Common use of Bankruptcy, Insolvency, etc Clause in Contracts

Bankruptcy, Insolvency, etc. The Company or any other Loan Party becomes insolvent or generally fails to pay, or admits in writing its general inability or refusal to pay, debts as they become due; or the Company or any other Loan Party applies for, consents to, or acquiesces in the appointment of a trustee, receiver or other custodian for the Company or any other Loan Party or any substantial part of the property thereof, or makes a general assignment for the benefit of creditors; or, in the absence of such application, consent or acquiescence, a trustee, receiver or other custodian is appointed for the Company or such Loan Party or for any substantial part of the property thereof and is not discharged within 60 days; or any bankruptcy, reorganization, debt arrangement, or other case or proceeding under any bankruptcy or insolvency law, or any dissolution or liquidation proceeding (except the voluntary dissolution, not under any bankruptcy or insolvency law, of a Subsidiary Guarantor), is commenced in respect of the Company or any other Loan Party, and if such case or proceeding is not commenced by the Company or any other Loan Party, an order for relief is entered therein, or such case or proceeding is consented to or acquiesced in by the Company or such other Loan Party or remains for 60 days undismissed; or the Company or any other Loan Party takes any corporate action to authorize, or in furtherance of, any of the foregoing.

Appears in 6 contracts

Samples: Credit Agreement (Regal Rexnord Corp), Credit Agreement (Rexnord Corp), Credit Agreement (Regal Beloit Corp)

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Bankruptcy, Insolvency, etc. The Company or any other Loan Party Subsidiary becomes insolvent or generally fails to pay, or admits in writing its general inability or refusal to pay, debts as they become due; or the Company or any other Loan Party Subsidiary applies for, consents to, or acquiesces in the appointment of a trustee, receiver or other custodian for the Company or any other Loan Party such Subsidiary or any substantial part of the property thereof, or makes a general assignment for the benefit of creditors; or, in the absence of such application, consent or acquiescence, a trustee, receiver or other custodian is appointed for the Company or such Loan Party any Subsidiary or for any a substantial part of the property of any thereof and is not discharged within 60 days; or any bankruptcy, reorganization, debt arrangement, or other case or proceeding under any bankruptcy or insolvency law, or any dissolution or liquidation proceeding (except the voluntary dissolution, not under any bankruptcy or insolvency law, of a Subsidiary GuarantorSubsidiary), is commenced in respect of the Company or any other Loan PartySubsidiary, and if such case or proceeding is not commenced by the Company or any other Loan Partysuch Subsidiary, an order for relief is entered therein, or such case or proceeding it is consented to or acquiesced in by the Company or such other Loan Party Subsidiary, or remains for 60 days undismissed; or the Company or any other Loan Party Subsidiary takes any corporate action to authorize, or in furtherance of, any of the foregoing.

Appears in 6 contracts

Samples: Credit Agreement (Earthcare Co), Credit Agreement (United Road Services Inc), Credit Agreement (Santi Group Inc /Ga)

Bankruptcy, Insolvency, etc. The Company or any other Loan Party Subsidiary becomes insolvent or generally fails to pay, or admits in writing its general inability or refusal to pay, debts as they become due; or the Company or any other Loan Party Subsidiary applies for, consents to, or acquiesces in the appointment of a trustee, receiver or other custodian for the Company or any other Loan Party such Subsidiary or any substantial part of the property thereof, or makes a general assignment for the benefit of creditors; or, in the absence of such application, consent or acquiescence, a trustee, receiver or other custodian is appointed for the Company or such Loan Party any Subsidiary or for any substantial part of the property thereof and is not discharged within 60 days; or any bankruptcy, reorganization, debt arrangement, or other case or proceeding under any bankruptcy or insolvency law, or any dissolution or liquidation proceeding (except the voluntary dissolution, not under any bankruptcy or insolvency law, of a Subsidiary GuarantorSubsidiary), is commenced in respect of the Company or any other Loan PartySubsidiary, and if such case or proceeding is not commenced by the Company or any other Loan Partysuch Subsidiary, an order for relief is entered therein, or such case or proceeding it is consented to or acquiesced in by the Company or such other Loan Party Subsidiary, or remains for 60 days undismissed; or the Company or any other Loan Party Subsidiary takes any corporate action to authorize, or in furtherance of, any of the foregoing.

