Common use of Bankruptcy, Insolvency, etc Clause in Contracts

Bankruptcy, Insolvency, etc. The Borrower, Guarantor, or any of their respective Subsidiaries (except for Subsidiaries that are not Property Owners and which own in the aggregate less than $25,000,000 of assets) shall: (a) become insolvent or generally fail to pay, or admit in writing its inability or unwillingness generally to pay, debts as they become due; (b) apply for, consent to, or acquiesce in, the appointment of a trustee, receiver, sequestrator or other custodian for any substantial part of the property of any thereof, or make a general assignment for the benefit of creditors; (c) in the absence of such application, consent or acquiescence, permit or suffer to exist the appointment of a trustee, receiver, sequestrator or other custodian for a substantial part of the property of any thereof, and such trustee, receiver, sequestrator or other custodian shall not be discharged within 60 days; (d) permit or suffer to exist the commencement of any bankruptcy, reorganization, debt arrangement or other case or proceeding under any bankruptcy or insolvency law, or any dissolution, winding up or liquidation proceeding, in respect thereof, and, if any such case or proceeding is not commenced by the Borrower or any such Subsidiary, such case or proceeding shall be consented to or acquiesced in by the Borrower or any Subsidiary, as the case may be, or shall result in the entry of an order for relief or shall remain for 60 days undismissed; or (e) take any corporate action authorizing, or in furtherance of, any of the foregoing.

Bankruptcy, Insolvency, etc. The Borrower, Guarantor, Issuer or any of their respective Subsidiaries (except for Subsidiaries that are not Property Owners and which own in the aggregate less than $25,000,000 of assets) Subsidiary shall: (a) become insolvent or generally fail to pay, or admit in writing its inability or unwillingness generally to pay, its debts as they become due; (b) apply for, consent to, or acquiesce in, the appointment of a trustee, receiver, sequestrator or other custodian for itself or any substantial part of the property of any thereofits property, or make a general assignment for the benefit of creditors; (c) in the absence of such application, consent or acquiescence, permit or suffer to exist the appointment of a trustee, receiver, sequestrator or other custodian for a substantial part itself or for any of the property of any thereofits property, and such trustee, receiver, sequestrator or other custodian shall not be discharged within 60 sixty (60) days; (d) permit or suffer to exist the commencement of any bankruptcy, reorganization, debt arrangement or other case or proceeding under any bankruptcy or insolvency law, or any dissolution, winding up or liquidation proceeding, in respect thereof, of the Issuer or any Subsidiary and, if any such case or proceeding is not commenced by the Borrower Issuer or any such Subsidiary, such case or proceeding shall be consented to or acquiesced in by the Borrower Issuer or any Subsidiary, as the case may be, such Subsidiary or shall result in the entry of an order for relief or shall remain for 60 sixty (60) days undismissed; or (e) take any corporate action authorizing, or in furtherance of, any of the foregoing.

Bankruptcy, Insolvency, etc. The Borrower, Guarantor, Any Credit Party shall or any of their respective Subsidiaries other Borrower Group Member party to a Material Indebtedness shall or any other Borrower Group Member shall (except for Subsidiaries that are not Property Owners and which own in to the aggregate less than $25,000,000 of assets) shall:extent the same may be reasonably be expected to have a Material Adverse Effect): (a) become insolvent or generally fail to pay, or admit in writing its inability or unwillingness generally to pay, debts as they become due; (b) apply for, consent to, or acquiesce in, the appointment of a trustee, receiver, sequestrator or other custodian for any substantial part of the property of any thereof, or make a general assignment for the benefit of creditors; (c) in the absence of such application, consent or acquiescence, permit or suffer to exist the appointment of a trustee, receiver, sequestrator or other custodian for a substantial part of the property of any thereof, and such trustee, receiver, sequestrator or other custodian shall not be discharged within 60 days; (d) permit or suffer to exist the commencement of any bankruptcy, reorganization, debt arrangement or other case or proceeding under any bankruptcy or insolvency law, or any dissolution, winding up or liquidation proceeding, in respect thereof, and, if any such case or proceeding is not commenced by the Borrower or any such Subsidiary, such case or proceeding shall be consented to or acquiesced in by the Borrower or any Subsidiary, as the case may be, or shall result in the entry of an order for relief or shall remain for 60 days undismissed; or (e) take any corporate action authorizing, or in furtherance of, any of the foregoing.

