Common use of Financial Status and Insolvency Clause in Contracts

Financial Status and Insolvency. Any Loan Party shall: (i) admit in writing its inability to pay its debts generally as they become due; (ii) file a petition in bankruptcy or a petition to take advantage of any insolvency act; (iii) make an assignment for the benefit of creditors; (iv) consent to, or acquiesce in, the appointment of a receiver, liquidator or trustee of itself or of the whole or any substantial part of its properties or assets; (v) file a petition or answer seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the Federal Bankruptcy laws or any other applicable Law; (vi) have a court of competent jurisdiction enter an order, judgment or decree appointing a receiver, liquidator or trustee of a Loan Party, or of the whole or any substantial part of the property or assets of a Loan Party, and such order, judgment or decree shall remain unvacated or not set aside or unstayed for ninety (90) days; (vii) have a petition filed against it seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the Federal Bankruptcy laws or any other applicable Law and such petition shall remain undismissed for ninety (90) days; (viii) have, under the provisions of any other Law for the relief or aid of debtors, any court of competent jurisdiction assume custody or control of a Loan Party or of the whole or any substantial part of its property or assets and such custody or control shall remain unterminated or unstayed for ninety (90) days; or (ix) have an attachment or execution levied against any substantial portion of the property of a Loan Party or against any portion of a Borrowing Base Property which is not discharged or dissolved by a bond within sixty (60) days.

Financial Status and Insolvency. Any Loan Party A. Borrower shall: (i) admit in writing its inability to pay its debts generally as they become due; (ii) file a petition in bankruptcy or a petition to take advantage of any insolvency act; (iii) make an assignment for the benefit of creditors; (iv) consent to, or acquiesce in, the appointment of a receiver, liquidator or trustee of itself or of the whole or any substantial part of its properties or assets; (v) file a petition or answer seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the Federal Bankruptcy laws or any other applicable Lawlaw; (vi) have a court of competent jurisdiction enter an order, judgment or decree appointing a receiver, liquidator or trustee of a Loan PartyBorrower, or of the whole or any substantial part of the property or assets of a Loan PartyBorrower, and such order, judgment or decree shall remain unvacated or not set aside or unstayed for ninety (90) days; (vii) have a petition filed against it seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the Federal Bankruptcy laws or any other applicable Law law and such petition shall remain undismissed for ninety (90) days; (viii) have, under the provisions of any other Law law for the relief or aid of debtors, any court of competent jurisdiction assume custody or control of a Loan Party Borrower or of the whole or any substantial part of its property or assets and such custody or control shall remain unterminated or unstayed for ninety (90) days; or (ix) have an attachment or execution levied against any substantial portion of the property of a Loan Party Borrower or against any portion of a Borrowing Base Property the Collateral which is not discharged or dissolved by a bond within sixty (60) days.; or B. any such event set forth in subsection A above shall occur with respect to any Loan Party;

Financial Status and Insolvency. Any Loan Party (a) the Borrower shall: (i) admit in writing its inability to pay its debts generally as they become due; (ii) file a petition in bankruptcy or a petition to take advantage of any insolvency act; (iii) make an assignment for the benefit of creditors; (iv) consent to, or acquiesce in, the appointment of a receiver, liquidator or trustee of itself or of the whole or any substantial part of its properties or assets; (v) file a petition or answer seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the Federal Bankruptcy laws or any other applicable Lawlaw; (vi) have a court of competent jurisdiction enter an order, judgment or decree appointing a receiver, liquidator or trustee of a Loan Partythe Borrower, or of the whole or any substantial part of the property or assets of a Loan Partythe Borrower, and such order, judgment or decree shall remain unvacated or not set aside or unstayed for ninety sixty (9060) days; (vii) have a petition filed against it seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the Federal Bankruptcy laws or any other applicable Law law and such petition shall remain undismissed for ninety sixty (9060) days; (viii) have, under the provisions of any other Law law for the relief or aid of debtors, any court of competent jurisdiction assume custody or control of a Loan Party the Borrower or of the whole or any substantial part of its property or assets and such custody or control shall remain unterminated or unstayed for ninety sixty (9060) days; or (ix) have an attachment or execution levied against any substantial portion of the property of a Loan Party the Borrower or against any substantial portion of a Borrowing Base Property the Collateral which is not discharged or dissolved by a bond within sixty thirty (6030) days; or (b) any such event set forth in subsection (i) above shall occur with respect to any other Loan Party, unless such event does not result in a breach of the Financial Covenants or a required payment under Section 2.5.1(a).