Appears in 5 contracts

Samples: Credit Agreement (Synagro Technologies Inc), Credit Agreement (Synagro Technologies Inc), Credit Agreement (Synagro Technologies Inc)

Bankruptcy, Insolvency, etc. The Company or any other Loan Party becomes insolvent or generally fails to pay, or admits in writing its general inability or refusal to pay, debts as they become due; or the Company or any other Loan Party applies for, consents to, or acquiesces in the appointment of a trustee, receiver or other custodian for the Company or any other Loan Party or any substantial part of the property thereof, or makes a general assignment for the benefit of creditors; or, in the absence of such application, consent or acquiescence, a trustee, receiver or other custodian is appointed for the Company or such Loan Party or for any substantial part of the property thereof and is not discharged within 60 days; or any bankruptcy, reorganization, debt arrangement, or other case or proceeding under any bankruptcy or insolvency law, or any dissolution or liquidation proceeding (except the voluntary dissolution, not under any bankruptcy or insolvency law, of a Subsidiary GuarantorSignificant Subsidiary), is commenced in respect of the Company or any other Loan Party, and if such case or proceeding is not commenced by the Company or any other Loan Party, an order for relief is entered therein, or such case or proceeding is consented to or acquiesced in by the Company or such other Loan Party or remains for 60 days undismissed; or the Company or any other Loan Party takes any corporate action to authorize, or in furtherance of, any of the foregoing.

Appears in 4 contracts

Samples: Credit Agreement (Regal Beloit Corp), First Amendment and Waiver (Regal Beloit Corp), Credit Agreement (Regal Beloit Corp)

Bankruptcy, Insolvency, etc. The Company or any other Loan Party becomes insolvent or generally fails to pay, or Subsidiary admits in writing its general inability or refusal to pay, pay debts as they become due; or the Company or any other Loan Party Subsidiary applies for, consents to, or acquiesces in the appointment of of, a trustee, receiver or other custodian for the Company or any other Loan Party such Subsidiary or any substantial part of the property thereof, or makes a general assignment for the benefit of creditors; or, in the absence of such application, consent or acquiescence, a trustee, receiver or other custodian is appointed for the Company or such Loan Party any Subsidiary or for any a substantial part of the property of any thereof and is not discharged within 60 days; or any bankruptcy, reorganization, debt arrangement, or other case or proceeding under any bankruptcy or insolvency law, or any dissolution or liquidation proceeding (except the voluntary dissolution, not under any bankruptcy or insolvency law, of a Subsidiary Guarantorother than a Title Insurance Subsidiary), is commenced in respect of the Company or any other Loan PartySubsidiary, and if such case or proceeding is not commenced by the Company or any other Loan Partysuch Subsidiary, an order for relief is entered therein, or such case or proceeding it is consented to or acquiesced in by the Company or such other Loan Party Subsidiary or remains for 60 days undismissed; or the Company or any other Loan Party Subsidiary takes any corporate action to authorize, or in furtherance of, any of the foregoing.

Appears in 3 contracts

Samples: Revolving Loan and Credit Agreement (Chicago Title Corp), Revolving Loan and Credit Agreement (Chicago Title Corp), Credit Agreement (Chicago Title Corp)

Bankruptcy, Insolvency, etc. The Company Parent or any other Loan Party Subsidiary becomes ---------------------------- insolvent or generally fails to pay, or admits in writing its general inability or refusal to pay, debts as they become due; or the Company Parent or any other Loan Party Subsidiary applies for, consents to, or acquiesces in the appointment of a trustee, receiver or other custodian for the Company Parent or such Subsidiary or any other Loan Party or any substantial part of the property thereof, or makes a general assignment for the benefit of creditors; or, in the absence of such application, consent or acquiescence, a trustee, receiver or other custodian is appointed for the Company Parent or such Loan Party any Subsidiary or for any a substantial part of the property of any thereof and is not discharged within 60 days; or any bankruptcy, reorganization, debt arrangement, or other case or proceeding under any bankruptcy or insolvency law, or any dissolution or liquidation proceeding (except the voluntary dissolution, not under any bankruptcy or insolvency law, of a any Subsidiary Guarantorof the Company), is commenced in respect of the Company Parent or any other Loan PartySubsidiary, and if such case or proceeding is not commenced by the Company Parent or any other Loan Partysuch Subsidiary, an order for relief is entered thereinentered, or such case or proceeding it is consented to or acquiesced in by the Company Parent or such other Loan Party Subsidiary, or remains for 60 days undismissed; or the Company Parent or any other Loan Party Subsidiary takes any corporate action to authorize, or in furtherance of, any of the foregoing.