Bankruptcy, Insolvency, etc. The Borrower, Guarantor, or any of their respective Subsidiaries (except for Subsidiaries that are not Property Owners and which own in the aggregate less than $25,000,000 of assets) Borrower shall: (a) become insolvent or generally fail to pay, or admit in writing its inability or unwillingness generally to pay, debts Debts as they become due; (b) apply for, consent to, or acquiesce in, the appointment of a trustee, receiver, sequestrator or other custodian for the Borrower or any substantial part of the property of any thereof, or make a general assignment for the benefit of creditors; (c) in the absence of such application, consent or acquiescence, permit or suffer to exist the appointment of a trustee, receiver, sequestrator or other custodian for the Borrower or for a substantial part of the property of any thereof, and such trustee, receiver, sequestrator or other custodian shall not be discharged within 60 sixty (60) days; (d) permit or suffer to exist the commencement of any bankruptcy, reorganization, debt Debt arrangement or other case or proceeding under any bankruptcy or insolvency law, or any dissolution, winding up or liquidation proceeding, in respect thereof, of the Borrower and, if any such case or proceeding is not commenced by the Borrower or any such SubsidiaryBorrower, such case or proceeding shall be consented to or acquiesced in by the Borrower or any Subsidiary, as the case may be, or shall result in the entry of an order for relief or shall remain for 60 sixty (60) days undismissed; or (e) take any corporate action authorizing, or in furtherance of, any of the foregoing.

Bankruptcy, Insolvency, etc. The Borrower, Guarantor, Borrower or any a Material Group of their respective Subsidiaries (except for Subsidiaries that are not Property Owners and which own in the aggregate less than $25,000,000 of assets) shall: (ai) become insolvent or generally fail to pay, or admit in writing its inability or unwillingness generally to pay, debts as they become due; (bii) apply for, consent to, or acquiesce in, the appointment of a trustee, receiver, sequestrator or other custodian for the Borrower or any substantial part Material Group of the Subsidiaries or any property of any thereof, or make a general assignment for the benefit of creditors; (ciii) in the absence of such application, consent or acquiescence, permit or suffer to exist the appointment of a trustee, receiver, sequestrator sequestrator, conservator, liquidator, rehabilitator or other custodian for the Borrower or any Material Group of Subsidiaries or for a substantial part of the property of any thereof, and such trustee, receiver, sequestrator sequestrator, conservator, liquidator, rehabilitator or other custodian shall not be discharged or stayed within 60 days; (div) permit or suffer to exist the commencement of any bankruptcy, reorganization, debt arrangement or other case or proceeding under any bankruptcy or insolvency lawDebtor Relief Law, or any dissolution, winding up or liquidation proceeding, in respect thereof, of the Borrower or any Material Group of Subsidiaries and, if any such case or proceeding is not commenced by the Borrower or any such SubsidiaryMaterial Group of Subsidiaries, such case or proceeding shall be consented to or acquiesced in by the Borrower or any Subsidiary, as the case may be, Material Group of Subsidiaries or shall result in the entry of an order for relief or shall remain for 60 days undismissedundismissed or unstayed; or (ev) take any corporate action authorizing, or in furtherance of, any of the foregoing.