Financial Status and Insolvency. Any Loan Party shall: (i) admit in writing its inability to pay its debts generally as they become due; (ii) file a petition in bankruptcy or a petition to take advantage of any insolvency act; (iii) make an assignment for the benefit of creditors; (iv) consent to, or acquiesce in, the appointment of a receiver, liquidator or trustee of itself or of the whole or any substantial part of its properties or assets; (v) file a petition or answer seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the Federal Bankruptcy laws or any other applicable Law; (vi) have a court of competent jurisdiction enter an order, judgment or decree appointing a receiver, liquidator or trustee of a Loan Party, or of the whole or any substantial part of the property or assets of a Loan Party, and such order, judgment or decree shall remain unvacated or not set aside or unstayed for ninety (90) days; (vii) have a petition filed against it seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the Federal Bankruptcy laws or any other applicable Law and such petition shall remain undismissed for ninety (90) days; (viii) have, under the provisions of any other Law for the relief or aid of debtors, any court of competent jurisdiction assume custody or control of a Loan Party or of the whole or any substantial part of its property or assets and such custody or control shall remain unterminated or unstayed for ninety (90) days; or (ix) have an attachment or execution levied against any substantial portion of the property of a Loan Party or against any portion of a Borrowing Base Property the Collateral which is not discharged or dissolved by a bond within sixty (60) days.

Financial Status and Insolvency. Any Loan Party (A) Borrower shall: (i) admit in writing its inability to pay its debts generally as they become due; (ii) file a petition in bankruptcy or a petition to take advantage of any insolvency act; (iii) make an assignment for the benefit of creditors; (iv) consent to, or acquiesce in, the appointment of a receiver, liquidator or trustee of itself or of the whole or any substantial part of its properties or assets; (v) file a petition or answer seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the Federal Bankruptcy laws or any other applicable Lawlaw; (vi) have a court of competent jurisdiction enter an order, judgment or decree appointing a receiver, liquidator or trustee of a Loan PartyBorrower, or of the whole or any substantial part of the property or assets of a Loan PartyBorrower, and such order, judgment or decree shall remain unvacated or not set aside or unstayed for ninety one hundred twenty (90120) days; (vii) have a petition filed against it seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the Federal Bankruptcy laws or any other applicable Law law and such petition shall remain undismissed for ninety one hundred twenty (90120) days; or (viii) have, under the provisions of any other Law law for the relief or aid of debtors, any court of competent jurisdiction assume custody or control of a Loan Party Borrower or of the whole or any substantial part of its property or assets and such custody or control shall remain unterminated or unstayed for ninety one hundred twenty (90120) days; or (ixB) have an attachment or execution levied against any substantial portion such event shall occur with respect to the General Partner of the property of a Loan Party or against any portion of a Borrowing Base Property which is not discharged or dissolved by a bond within sixty (60) daysBorrower.

Financial Status and Insolvency. Any Loan Party (a) the Borrower shall: (i) admit in writing its inability to pay its debts generally as they become due; (ii) file a petition in bankruptcy or a petition to take advantage of any insolvency act; (iii) make an assignment for the benefit of creditors; (iv) consent to, or acquiesce in, the appointment of a receiver, liquidator or trustee of itself or of the whole or any substantial part of its properties or assets; (v) file a petition or answer seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the Federal Bankruptcy laws or any other applicable Lawlaw; (vi) have a court of competent jurisdiction enter an order, judgment or decree appointing a receiver, liquidator or trustee of a Loan Partythe Borrower, or of the whole or any substantial part of the property or assets of a Loan Partythe Borrower, and such order, judgment or decree shall remain unvacated or not set aside or unstayed for ninety sixty (9060) days; (vii) have a petition filed against it seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the Federal Bankruptcy laws or any other applicable Law law and such petition shall remain undismissed for ninety sixty (9060) days; (viii) have, under the provisions of any other Law law for the relief or aid of debtors, any court of competent jurisdiction assume custody or control of a Loan Party the Borrower or of the whole or any substantial part of its respective property or assets and such custody or control shall remain unterminated or unstayed for ninety sixty (9060) days; or (ix) have an attachment or execution levied against any substantial portion of the property of a Loan Party the Borrower or against any substantial portion of a Borrowing Base Property the Collateral which is not discharged or dissolved by a bond within sixty thirty (6030) days; or (b) any such event set forth in subsection (i) above shall occur with respect to any Subsidiary of the Borrower, including the Property Owner.