Appears in 2 contracts

Samples: Quarterly Report, Term Loan Agreement (United Rentals North America Inc)

Bankruptcy, Insolvency, etc. The Company or any other Loan Party Subsidiary ---------------------------- becomes insolvent or generally fails to pay, or admits in writing its general inability or refusal to pay, debts as they become due; or the Company or any other Loan Party Subsidiary applies for, consents to, or acquiesces in the appointment of a trustee, receiver or other custodian for the Company or any other Loan Party such Subsidiary or any substantial part of the property thereof, or makes a general assignment for the benefit of creditors; or, in the absence of such application, consent or acquiescence, a trustee, receiver or other custodian is appointed for the Company or such Loan Party any Subsidiary or for any a substantial part of the property of any thereof and is not discharged within 60 days; or any bankruptcy, reorganization, debt arrangement, or other case or proceeding under any bankruptcy or insolvency law, or any dissolution or liquidation proceeding (except the voluntary dissolution, not under any bankruptcy or insolvency law, of a Subsidiary GuarantorSubsidiary), is commenced in respect of the Company or any other Loan PartySubsidiary, and if such case or proceeding is not commenced by the Company or any other Loan Partysuch Subsidiary, an order for relief is entered therein, or such case or proceeding it is consented to or acquiesced in by the Company or such other Loan Party Subsidiary, or remains for 60 days undismissed; or the Company or any other Loan Party Subsidiary takes any corporate action to authorize, or in furtherance of, any of the foregoing.

Appears in 2 contracts

Samples: Credit Agreement (United Rentals Inc), Credit Agreement (United Rentals Inc)

Bankruptcy, Insolvency, etc. The Company or any other Loan Party Subsidiary becomes ---------------------------- insolvent or generally fails to pay, or admits in writing its general inability or refusal to pay, debts as they become due; or the Company or any other Loan Party Subsidiary applies for, consents to, or acquiesces in the appointment of a trustee, receiver or other custodian for the Company or any other Loan Party such Subsidiary or any substantial part of the property thereof, or makes a general assignment for the benefit of creditors; or, in the absence of such application, consent or acquiescence, a trustee, receiver or other custodian is appointed for the Company or such Loan Party any Subsidiary or for any a substantial part of the property of any thereof and is not discharged within 60 days; or any bankruptcy, reorganization, debt arrangement, or other case or proceeding under any bankruptcy or insolvency law, or any dissolution or liquidation proceeding (except the voluntary dissolution, not under any bankruptcy or insolvency law, of a Subsidiary GuarantorSubsidiary), is commenced in respect of the Company or any other Loan PartySubsidiary, and if such case or proceeding is not commenced by the Company or any other Loan Partysuch Subsidiary, an order for relief is entered therein, or such case or proceeding it is consented to or acquiesced in by the Company or such other Loan Party Subsidiary, or remains for 60 days undismissed; or the Company or any other Loan Party Subsidiary takes any corporate action to authorize, or in furtherance of, any of the foregoing.

Appears in 2 contracts

Samples: Credit Agreement (United Road Services Inc), Credit Agreement (United Road Services Inc)

Bankruptcy, Insolvency, etc. The Company or any Subsidiary (other Loan Party than an Unrestricted Subsidiary) becomes insolvent or generally fails to pay, or admits in writing its general inability or refusal to pay, debts as they become due; or the Company or any Subsidiary (other Loan Party than an Unrestricted Subsidiary) applies for, consents to, or acquiesces in the appointment of a trustee, receiver or other custodian for the Company or any other Loan Party such Subsidiary or any substantial part of the property thereof, or makes a general assignment for the benefit of creditors; or, in the absence of such application, consent or acquiescence, a trustee, receiver or other custodian is appointed for the Company or such Loan Party Subsidiary or for any a substantial part of the property of any thereof and is not discharged within 60 days; or any bankruptcy, reorganization, debt arrangement, or other case or proceeding under any bankruptcy or insolvency law, or any dissolution or liquidation proceeding (except the voluntary dissolution, not under any bankruptcy or insolvency law, of a Subsidiary Guarantor)proceeding, is commenced in respect of the Company or any Subsidiary (other Loan Partythan an Unrestricted Subsidiary), and if such case or proceeding is not commenced by the Company or any other Loan Partysuch Subsidiary, an order for relief is entered therein, or such case or proceeding it is consented to or acquiesced in by the Company or such other Loan Party Subsidiary, or remains for 60 days undismissed; or the Company or any Subsidiary (other Loan Party than an Unrestricted Subsidiary) takes any corporate action to authorize, or in furtherance of, any of the foregoing.