Bankruptcy, Insolvency, etc. The BorrowerParent, Guarantor, the Borrower or any of their respective Subsidiaries (except for Subsidiaries that are not Property Owners and which own in the aggregate less than $25,000,000 of assets) Significant Subsidiary shall: (a) become insolvent or generally fail to pay, or admit in writing its inability or unwillingness generally to pay, its debts as they become due; (b) apply for, consent to, or acquiesce in, in the appointment of a trustee, receiver, sequestrator or other custodian for any substantial part of the property of any thereof, or make a general assignment for the benefit of creditors; (c) in the absence of such application, consent or acquiescenceacquiesce to, or permit or suffer to exist exist, the appointment of a trustee, receiver, sequestrator or other custodian for a substantial part of the property of any thereof, and such trustee, receiver, sequestrator or other custodian shall not be discharged within 60 days; (d) permit or suffer to exist the commencement of any bankruptcy, reorganization, debt arrangement or other case or proceeding under any bankruptcy or insolvency law, law or any dissolution, winding up or liquidation proceeding, in respect thereof, and, if any such case or proceeding is not commenced by Parent, the Borrower or any such Significant Subsidiary, such case or proceeding shall be consented to or acquiesced in by Parent, the Borrower or any such Significant Subsidiary, as the case may be, or shall result in the entry of an order for relief or shall remain for 60 days undismissed; or (e) take any corporate action authorizing, or in furtherance of, any of the foregoing.

Bankruptcy, Insolvency, etc. The Borrower, Guarantor, or any of their respective Subsidiaries (except for Subsidiaries This Lease is subject to the limitation that are not Property Owners and which own in the aggregate less than $25,000,000 of assets) shall: whenever Tenant (a) become insolvent or generally fail to pay, or admit in writing its inability or unwillingness generally to pay, debts as they become due; (b) apply for, consent to, or acquiesce in, the appointment of a trustee, receiver, sequestrator or other custodian for any substantial part of the property of any thereof, or shall make a general assignment for the benefit of creditors; , or (b) shall commence a voluntary case or have entered against it an order for relief under any chapter of the Federal Bankruptcy Code (Title 11 of the United States Code) or any similar order or decree under any federal or state law, now in existence, or hereafter enacted having the same general purpose, and such order or decree shall have not been stayed or vacated within sixty (60) days after entry, or (c) in the absence of such applicationshall cause, suffer, permit, or consent or acquiescence, permit or suffer to exist the appointment of a receiver, trustee, receiveradministrator, sequestrator conservator, sequestrator, liquidator or other custodian for a substantial part similar official in any federal, state or foreign judicial or nonjudicial proceeding, to hold, administer and/or liquidate all or substantially all of the property of any thereofits assets, and such trustee, receiver, sequestrator or other custodian appointment shall not be discharged have been revoked, terminated, stayed or vacated and such official discharge of his duties within 60 days; sixty (d60) permit or suffer to exist days of his appointment then Landlord, at any time after the commencement occurrence of any bankruptcysuch event, reorganization, debt arrangement may give Tenant a notice of intention to end the Term or other case or proceeding under any bankruptcy or insolvency law, or any dissolution, winding up or liquidation proceeding, in respect thereof, and, if any such case or proceeding is not commenced by the Borrower or any such Subsidiary, such case or proceeding shall be consented to or acquiesced in by the Borrower or any SubsidiaryRenewal Term, as applicable, at the case may beexpiration of five (5) days from the date of service of such notice of intention, and upon the expiration of said five (5) day period, whether or not the Term shall result in theretofore have commenced, this Lease shall terminate with the entry same effect as if that day were the expiration date of an order for relief or this Lease, but Tenant shall remain liable for 60 days undismissed; or (e) take any corporate action authorizing, or damages as provided in furtherance of, any of the foregoingArticle 21.

Bankruptcy, Insolvency, etc. The Borrower, Guarantor, Either Borrower or any --------------------------- of their respective its Material Subsidiaries (except for Subsidiaries that are not Property Owners and which own in the aggregate less than $25,000,000 of assets) shall: shall (a) become insolvent or generally fail to pay, or admit in writing its inability or unwillingness generally to pay, debts as they become due; ; (b) make a general assignment for the benefit of creditors; (c) apply for, seek, consent to, or acquiesce in, or permit or suffer to exist, the appointment of a trustee, receiver, sequestrator sequestrator, conservator, liquidator or other custodian for either Borrower or any substantial part of the property of any thereof, its Material Subsidiaries or make a general assignment for the benefit of creditors; (c) in the absence of such application, consent or acquiescence, permit or suffer to exist the appointment of a trustee, receiver, sequestrator or other custodian for a substantial part of the property of any thereof, and such trustee, receiver, sequestrator or other custodian shall not be discharged within 60 days; ; (d) permit or suffer to exist the commencement of any bankruptcy, reorganization, debt arrangement or other case or proceeding under any bankruptcy bankruptcy, insolvency or insolvency similar law, or any dissolution, winding up or liquidation proceeding, in respect thereofof either Borrower or any of its Material Subsidiaries, and, if any such case or proceeding is not commenced by the either Borrower or any such Material Subsidiary, such case or proceeding shall be consented to or acquiesced in by the either Borrower or any Subsidiary, as the case may be, such Material Subsidiary or shall result in the entry of an order for relief or shall remain for 60 days undismissed; or or (e) take any corporate action authorizing, or in furtherance of, any of the foregoing.