Financial Status and Insolvency. Any Loan Party Borrower shall: (i) admit in writing its inability to pay its debts generally as they become due; (ii) file a petition in bankruptcy or a petition to take advantage of any insolvency act; (iii) make an assignment for the benefit of creditors; (iv) consent to, or acquiesce in, the appointment of a receiver, liquidator or trustee of itself or of the whole or any substantial part of its properties or assets; (v) file a petition or answer seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the Federal Bankruptcy laws or any other applicable Lawlaw; (vi) have a court of competent jurisdiction enter an order, judgment or decree appointing a receiver, liquidator or trustee of a Loan PartyBorrower, or of the whole or any substantial part of the property or assets of a Loan PartyBorrower, and such order, judgment or decree shall remain unvacated or not set aside or unstayed for ninety sixty (9060) days; (vii) have a petition filed against it seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the Federal Bankruptcy laws or any other applicable Law law and such petition shall remain undismissed for ninety sixty (9060) days; (viii) have, under the provisions of any other Law law for the relief or aid of debtors, any court of competent jurisdiction assume custody or control of a Loan Party Borrower or of the whole or any substantial part of its property or assets and such custody or control shall remain unterminated or unstayed for ninety sixty (9060) days; or (ix) have an attachment or execution levied against any substantial portion the Property or other material asset(s) of the property of a Loan Party or against any portion of a Borrowing Base Property Borrower which is not discharged or dissolved by payment or a bond within sixty thirty (6030) days.; or (x) have any materially adverse change in its financial condition which Lender reasonably determines will have a material adverse effect on its ability to perform its obligations under the Loan Documents to which it is a party on a timely basis; or

Financial Status and Insolvency. Any Loan Party Borrower shall: (i) admit in writing its inability to pay its debts generally as they become due; (ii) file a petition in bankruptcy or a petition to take advantage of any insolvency act; (iii) make an assignment for the benefit of creditors; (iv) consent to, or acquiesce in, the appointment of a receiver, liquidator or trustee of itself or of the whole or any substantial part of its properties or assets; (v) file a petition or answer seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the Federal Bankruptcy laws or any other applicable Lawlaw; (vi) have a court of competent jurisdiction enter an order, judgment or decree appointing a receiver, liquidator or trustee of a Loan PartyBorrower, or of the whole or any substantial part of the property or assets of a Loan PartyBorrower, and such order, judgment or decree shall remain unvacated or not set aside or unstayed for ninety sixty (9060) days; (vii) have a petition filed against it seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the Federal Bankruptcy laws or any other applicable Law law and such petition shall remain undismissed for ninety sixty (9060) days; (viii) have, under the provisions of any other Law law for the relief or aid of debtors, any court of competent jurisdiction assume custody or control of a Loan Party Borrower or of the whole or any substantial part of its property or assets and such custody or control shall remain unterminated or unstayed for ninety sixty (9060) days; or (ix) have an attachment or execution levied against any substantial portion of the property of a Loan Party Borrower or against any portion of a Borrowing Base Property the Collateral which is not discharged or dissolved by a bond within sixty thirty (6030) days.; or (x) have any material adverse change in its financial condition since the date of this Agreement; or

Financial Status and Insolvency. Any Loan Party (a) Borrower shall: (i) admit in writing its inability to pay its debts generally as they become due; (ii) file a petition in bankruptcy or a petition to take advantage of any insolvency act; (iii) make an assignment for the benefit of creditors; (iv) consent to, or acquiesce in, the appointment of a receiver, liquidator or trustee of itself or of the whole or any substantial part of its properties or assets; (v) file a petition or answer seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the Federal Bankruptcy laws or any other applicable Lawlaw; (vi) have a court of competent jurisdiction enter an order, judgment or decree appointing a receiver, liquidator or trustee of a Loan PartyBorrower, or of the whole or any substantial part of the property or assets of a Loan PartyBorrower, and such order, judgment or decree shall remain unvacated or not set aside or unstayed for ninety sixty (9060) days; (vii) have a petition filed against it seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the Federal Bankruptcy laws or any other applicable Law law and such petition shall remain undismissed for ninety sixty (9060) days; (viii) have, under the provisions of any other Law law for the relief or aid of debtors, any court of competent jurisdiction assume custody or control of a Loan Party Borrower or of the whole or any substantial part of its property or assets and such custody or control shall remain unterminated or unstayed for ninety sixty (9060) days; or (ix) have an attachment or execution levied against any substantial portion of the property of a Loan Party Borrower or against any portion of a Borrowing Base Property the Collateral which is not discharged or dissolved by a bond within sixty thirty (6030) days; or (b) Any such event set forth in (a) above shall occur with respect to Guarantor.