Appears in 2 contracts

Samples: Credit Agreement (Carmax Inc), Credit Agreement (Carmax Inc)

Bankruptcy, Insolvency, etc. The Company or any other Loan Party Subsidiary becomes insolvent or generally fails to pay, or admits in writing its general inability or refusal to pay, debts as they become due; or the Company or any other Loan Party Subsidiary applies for, consents to, or acquiesces in the appointment of a trustee, receiver or other custodian for the Company or any other Loan Party such Subsidiary or any substantial part of the property thereof, or makes a general assignment for the benefit of creditors; or, in the absence of such application, consent or acquiescence, a trustee, receiver or other custodian is appointed for the Company or such Loan Party any Subsidiary or for any a substantial part of the property of any thereof and is not C\251418.0000000000 16509377 discharged within 60 days; or any bankruptcy, reorganization, debt arrangement, or other case or proceeding under any bankruptcy or insolvency law, or any dissolution or liquidation proceeding proceeding, is commenced in respect of the Company or any Subsidiary (except the other than a voluntary dissolution, not under any bankruptcy or insolvency law, of a Subsidiary Guarantoran immaterial Subsidiary), is commenced in respect of the Company or any other Loan Party, and if such case or proceeding is not commenced by the Company or any other Loan Partysuch Subsidiary, an order for relief is entered therein, or such case or proceeding it is consented to or acquiesced in by the Company or such other Loan Party Subsidiary, or remains for 60 30 days undismissed; or the Company or any other Loan Party Subsidiary takes any corporate action to authorize, or in furtherance of, any of the foregoing.

Appears in 1 contract

Samples: Credit Agreement (Penske Automotive Group, Inc.)

Bankruptcy, Insolvency, etc. The Company or any other Loan Party Subsidiary becomes insolvent or generally fails to pay, or admits in writing its general inability or refusal to pay, debts as they become due; or the Company or any other Loan Party Subsidiary applies for, consents to, or acquiesces in the appointment of a trustee, receiver or other custodian for the Company or any other Loan Party such Subsidiary or any substantial part of the property thereof, or makes a general assignment for the benefit of creditors; or, in the absence of such application, consent or acquiescence, a trustee, receiver or other custodian is appointed for the Company or such Loan Party any Subsidiary or for any a substantial part of the property of any thereof and is not discharged within 60 days; or any bankruptcy, reorganization, debt arrangement, or other case or proceeding (including any Insolvency Proceeding) under any bankruptcy or insolvency law, or any dissolution or liquidation proceeding (except the voluntary dissolution, not under any bankruptcy or insolvency law, of a any Subsidiary Guarantorother than VUCI), is commenced in respect of the Company or any other Loan PartySubsidiary, and if such case or proceeding is not commenced by the Company or any other Loan Partysuch Subsidiary, an order for relief is entered therein, or such case or proceeding it is consented to or acquiesced in by the Company or such other Loan Party Subsidiary, or remains for 60 days undismissed; or the Company or any other Loan Party Subsidiary takes any corporate action to authorize, or in furtherance of, any of the foregoing.

Appears in 1 contract

Samples: Credit Agreement (Video Update Inc)