Bankruptcy, Insolvency, etc. The Borrower, Guarantor, Company or any of their respective Subsidiaries (except for Subsidiaries that are not Property Owners and which own in the aggregate less than $25,000,000 of assets) Subsidiary shall: (ai) become insolvent or generally fail to pay, or admit in writing its inability or unwillingness generally to pay, its debts as they become due; (bii) apply for, consent to, or acquiesce in, the appointment of a trustee, receiver, sequestrator or other custodian for itself or any substantial part of the property of any thereofits property, or make a general assignment for the benefit of creditors; (ciii) in the absence of such application, consent or acquiescence, permit or suffer to exist the appointment of a trustee, receiver, sequestrator or other custodian for a substantial part itself or for any of the property of any thereofits property, and such trustee, receiver, sequestrator or other custodian shall not be discharged within 60 sixty (60) days; (div) permit or suffer to exist the commencement of any bankruptcy, reorganization, debt arrangement or other case or proceeding under any bankruptcy or insolvency law, or any dissolution, winding up or liquidation proceeding, in respect thereof, of the Company or any Subsidiary and, if any such case or proceeding is not commenced by the Borrower Company or any such Subsidiary, such case or proceeding shall be consented to or acquiesced in by the Borrower Company or any Subsidiary, as the case may be, such Subsidiary or shall result in the entry of an order for relief or shall remain for 60 sixty (60) days undismissed; or (ev) take any corporate action authorizing, or in furtherance of, any of the foregoing.

Bankruptcy, Insolvency, etc. The Borrower, Guarantor, or any of their respective Subsidiaries (except for Subsidiaries that are not Property Owners and which own in the aggregate less than $25,000,000 of assets) shall: (a) Borrower shall become insolvent or generally fail to pay, or admit in writing its inability or unwillingness generally to pay, debts as they become due; (b) ; or Borrower shall apply for, consent to, or acquiesce in, the appointment of a trustee, receiver, sequestrator or other custodian for Borrower or any substantial part of the property of any thereofBorrower, or make a general assignment for the benefit of creditors; (c) ; or, in the absence of such application, consent or acquiescence, permit or suffer to exist the appointment of a trustee, receiver, sequestrator or other custodian shall be appointed for Borrower or for a substantial part of the property of any thereof, Borrower and such trustee, receiver, sequestrator or other custodian shall not be discharged within 60 30 days; (d) permit ; or suffer to exist the commencement of any bankruptcy, reorganization, debt arrangement arrangement, or other case or proceeding under any bankruptcy or insolvency law, or any dissolution, winding up or liquidation proceeding, shall be commenced in respect thereof, of Borrower and, if any such case or proceeding is not commenced by the Borrower or any such Subsidiary, such case or proceeding shall be consented to or acquiesced in by the Borrower or any SubsidiaryBorrower, as the case may be, or shall result in the entry of an order for relief or shall remain for 60 30 days undismissed; or (e) or Borrower shall take any corporate action authorizingto authorize, or in furtherance of, any of the foregoing.

