Common use of Bankruptcy or Insolvency of Borrower Clause in Contracts

Bankruptcy or Insolvency of Borrower. i) The filing by the Borrower, or any Subsidiary of Borrower, of a voluntary petition in bankruptcy for adjudication as a bankrupt or insolvent, or the filing by the Borrower, or any Subsidiary of Borrower, of any petition or answer seeking or acquiescing in any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief for itself under any present or future federal, state or other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors, or the Borrower’s, or any Subsidiary of Borrower, seeking or consenting to or acquiescence in the appointment of any trustee, receiver or liquidator of the Borrower or of all of the rents, revenues, issues, earnings, profits or income thereof, or the making of any general assignment for the benefit of creditors, or the admission in writing of its inability to pay its debts generally as they become due; or ii) The failure to discharge within sixty (60) days of filing a petition filed against the Borrower, or any Subsidiary of Borrower, seeking any reorganization, arrangement, composition, readjustment, liquidation or dissolution or similar relief under any present or future federal, state or other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors, or the appointment of any trustee, receiver or liquidator of the Borrower, or any Subsidiary of Borrower, or of all or any substantial part of the Premises or of any or all of the rents, revenues, issues, earnings, profits or income thereof without the consent or acquiescence of the Borrower, or any Subsidiary of Borrower, as applicable; or

Appears in 2 contracts

Samples: Revolving Loan Agreement, Revolving Loan Agreement (Superior Uniform Group Inc)

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Bankruptcy or Insolvency of Borrower. i) a. The filing by the Borrower, Borrower or any Subsidiary of Borrower, Guarantor of a voluntary petition in bankruptcy for adjudication as a bankrupt or insolvent, or the filing by the Borrower, Borrower or any Subsidiary of Borrower, Guarantor of any petition or answer seeking or acquiescing in any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief for itself under any present or future federal, state or other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors, or the Borrower’s, Borrower or any Subsidiary of Borrower, Guarantor seeking or consenting to or acquiescence acquiescing in the appointment of any trustee, receiver or liquidator of the Borrower or any Guarantor or of all or any substantial part of the Property or of any or all of the rents, revenues, issues, earnings, profits or income thereof, or the making of any general assignment for the benefit of creditors, or the written admission in writing by Borrower or any Guarantor of its inability to pay its debts generally as they become due; or ii) b. The failure to discharge within sixty (60) days filing of filing a petition filed against the Borrower, Borrower or any Subsidiary of Borrower, Guarantor seeking any reorganization, arrangement, composition, readjustment, liquidation or liquidation, dissolution or similar relief under any present or future federal, state or other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors, or the appointment of any trustee, receiver or liquidator of the Borrower, Borrower or any Subsidiary of Borrower, Guarantor or of all or any substantial part of the Premises Property or of any or all of the rents, revenues, issues, earnings, profits or income thereof without the Borrower's consent or acquiescence or the death of the Borrower, Borrower or any Subsidiary of Borrower, as applicableGuarantor or both; or

Appears in 1 contract

Samples: Construction Loan Agreement (Vacation Break Usa Inc)

Bankruptcy or Insolvency of Borrower. i) The filing by the Borrower, or any Subsidiary of Borrower, of a voluntary petition in bankruptcy for adjudication as a bankrupt or insolvent, or the filing by the Borrower, or any Subsidiary of Borrower, of any petition or answer seeking or acquiescing in any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief for itself under any present or future federal, state or other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors, or the Borrower’s, or any Subsidiary of Borrower, seeking or consenting to or acquiescence in the appointment of any trustee, receiver or liquidator of the Borrower or of all of the rents, revenues, issues, earnings, profits or income thereof, or the making of any general assignment for the benefit of creditors, or the admission in writing of its inability to pay its debts generally as they become due; or ii) or The failure to discharge within sixty (60) days of filing a petition filed against the Borrower, or any Subsidiary of Borrower, seeking any reorganization, arrangement, composition, readjustment, liquidation or dissolution or similar relief under any present or future federal, state or other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors, or the appointment of any trustee, receiver or liquidator of the Borrower, or any Subsidiary of Borrower, or of all or any substantial part of the Premises or of any or all of the rents, revenues, issues, earnings, profits or income thereof without the consent or acquiescence of the Borrower, or any Subsidiary of Borrower, as applicable; or

Appears in 1 contract

Samples: Revolving Loan Agreement (Superior Uniform Group Inc)