Bankruptcy, Insolvency, etc. The Company Parent or any other Loan Party Subsidiary becomes insolvent or generally fails to pay, or admits in writing its general inability or refusal to pay, debts as they become due; or the Company Parent or any other Loan Party Subsidiary applies for, consents to, or acquiesces in the appointment of a trustee, receiver or other custodian for the Company Parent or such Subsidiary or any other Loan Party or any substantial part of the property thereof, or makes a general assignment for the benefit of creditors; or, in the absence of such application, consent or acquiescence, a trustee, receiver or other custodian is appointed for the Company Parent or such Loan Party any Subsidiary or for any a substantial part of the property of any thereof and is not discharged within 60 days; or any bankruptcy, reorganization, debt arrangement, or other case or proceeding under any bankruptcy or insolvency law, or any dissolution or liquidation proceeding (except the voluntary dissolution, not under any bankruptcy or insolvency law, of a any Subsidiary Guarantorof the Company), is commenced in respect of the Company Parent or any other Loan PartySubsidiary, and if such case or proceeding is not commenced by the Company Parent or any other Loan Partysuch Subsidiary, an order for relief is entered thereinentered, or such case or proceeding it is consented to or acquiesced in by the Company Parent or such other Loan Party Subsidiary, or remains for 60 days undismissed; or the Company Parent or any other Loan Party Subsidiary takes any corporate action to authorize, or in furtherance of, any of the foregoing.

Appears in 1 contract

Samples: Term Loan Agreement (United Rentals Inc /De)

Bankruptcy, Insolvency, etc. The Company or any other Loan Party Subsidiary becomes insolvent or generally fails to pay, or admits -50- 52 in writing its general inability or refusal to pay, debts as they become due; or the Company or any other Loan Party Subsidiary applies for, consents to, to or acquiesces in the appointment of a trustee, receiver or other custodian for the Company or any other Loan Party such Subsidiary or any substantial part of the property thereof, or makes a general assignment for the benefit of creditors; or, in the absence of such application, consent or acquiescence, a trustee, receiver or other custodian is appointed for the Company or such Loan Party any Subsidiary or for any a substantial part of the property of any thereof and is not discharged within 60 days; or any bankruptcy, reorganization, debt arrangement, or other case or proceeding under any bankruptcy or insolvency law, or any dissolution or liquidation proceeding (except the voluntary dissolution, not under any bankruptcy or insolvency law, of a Subsidiary GuarantorSubsidiary), is commenced in respect of the Company or any other Loan PartySubsidiary, and if such case or proceeding is not commenced by the Company or any other Loan Partysuch Subsidiary, an order for relief is entered therein, or such case or proceeding it is consented to or acquiesced in by the Company or such other Loan Party Subsidiary, or remains for 60 days undismissed; or the Company or any other Loan Party Subsidiary takes any corporate action to authorize, or in furtherance of, any of the foregoing.

Appears in 1 contract

Samples: Credit Agreement (Weston Roy F Inc)

Bankruptcy, Insolvency, etc. The Company or any other Loan Party Subsidiary becomes insolvent or generally fails to pay, or admits in writing its general inability or refusal to pay, debts as they become due; or the Company or any other Loan Party Subsidiary applies for, consents to, or acquiesces in the appointment of a trustee, receiver or other custodian for the Company or any other Loan Party such Subsidiary or any substantial part of the property thereof, or makes a general assignment for the benefit of creditors; or, or in the absence of such application, consent or acquiescence, a trustee, receiver or other custodian is appointed for the Company or such Loan Party any Subsidiary or for any a substantial part of the property of any thereof and is not discharged within 60 30 days; or any bankruptcy, reorganization, debt arrangement, or other case or proceeding under any bankruptcy or insolvency law, or any dissolution or liquidation proceeding (except the voluntary dissolution, not under any bankruptcy or insolvency law, of a Subsidiary GuarantorSubsidiary), is commenced in respect of the Company or any other Loan PartySubsidiary, and if such case or proceeding is not commenced by the Company or any other Loan Partysuch Subsidiary, an order for relief is entered therein, or such case or proceeding it is consented to or acquiesced in by the Company or such other Loan Party Subsidiary or remains for 60 30 days undismissed; or the Company or any other Loan Party Subsidiary takes any corporate action to authorize, or in furtherance of, any of the foregoing.

Appears in 1 contract

Samples: Credit Agreement (Woodhead Industries Inc)

