Common use of Bankruptcy or Insolvency Proceedings Clause in Contracts

Bankruptcy or Insolvency Proceedings. (i) The Company shall (A) appoint, apply for or consent to the appointment of a receiver, trustee, liquidator, custodian, assignee for the benefit of creditors or similar judicial officer or agent to take possession, custody, control or charge of or liquidate any of its property or assets, (B) commence any voluntary proceeding under any provision of Title 11 of the United States Code, as now or hereafter amended, or commence any other proceeding, under any law, now or hereafter in force, relating to bankruptcy, insolvency, reorganization, liquidation, or otherwise to the relief of debtors or the readjustment of indebtedness, or (C) make any assignment for the benefit of creditors or a composition or similar arrangement with such creditors; (ii) The commencement against the Company of any involuntary proceeding, or the consent by Company to any proceeding, of the kind described in Section D.1(c)(i) and such proceeding shall not have been dismissed within thirty (30) days; (iii) The Company is adjudicated bankrupt or insolvent or a petition for reorganization is granted; or (iv) The Company shall cause, or institute any proceeding for, or there shall occur, the dissolution of the Company.

Appears in 2 contracts

Samples: Convertible Promissory Note (IdentiPHI, Inc.), Convertible Unsecured Promissory Note (IdentiPHI, Inc.)

AutoNDA by SimpleDocs

Bankruptcy or Insolvency Proceedings. (i) The Company shall (A) appoint, apply for or consent to the appointment of a receiver, trustee, liquidator, custodian, assignee for the benefit of creditors or similar judicial officer or agent to take possession, custody, control or charge of or liquidate any of its property or assets, (B) commence any voluntary proceeding under any provision of Title 11 of the United States Code, as now or hereafter amended, or commence any other proceeding, under any law, now or hereafter in force, relating to bankruptcy, insolvency, reorganization, liquidation, or otherwise to the relief of debtors or the readjustment of indebtedness, or (C) make any assignment for the benefit of creditors or a composition or similar arrangement with such creditors; (ii) The commencement against the Company of any involuntary proceeding, or the consent by Company to any proceeding, of the kind described in Section D.1(c)(iC.1.(b)(i) and such proceeding shall not have been dismissed within thirty (30) days; (iii) The Company is adjudicated bankrupt or insolvent or a petition for reorganization is granted; or (iv) The Company shall cause, or institute any proceeding for, or there shall occur, the dissolution of the Company.

Appears in 1 contract

Samples: Unsecured Convertible Promissory Note (Saflink Corp)

Bankruptcy or Insolvency Proceedings. (i) The Company shall (A) appoint, apply for or consent to the appointment of a receiver, trustee, liquidator, custodian, assignee for the benefit of creditors or similar judicial officer or agent to take possession, custody, control or charge of or liquidate any of its property or assets, (B) commence any voluntary proceeding under any provision of Title 11 of the United States Code, as now or hereafter amended, or commence any other proceeding, under any law, now or hereafter in force, relating to bankruptcy, insolvency, reorganization, liquidation, or otherwise to the relief of debtors or the readjustment of indebtedness, or (C) make any assignment for the benefit of creditors or a composition or similar arrangement with such creditors; (ii) The commencement against the Company of any involuntary proceeding, or the consent by Company to any proceeding, of the kind described in Section D.1(c)(iF.1.(c)(i) and such proceeding shall not have been dismissed within thirty (30) days; (iii) The Company is adjudicated bankrupt or insolvent or a petition for reorganization is granted; or (iv) The Company shall cause, or institute any proceeding for, or there shall occur, the dissolution of the Company.

Appears in 1 contract

Samples: Convertible Secured Promissory Note (Innuity, Inc. /Ut/)

AutoNDA by SimpleDocs

Bankruptcy or Insolvency Proceedings. (i) The Company shall (A) appoint, apply for or consent to the appointment of a receiver, trustee, liquidator, custodian, assignee for the benefit of creditors or similar judicial officer or agent to take possession, custody, control or charge of or liquidate any of its property or assets, (B) commence any voluntary proceeding under any provision of Title 11 of the United States Code, as now or hereafter amended, or commence any other proceeding, under any law, now or hereafter in force, relating to bankruptcy, insolvency, reorganization, liquidation, or otherwise to the relief of debtors or the readjustment of indebtedness, or (C) make any assignment for the benefit of creditors or a composition or similar arrangement with such creditors; (ii) The commencement against the Company of any involuntary proceeding, or the consent by Company to any proceeding, of the kind described in Section D.1(c)(iD.1.(b)(i) and such proceeding shall not have been dismissed within thirty (30) days; (iii) The Company is adjudicated bankrupt or insolvent or a petition for reorganization is granted; or (iv) The Company shall cause, or institute any proceeding for, or there shall occur, the dissolution of the Company.

Appears in 1 contract

Samples: Convertible Promissory Note (Source Energy Corp /Ut/)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!