Company Bankruptcy. Notwithstanding anything herein to the contrary, in the event that a petition for adjudication of either Sutter or the Company (or any successor or assignee of either entxxx), as a voluntary or involuntary debtor shall be filed under the laws relating to bankruptcy and said petition is not dismissed within thirty (30) days of filing, then the restrictions and covenants of Sections 12 and 14 shall immediately be null and void.
Company Bankruptcy. (a) If the Company becomes insolvent, files for or becomes subject to bankruptcy or a similar proceeding in state or federal court, the Company will notify the Trustee in writing as soon as possible. The notification will include confirmation of the individual(s) who will direct the Trustee. If, within sixty (60) days of such filing the Company does not notify the Trustee, the Trustee may invoke the provisions of Section 10.06(c).
Company Bankruptcy. The Trustee agrees, and each Holder of the Notes by its acceptance of any note shall be deemed to agree, that it will not join in any proceeding to commence a case against the Company or a Seller under the Federal Bankruptcy Code or any other applicable bankruptcy, insolvency or similar federal or state law without the consent of the Holders of more than 66 2/3% of the aggregate Outstanding Note Balance of the Notes.
Company Bankruptcy. The Company files a voluntary petition for debt relief under any applicable bankruptcy, insolvency, debtor relief, or other similar law now or hereafter in effect, or consents to the appointment of or taking of possession by a receiver, liquidator, assignee (other than as a part of a transfer of equipment no longer useful to the Company or necessary for this Agreement), trustee (other than as security for an obligation under a deed of trust), custodian, sequestrator (or similar official) of the Company for a part of the Company’s operating assets or any substantial part of the Company’s property, or shall make any general assignment for the benefit of the Company’s creditors, or shall fail generally to pay the Company’s debts as they become due.
Company Bankruptcy. COMPANY and LICENSEE agree that in the event a proceeding is commenced by or against COMPANY under the United States Bankruptcy Code (the "Code"), Section 365(n) of the Code will be applicable to this Agreement, and LICENSEE may, pursuant to 11 U.S.C. Sections 365(n)(1) and (2), retain any and all of LICENSEE's rights hereunder and thereunder, to the maximum extent permitted by law, subject to the payments specified herein and the conditions specified therein.
Company Bankruptcy. If during the term of this Agreement, Company enters into bankruptcy proceedings as defined in paragraph 23.13 of the Agreement, Contractor may petition the appropriate judicial body to acquire Provided Equipment at a then negotiated Fair Market Value Purchase Price. If Contractor chooses not to petition to acquire Provided Equipment, Provided Equipment shall, at Company’s sole expense, be de-installed from Contractor’s facility, crated or otherwise prepared for shipment, and shipped to Company’s, or another otherwise designated facility. Company shall pay any customs fees necessary.
Company Bankruptcy. The Sponsor will not consent to, vote for, or otherwise cause or permit (or permit any of its Affiliates, to consent to, or vote for, or otherwise cause or permit) the Company voluntarily to take any action that would result in the voluntary bankruptcy of the Company.