Bankruptcy or Insolvency of Borrower. i) The filing by the Borrower, or any Subsidiary of Borrower, Borrower of a voluntary petition in bankruptcy for adjudication as a bankrupt or insolvent, or the filing by the Borrower, or any Subsidiary of Borrower, Borrower of any petition or answer seeking or acquiescing in any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief for itself under any present or future federalFederal, state State or other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors, or the Borrower’s, or any Subsidiary of Borrower, 's seeking or consenting to or acquiescence in the appointment of any trustee, receiver or liquidator of the Borrower or of all of the rents, revenues, issues, earnings, profits or income thereof, or the making of any general assignment for the benefit of creditors, or the admission in writing of its inability to pay its debts generally as they become due; or ii) The failure to discharge within sixty (60) days of filing a petition filed against the Borrower, or any Subsidiary of Borrower, Borrower seeking any reorganization, arrangement, composition, readjustment, liquidation or dissolution or similar relief under any present or future federalFederal, state State or other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors, or the appointment of any trustee, receiver or liquidator of the Borrower, or any Subsidiary of Borrower, Borrower or of all or any substantial part of the Premises and/or the business assets contemplated for securing this transaction or of any or all of the rents, revenues, issues, earnings, profits or income thereof without the consent or acquiescence of the Borrower, or any Subsidiary of Borrower, Borrower as applicable; or

Appears in 1 contract

Samples: Loan Agreement (Starfighters Space, Inc.)

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Bankruptcy or Insolvency of Borrower. i) 8.5.1 The filing by the Borrower, any Borrower or any Subsidiary general partners of Borrower, any Borrower of a voluntary petition in bankruptcy for adjudication as a bankrupt or insolvent, or the filing by the Borrower, any Borrower or any Subsidiary general partner of Borrower, any Borrower of any petition or answer seeking or acquiescing in any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief for itself under any present or future federal, state or other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors, or the Borrower’s, any Borrower or any Subsidiary general partner of Borrower, any Borrower seeking or consenting to or acquiescence acquiescing in the appointment of any trustee, receiver or liquidator of the any Borrower or any general partner of any Borrower or of all or any substantial part of its properties or of any or all of the rents, revenues, issues, earnings, profits or income thereof, or the making of any general assignment for the benefit of creditors, or the specific written admission in writing by any Borrower or any general partner of any Borrower of its inability to pay its debts generally as they become due; or ii) 8.5.2 The failure to discharge within sixty (60) days filing of filing a an involuntary petition filed against the Borrower, any Borrower or any Subsidiary general partner of Borrower, any Borrower seeking any reorganization, arrangement, composition, readjustment, liquidation or liquidation, dissolution or similar relief under any present or future federal, state or other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors, or the appointment of any trustee, receiver or liquidator of the Borrower, any Borrower or any Subsidiary general partner of Borrower, any Borrower or of all or any substantial part of the Premises its property or of any or all of the rents, revenues, issues, earnings, profits or income thereof without the its consent or acquiescence acquiescence, which shall not be discharged by the appropriate court of law within sixty (60) days of the Borrowerabove-described filing or appointment; or 8.5.3 Any of the assets of any Borrower or, where applicable, any general partner of a Borrower shall be attached, levied upon or subjected to a writ or distress warrant, or come within the possession of any Subsidiary receiver, trustee, custodian or assignee for the benefit of Borrowercreditors, as applicable; orwhich shall not be discharged by the appropriate court of law within sixty (60) days.

Appears in 1 contract

Samples: Credit Agreement (Arvida JMB Partners L P)

Bankruptcy or Insolvency of Borrower. i(a) The filing by the Borrower, Borrower (or any Subsidiary of Borrower, Guarantor) of a voluntary petition in bankruptcy for adjudication as a bankrupt or insolvent, or the filing by the Borrower, Borrower (or any Subsidiary of Borrower, Guarantor) of any petition or answer seeking or acquiescing in any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief for itself under any present or future federal, state or other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors, or the Borrower’s, Borrower (or any Subsidiary of Borrower, Guarantor) seeking or consenting to or acquiescence acquiescing in the appointment of any trustee, receiver or liquidator of the Borrower (or any Guarantor) or of all or any substantial part of the Property or of any or all of the rents, revenues, issues, earnings, profits or income thereof, or the making of any general assignment for the benefit of creditors, or the written admission in writing by Borrower (or any Guarantor) of its inability to pay its debts generally as they become due; or ii(b) The failure to discharge filing of a petition, and the same not being dismissed within sixty seventy-five (6075) days of filing a petition filed from filing, against the Borrower, Borrower (or any Subsidiary of Borrower, Guarantor) seeking any reorganization, arrangement, composition, readjustment, liquidation or liquidation, dissolution or similar relief under any present or future federal, state or other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors, or the appointment of any trustee, receiver or liquidator of the Borrower, Borrower (or any Subsidiary of Borrower, Guarantor) or of all or any substantial part of the Premises Property or of any or all of the rents, revenues, issues, earnings, profits or income thereof without the Borrower’s (or any Guarantor) consent or acquiescence of the Borroweracquiescence, or the dissolution of Borrower or any Subsidiary of Borrower, as applicableGuarantor; or

Appears in 1 contract

Samples: Revolving Loan Agreement (Levitt Corp)

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