Common use of Bankruptcy/Insolvency/Reorganization/Moratorium Clause in Contracts

Bankruptcy/Insolvency/Reorganization/Moratorium. During the past five years, (1) no court has entered a decree or order for (A) relief in respect of it in an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, (B) appointment of a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official for it or for all or substantially all of its property and assets or (C) the winding up or liquidation of its affairs and, if so, in each case, such decree or order is stayed and no longer in effect; and (2) it has not been insolvent and has not (A) commenced a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consented to the entry of an order for relief in an involuntary case under any such law, (B) consented to the appointment of or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official for it or for all or substantially all of its property and assets or (C) effected any general assignment for the benefit of its creditors. Such Selling Shareholder is not currently undergoing a reorganization of capital or shareholding nor is there a moratorium on the disposal of its respective portion of Common Stock and Warrants; except, in the case of subclause (1), for violations, breaches and defaults that, individually and in the aggregate, would not materially impair the ability of such Selling Shareholder to perform its obligations hereunder.

Bankruptcy/Insolvency/Reorganization/Moratorium. During the past five years, (1) no court has entered a decree or order for (A) relief in respect of it in an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, (B) appointment of a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official for it or for all or substantially all of its property and assets or (C) the winding up or liquidation of its affairs and, if so, in each case, such decree or order is stayed and no longer in effect; and (2) it has not been insolvent and has not (A) commenced a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consented to the entry of an order for relief in an involuntary case under any such law, (B) consented to the appointment of or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official for it or for all or substantially all of its property and assets or (C) effected any general assignment for the benefit of its creditors. Such Selling Shareholder The Purchaser is not currently undergoing a reorganization of capital or shareholding nor is there a moratorium on the disposal of its respective portion of Common Stock and Warrantsshareholding; except, in the case of subclause (1), for violations, breaches and defaults that, individually and in the aggregate, would not materially impair the ability of such Selling Shareholder the Purchaser to perform its obligations hereunder.

Bankruptcy/Insolvency/Reorganization/Moratorium. During the past five years, (1) no court has entered a decree or order for (A) relief in respect of it in an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, (B) appointment of a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official for it or for all or substantially all of its property and assets or (C) the winding up or liquidation of its affairs and, if so, in each case, such decree or order is stayed and no longer in effect; and (2) it has not been insolvent and has not (A) commenced a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consented to the entry of an order for relief in an involuntary case under any such law, (B) consented to the appointment of or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official for it or for all or substantially all of its property and assets or (C) effected any general assignment for the benefit of its creditors. Such Selling Shareholder The Purchaser is not currently undergoing a reorganization of capital or shareholding nor is there a moratorium on the disposal of its respective portion of Common Stock and Warrantsshareholding; except, in the case of subclause (1), for violations, breaches and defaults that, individually and in the aggregate, would not materially impair the ability of such Selling Shareholder the Purchaser to perform its obligations hereunder.. Table of Contents