Bankruptcy, Insolvency, etc. The Borrower, Guarantor, A Borrower or any of their respective Subsidiaries (except for Subsidiaries that are not Property Owners and which own in the aggregate less than $25,000,000 of assets) Obligor shall: (a) become insolvent or generally fail to pay, or admit in writing its inability or unwillingness generally to pay, debts as they become duedue or become insolvent; (b) apply for, consent to, or acquiesce in, the appointment of a trustee, receiver, sequestrator or other custodian for or any substantial part of the property of any thereof, or make a general assignment for the benefit of creditors; (c) in the absence of such application, consent or acquiescence, permit or suffer to exist the appointment of a trustee, receiver, sequestrator or other custodian or for a substantial part of the property of any thereof, and such trustee, receiver, sequestrator or other custodian shall not be discharged within 60 45 days; (d) permit or suffer to exist the commencement of any bankruptcy, reorganization, debt arrangement or other case or proceeding under any bankruptcy or insolvency law, or any dissolution, winding up or liquidation proceeding, in respect thereof, and; or, if any such case or proceeding is not commenced by the a Borrower or any such SubsidiaryObligor, such case or proceeding shall be consented to or acquiesced in by the such Borrower or any Subsidiary, as the case may be, such Obligor or shall result in the entry of an order for relief or shall remain for 60 45 days undismissed; or (e) take any corporate action authorizing, or in furtherance of, any of the foregoing.

Bankruptcy, Insolvency, etc. The Borrower, Guarantor, or any of their respective Subsidiaries (except for Subsidiaries that are not Property Owners and which own in the aggregate less than $25,000,000 of assets) Borrower shall: (ai) become insolvent or generally fail to pay, or admit in writing its inability or unwillingness generally to pay, debts Debts as they become due; (bii) apply for, consent to, or acquiesce in, the appointment of a trustee, receiver, sequestrator or other custodian for the Borrower or any substantial part of the property of any thereof, or make a general assignment for the benefit of creditors; (ciii) in the absence of such application, consent or acquiescence, permit or suffer to exist the appointment of a trustee, receiver, sequestrator or other custodian for the Borrower or for a substantial part of the property of any thereof, and such trustee, receiver, sequestrator or other custodian shall not be discharged within 60 days; (div) file for, consent to, permit or suffer to exist the commencement of any bankruptcy, reorganization, debt Debt arrangement or other case or proceeding under any bankruptcy or insolvency lawLaw, or any dissolution, winding up or liquidation proceeding, in respect thereof, of the Borrower and, if any such case or proceeding is not commenced by the Borrower or any such SubsidiaryBorrower, such case or proceeding shall be consented to or acquiesced in by the Borrower or any Subsidiary, as the case may be, or shall result in the entry of an order for relief or shall remain for 60 sixty (60) days undismissed; or (ev) take any corporate action authorizing, or in furtherance of, any of the foregoing.

Bankruptcy, Insolvency, etc. The Borrower, Guarantor, Any Loan Party or any of their respective Subsidiaries (except for Subsidiaries that are not Property Owners and which own in the aggregate less than $25,000,000 of assets) Guarantor shall: (a) become insolvent or generally fail to pay, or admit in writing its inability or unwillingness generally to pay, debts as they become due; (b) apply for, consent to, or acquiesce in, the appointment of a trustee, receiver, sequestrator or other custodian for itself or any substantial part of the property of any thereofits property, or make a general assignment for the benefit of creditors; (c) in the absence of such application, consent or acquiescence, permit or suffer to exist the appointment of a trustee, receiver, sequestrator or other custodian for itself or for a substantial part of the its property of any thereof, and such trustee, receiver, sequestrator or other custodian shall not be discharged within 60 sixty (60) days; (d) permit or suffer to exist the commencement of any bankruptcy, reorganization, debt arrangement or other case or proceeding under any bankruptcy or insolvency law, or any dissolution, winding up or liquidation proceeding, in respect thereof, and, if any such case or proceeding is not commenced by the Borrower or any such SubsidiaryLoan Party, such case or proceeding shall be consented to or acquiesced in by the Borrower or any Subsidiary, as the case may be, Loan Party or shall result in the entry of an order for relief or shall remain for 60 sixty (60) days undismissed; or (e) take any corporate action authorizing, or in furtherance of, any of the foregoing.