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Bankruptcy, Insolvency, etc. The Company or any other Loan Party Restricted Subsidiary becomes insolvent or generally fails to pay, or admits in writing its general inability or refusal to pay, debts as they become due; or the Company or any other Loan Party Restricted Subsidiary applies for, consents to, or acquiesces in the appointment of a trustee, receiver or other custodian for the Company or any other Loan Party such Restricted Subsidiary or any substantial part of the property thereof, or makes a general assignment for the benefit of creditors; or, in the absence of such application, consent or acquiescence, a trustee, receiver or other custodian is appointed for the Company or such Loan Party any Restricted Subsidiary or for any a substantial part of the property of any thereof and is not discharged within 60 days; or any bankruptcy, reorganization, debt arrangement, or other case or proceeding under any bankruptcy or insolvency law, or any dissolution or liquidation proceeding (except the voluntary dissolution, not under any bankruptcy or insolvency law, of a any Restricted Subsidiary Guarantorother than Heico Holding), is commenced in respect of the Company or any other Loan PartyRestricted Subsidiary, and if such case or proceeding is not commenced by the Company or any other Loan Partysuch Restricted Subsidiary, an order for relief is entered therein, or such case or proceeding it is consented to or acquiesced in by the Company or such other Loan Party Restricted Subsidiary, or remains for 60 days undismissed; or the Company or any other Loan Party Restricted Subsidiary takes any corporate action to authorize, or in furtherance of, any of the foregoing.

Appears in 1 contract

Samples: Credit Agreement (Heisley Michael E Et Al)

Bankruptcy, Insolvency, etc. The Company Parent or any other Loan Party Subsidiary becomes --------------------------- insolvent or generally fails to pay, or admits in writing its general inability or refusal to pay, debts as they become due; or the Company Parent or any other Loan Party Subsidiary applies for, consents to, or acquiesces in the appointment of a trustee, receiver or other custodian for the Company Parent or such Subsidiary or any other Loan Party or any substantial part of the property thereof, or makes a general assignment for the benefit of creditors; or, in the absence of such application, consent or acquiescence, a trustee, receiver or other custodian is appointed for the Company Parent or such Loan Party any Subsidiary or for any a substantial part of the property of any thereof and is not discharged within 60 days; or any bankruptcy, reorganization, debt arrangement, or other case or proceeding under any bankruptcy or insolvency law, or any dissolution or liquidation proceeding (except the voluntary dissolution, not under any bankruptcy or insolvency law, of a any Subsidiary Guarantorof the Company), is commenced in respect of the Company Parent or any other Loan PartySubsidiary, and if such case or proceeding is not commenced by the Company or any other Loan Party, an order for relief is entered therein, Parent or such case or proceeding Subsidiary, it is consented to or acquiesced in by the Company Parent or such other Loan Party Subsidiary, or remains for 60 days undismissed; or the Company Parent or any other Loan Party Subsidiary takes any corporate action to authorize, or in furtherance of, any of the foregoing.

Appears in 1 contract

Samples: Term Loan Agreement (United Rentals Inc)

Bankruptcy, Insolvency, etc. The Company Parent or any other Loan Party Subsidiary becomes ---------------------------- insolvent or generally fails to pay, or admits in writing its general inability or refusal to pay, debts as they become due; or the Company Parent or any other Loan Party Subsidiary applies for, consents to, or acquiesces in the appointment of a trustee, receiver or other custodian for the Company Parent or such Subsidiary or any other Loan Party or any substantial part of the property thereof, or makes a general assignment for the benefit of creditors; or, in the absence of such application, consent or acquiescence, a trustee, receiver or other custodian is appointed for the Company Parent or such Loan Party any Subsidiary or for any a substantial part of the property of any thereof and is not discharged within 60 days; or any bankruptcy, reorganization, debt arrangement, or other case or proceeding under any bankruptcy or insolvency law, or any dissolution or liquidation proceeding (except the voluntary dissolution, not under any bankruptcy or insolvency law, of a any Subsidiary Guarantorother than the Company or UR Canada), is commenced in respect of the Company Parent or any other Loan PartySubsidiary, and if such case or proceeding is not commenced by the Company Parent or any other Loan Partysuch Subsidiary, an order for relief is entered thereinentered, or such case or proceeding it is consented to or acquiesced in by the Company Parent or such other Loan Party Subsidiary, or it remains for 60 days undismissed; or the Company Parent or any other Loan Party Subsidiary takes any corporate action to authorize, or in furtherance of, any of the foregoing.

