, or the Borrower or any 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 or for the appointment of a custodian, receiver or any trustee for the Borrower or any Subsidiary or any substantial part of any of its properties, or shall suffer any such custodianship, receivership or trusteeship to continue undischarged for a period of thirty (30) Days days or more; or.
Appears in 1 contract
Bankruptcy, Failure to Pay Debts, etc. If the Borrower or any Subsidiary of its Subsidiaries shall admit in writing its their inability, or be generally unable, to pay its their respective 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 Subsidiary of its Subsidiaries or a substantial 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 Subsidiaryof its Subsidiaries, in which an order for relief is entered or which remains undismissed for a period of thirty (30) Days days or more, or the if Borrower or any Subsidiary of its Subsidiaries 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 or for the appointment of a custodian, receiver or any trustee for the Borrower or any Subsidiary of its Subsidiaries or any substantial part of any of its their properties, or shall suffer any such custodianship, receivership or trusteeship to continue undischarged for a period of thirty (30) Days days or more; or.
Appears in 1 contract
Samples: Loan Agreement (Alico Inc)
Bankruptcy, Failure to Pay Debts, etc. If the Borrower or any Subsidiary shall admit in writing its inability, or be generally unable, to pay 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 Subsidiary or a substantial part of any 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 Subsidiary, in which an order for relief is entered or which remains undismissed for a period of thirty (30) Days or more, or the Borrower or any 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 or the appointment of a custodian, receiver or any trustee for the Borrower or any Subsidiary or any substantial part of any of its properties, or shall suffer any such custodianship, receivership or trusteeship to continue undischarged for a period of thirty (30) Days or more; or
Appears in 1 contract
Samples: Revolving and Term Loan Agreement (Seacoast Banking Corp of Florida)
Bankruptcy, Failure to Pay Debts, etc. If the Borrower or any Subsidiary Guarantor shall admit in writing its inability, or be generally unable, to pay 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 Subsidiary Guarantor or a substantial 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 SubsidiaryGuarantor, in which an order for relief is entered or which remains undismissed for a period of thirty (30) Days or more, or the Borrower or any Subsidiary 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 or the appointment of a custodian, receiver or any trustee for the Borrower or any Subsidiary Guarantor or any substantial part of any of its properties, or shall suffer any such custodianship, receivership or trusteeship to continue undischarged for a period of thirty (30) Days or more; or
Appears in 1 contract
Bankruptcy, Failure to Pay Debts, etc. If the Borrower or any Subsidiary of its Subsidiaries shall admit in writing its their inability, or be generally unable, to pay its their respective 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 Subsidiary of its Subsidiaries or a substantial part of any 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 the Borrower or any Subsidiaryof its Subsidiaries, in which an order for relief is entered or which remains undismissed for a period of thirty (30) Days days or more, or the Borrower if Bo1rnwer or any Subsidiary of its Subsidiaries 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 or for the appointment of a custodian, receiver or any trustee for the Borrower or any Subsidiary of its Subsidiaries or any substantial part of any of its their properties, or shall suffer any such custodianship, receivership or trusteeship to continue undischarged for a period of thirty thiliy (30) Days days or more; or.
Appears in 1 contract
Samples: Loan Agreement (Alico Inc)