Bankruptcy with respect to Seller. No Act of Bankruptcy has occurred with respect to Seller. As used herein, “Act of Bankruptcy” shall mean if Seller shall (i) apply for or consent to the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (ii) admit in writing its inability to pay its debts as they become due, (iii) make a general assignment for the benefit of its creditors, (iv) file a voluntary petition or commence a voluntary case or proceeding under the Federal Bankruptcy Code (as now or hereafter in effect), (v) be adjudicated bankrupt or insolvent, (vi) file a petition seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, receivership, dissolution, winding-up or composition or adjustment of debts, (vii) fail to controvert in a timely and appropriate manner, or acquiesce in writing to, any petition filed against it in an involuntary case or proceeding under the Federal Bankruptcy Code (as now or hereafter in effect), or (viii) take any entity action for the purpose of effecting any of the foregoing.
Appears in 5 contracts
Samples: Membership Interest Purchase Agreement, Membership Interest Purchase Agreement (Extra Space Storage Inc.), Membership Interest Purchase Agreement (Extra Space Storage Inc.)
Bankruptcy with respect to Seller. No Act of Bankruptcy has occurred with respect to Sellerthe Sellers. As used herein, “Act of Bankruptcy” shall mean if Seller a party hereto or any shareholder or director thereof shall (iA) apply for or consent to the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (iiB) admit in writing its inability to pay its debts as they become due, (iiiC) make a general assignment for the benefit of its creditors, (ivD) file a voluntary petition or commence a voluntary case or proceeding under the Federal Bankruptcy Code (as now or hereafter in effect), (vE) be adjudicated bankrupt or insolvent, (viF) file a petition seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, receivership, dissolution, winding-up or composition or adjustment of debts, (viiG) fail to controvert in a timely and appropriate manner, or acquiesce in writing to, any petition filed against it in an involuntary case or proceeding under the Federal Bankruptcy Code (as now or hereafter in effect), or (viiiH) take any entity action for the purpose of effecting any of the foregoing.
Appears in 2 contracts
Samples: Contribution Agreement (MHI Hospitality CORP), Contribution Agreement (MHI Hospitality CORP)
Bankruptcy with respect to Seller. No Act of Bankruptcy has occurred with respect to Seller. As used herein, “Act of Bankruptcy” shall mean means if Seller or any equity holder, partner, manager or director thereof shall (iA) apply for or consent to the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (iiB) admit in writing its inability to pay its debts as they become due, (iiiC) make a general assignment for the benefit of its creditors, (ivD) file a voluntary petition or commence a voluntary case or proceeding under the Federal Bankruptcy Code (as now or hereafter in effect), (vE) be adjudicated bankrupt or insolvent, (viF) file a petition seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, receivership, dissolution, winding-up or composition or adjustment of debts, (viiG) fail to controvert in a timely and appropriate manner, or acquiesce in writing to, any petition filed against it in an involuntary case or proceeding under the Federal Bankruptcy Code (as now or hereafter in effect), ) or (viiiH) take any entity action for the purpose of effecting any of the foregoing.
Appears in 2 contracts
Samples: Membership Interest Purchase and Sale Agreement (Alpine Income Property Trust, Inc.), Purchase and Sale Agreement (Alpine Income Property Trust, Inc.)