Appears in 1 contract

Samples: Credit Agreement (United Rentals North America Inc)

Bankruptcy, Insolvency, etc. The Company Borrower or any other Loan Party Material Subsidiary becomes insolvent or generally fails to pay, or admits in writing its general inability or refusal to pay, debts as they become due; or the Company Borrower or any other Loan Party Subsidiary applies for, consents to, or acquiesces in the appointment of a trustee, receiver or other custodian for the Company Borrower or such Material Subsidiary or any other Loan Party or any substantial part of the property thereof, or makes a general assignment for the benefit of creditors; or, in the absence of such application, consent or acquiescence, a trustee, receiver or other custodian is appointed for the Company Borrower or such Loan Party any Material Subsidiary or for any a substantial part of the property thereof and is not discharged within 60 daysof any thereof; or any bankruptcy, reorganization, debt arrangement, or other case or proceeding under any bankruptcy or insolvency law, or any dissolution or liquidation proceeding (except the voluntary dissolution, not under any bankruptcy or insolvency law, of a Subsidiary GuarantorMaterial Subsidiary), is commenced in respect of the Company Borrower or any other Loan PartyMaterial Subsidiary, and if such case or proceeding is not commenced by the Company or any other Loan Party, an order for relief is entered therein, Borrower or such case or proceeding Material Subsidiary, it is consented to or acquiesced in by the Company Borrower or such other Loan Party Material Subsidiary, or remains for 60 days undismissed; or the Company Borrower or any other Loan Party Material Subsidiary takes any corporate action to authorize, or in furtherance of, any of the foregoing.

Appears in 1 contract

Samples: Credit Agreement (Input Output Inc)

Bankruptcy, Insolvency, etc. The Company or any other Loan Party Subsidiary becomes insolvent insolvent; the Company or any Subsidiary generally fails to pay, or admits in writing its general inability or refusal to pay, debts as they become due; or the Company or any other Loan Party Subsidiary applies for, consents to, or acquiesces in the appointment of a trustee, receiver or other custodian for the Company or any other Loan Party such Subsidiary or any substantial part of the property thereof, or makes a general assignment for the benefit of creditors; or, in the absence of such application, consent or acquiescence, a trustee, receiver or other custodian is appointed for the Company or such Loan Party any Subsidiary or for any a substantial part of the property of any thereof and is not discharged within 60 days; or any bankruptcy, reorganization, debt arrangement, or other case or proceeding under any bankruptcy or insolvency law, or any dissolution or liquidation proceeding (except the voluntary dissolution, not under any bankruptcy or insolvency law, of a Subsidiary GuarantorSubsidiary), is commenced in respect of the Company or any other Loan PartySubsidiary, and if such case or proceeding is not commenced by the Company or any other Loan Partysuch Subsidiary, an order for relief is entered therein, or such case or proceeding it is consented to or acquiesced in by the Company or such other Loan Party Subsidiary, or remains for 60 days undismissed; or the Company or any other Loan Party Subsidiary takes any corporate action to authorize, or in furtherance of, any of the foregoing.

Appears in 1 contract

Samples: Credit Agreement (Strategic Distribution Inc)

Bankruptcy, Insolvency, etc. The Company or any other Loan Party Subsidiary becomes insolvent or generally fails to pay, or admits in writing its general inability or refusal to pay, debts as they become due; or the Company or any other Loan Party Subsidiary applies for, consents to, or acquiesces in the appointment of a trustee, receiver or other custodian for the Company or any other Loan Party such Subsidiary or any substantial part of the property thereof, or makes a general assignment for the benefit of creditors; or, in the absence of such application, consent or acquiescence, a trustee, receiver or other custodian is appointed for the Company or such Loan Party any Subsidiary or for any a substantial part of the property of any thereof and is not discharged within 60 days; or any bankruptcy, reorganization, debt arrangement, or other case or proceeding under any bankruptcy or insolvency law, or any dissolution or liquidation proceeding (except the voluntary dissolution, not under any bankruptcy or insolvency law, of a Subsidiary Guarantorother than Illinois Power), is commenced in respect of the Company or any other Loan PartySubsidiary, and if such case or proceeding is not commenced by the Company or any other Loan Partysuch Subsidiary, an order for relief is entered therein, or such case or proceeding it is consented to or acquiesced in by the Company or such other Loan Party Subsidiary, or remains for 60 days undismissed; or the Company or any other Loan Party Subsidiary takes any corporate or partnership action to authorize, or in furtherance of, any of the foregoing.

Appears in 1 contract

Samples: Credit Agreement (Illinova Corp)

Bankruptcy, Insolvency, etc. The Company or any other Loan Party Subsidiary becomes insolvent or generally fails to pay, or admits in writing its general inability or refusal to pay, debts as they become due; or the Company or any other Loan Party Subsidiary applies for, consents to, or acquiesces in the appointment of a trustee, receiver or other custodian for the Company or any other Loan Party such Subsidiary or any substantial part of the property thereof, or makes a general assignment for the benefit of creditors; or, in the absence of such application, consent or acquiescence, a trustee, receiver or other custodian is appointed for the Company or such Loan Party any Subsidiary or for any a substantial part of the property of any thereof and is not discharged within 60 days; or any bankruptcy, reorganization, debt arrangement, or other case or proceeding under any bankruptcy or insolvency law, or any dissolution or liquidation proceeding (except other than voluntary dissolutions of Subsidiaries that are not Material Subsidiaries and with the voluntary dissolution, understanding that transactions permitted by Section 10.10 shall not constitute an Event of Default under any bankruptcy or insolvency law, of a Subsidiary Guarantorthis Section 12.1.4), is commenced in respect of the Company or any other Loan PartySubsidiary, and if such case or proceeding is not commenced by the Company or any other Loan Partysuch Subsidiary, an order for relief is entered therein, or such case or proceeding it is consented to or acquiesced in by the Company or such other Loan Party Subsidiary, or remains for 60 30 days undismissed; or the Company or any other Loan Party Subsidiary takes any corporate action to authorize, or in furtherance of, any of the foregoing.

Appears in 1 contract

Samples: Credit Agreement (Tokheim Corp)

Bankruptcy, Insolvency, etc. The Company or any other Loan Party Subsidiary becomes --------------------------- insolvent or generally fails to pay, or admits in writing its general inability or refusal to pay, debts as they become due; or the Company or any other Loan Party Subsidiary applies for, consents to, or acquiesces in the appointment of a trustee, receiver or other custodian for the Company or any other Loan Party such Subsidiary or any substantial part of the property thereof, or makes a general assignment for the benefit of creditors; or, in the absence of such application, consent or acquiescence, a trustee, receiver or other custodian is appointed for the Company or such Loan Party any Subsidiary or for any a substantial part of the property of any thereof and is not discharged within 60 30 days; or any bankruptcy, reorganization, debt arrangement, or other case or proceeding under any bankruptcy or insolvency law, or any dissolution or liquidation proceeding (except the voluntary dissolution, not under any bankruptcy or insolvency law, of a Subsidiary GuarantorSubsidiary), is commenced in respect of the Company or any other Loan PartySubsidiary, and if such case or proceeding is not commenced by the Company or any other Loan Partysuch Subsidiary, an order for relief is entered therein, or such case or proceeding it is consented to or acquiesced in by the Company or such other Loan Party Subsidiary, or remains for 60 30 days undismissed; or the Company or any other Loan Party Subsidiary takes any corporate action to authorize, or in furtherance of, any of the foregoing.

Appears in 1 contract

Samples: Credit Agreement (Elgin National Industries Inc)

Bankruptcy, Insolvency, etc. The Company Parent or any other Loan Party Subsidiary becomes --------------------------- insolvent or generally fails to pay, or admits in writing its general inability or refusal to pay, debts as they become due; or the Company Parent or any other Loan Party Subsidiary applies for, consents to, or acquiesces in the appointment of a trustee, receiver or other custodian for the Company Parent or such Subsidiary or any other Loan Party or any substantial part of the property thereof, or makes a general assignment for the benefit of creditors; or, in the absence of such application, consent or acquiescence, a trustee, receiver or other custodian is appointed for the Company Parent or such Loan Party any Subsidiary or for any a substantial part of the property of any thereof and is not discharged within 60 days; days or any bankruptcy, reorganization, debt arrangement, or other case or proceeding under any bankruptcy or insolvency law, or any dissolution or liquidation proceeding (except the voluntary dissolution, not under any bankruptcy or insolvency law, of a any Subsidiary Guarantorother than the Company or UR Canada), is commenced in respect of the Company Parent or any other Loan PartySubsidiary, and if such case or proceeding is not commenced by the Company or any other Loan Party, an order for relief is entered therein, Parent or such case or proceeding Subsidiary, it is consented to or acquiesced in by the Company Parent or such other Loan Party Subsidiary, or remains for 60 days undismissed; or the Company Parent or any other Loan Party Subsidiary takes any corporate action to authorize, or in furtherance of, any of the foregoing.

Appears in 1 contract

Samples: Credit Agreement (United Rentals Inc)

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