Financial Status and Insolvency. Any Loan Party A. Borrower shall: (i) admit in writing its inability to pay its debts generally as they become due; (ii) file a petition in bankruptcy or a petition to take advantage of any insolvency act; (iii) make an assignment for the benefit of creditors; (iv) consent to, or acquiesce in, the appointment of a receiver, liquidator or trustee of itself or of the whole or any substantial part of its properties or assets; (v) file a petition or answer seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the Federal Bankruptcy laws or any other applicable Lawlaw; (vi) have a court of competent jurisdiction enter an order, judgment or decree appointing a receiver, liquidator or trustee of a Loan PartyBorrower, or of the whole or any substantial part of the property or assets of a Loan PartyBorrower, and such order, judgment or decree shall remain unvacated or not set aside or unstayed for ninety fifteen (9015) days; (vii) have a petition filed against it seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the Federal Bankruptcy laws or any other applicable Law law and such petition shall remain undismissed for ninety fifteen (9015) days; (viii) have, under the provisions of any other Law law for the relief or aid of debtors, any court of competent jurisdiction assume custody or control of a Loan Party Borrower or of the whole or any substantial part of its property or assets and such custody or control shall remain unterminated or unstayed for ninety fifteen (9015) days; or (ix) have an attachment or execution levied against any substantial portion of the property of a Loan Party Borrower or against any portion of a Borrowing Base Property the Collateral which is not discharged or dissolved by a bond within sixty fifteen (6015) days.; or (x) cease any material portion of its business operations as presently conducted; or B. any such event described in (A.) shall occur with respect to any Guarantor or any owner of Borrower; or

Financial Status and Insolvency. Any Loan Party A. Borrower shall: (i) admit in writing its inability to pay its debts generally as they become due; (ii) file a petition in bankruptcy or a petition to take advantage of any insolvency act; (iii) make an assignment for the benefit of creditors; (iv) consent to, or acquiesce in, the appointment of a receiver, liquidator or trustee of itself or of the whole or any substantial part of its properties or assets; (v) file a petition or answer seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the Federal Bankruptcy laws or any other applicable Lawlaw; (vi) have a court of competent jurisdiction enter an order, judgment or decree appointing a receiver, liquidator or trustee of a Loan PartyBorrower, or of the whole or any substantial part of the property or assets of a Loan PartyBorrower, and such order, judgment or decree shall remain unvacated or not set aside or unstayed for ninety fifteen (9015) days; (vii) have a petition filed against it seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the Federal Bankruptcy laws or any other applicable Law law and such petition shall remain undismissed for ninety fifteen (9015) days; (viii) have, under the provisions of any other Law law for the relief or aid of debtors, any court of competent jurisdiction assume custody or control of a Loan Party Borrower or of the whole or any substantial part of its property or assets and such custody or control shall remain unterminated or unstayed for ninety fifteen (9015) days; or (ix) have an attachment or execution levied against any substantial portion of the property of a Loan Party Borrower or against any portion of a Borrowing Base Property the Collateral which is not discharged or dissolved by a bond within sixty fifteen (6015) days; or (x) cease any material portion of its business operations as presently conducted; or B. any such event occurs with respect to a space tenant occupying more than 25,000 rentable square feet (“Major Tenant”), or if the lease of a Major Tenant is terminated for default, or if the lease of a Major Tenant is rejected or terminated in any bankruptcy or reorganization proceedings and, in any of such instances, Borrower shall not have obtained a replacement tenant or tenants, having a financial condition not less favorable than the original tenant at the time the lease was approved or deemed approved, pursuant to an executed lease or leases acceptable to Lender as provided in Section 9.17. within three (3) months after notice from Lender or rejection or termination in bankruptcy or reorganization proceedings, as the case may be.

Financial Status and Insolvency. Any Loan Party The Borrower shall: (i) admit in writing its inability to pay its debts generally as they become due; (ii) file a petition in bankruptcy or a petition to take advantage of any insolvency act; (iii) make an assignment for the benefit of creditors; (iv) consent to, or acquiesce in, the appointment of a receiver, liquidator or trustee of itself or of the whole or any substantial part of its properties or assets; (v) file a petition or answer seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the Federal Bankruptcy laws or any other applicable Lawlaw; (vi) have a court of competent jurisdiction enter an order, judgment or decree appointing a receiver, liquidator or trustee of a Loan Partythe Borrower, or of the whole or any substantial part of the property or assets of a Loan Partythe Borrower, and such order, judgment or decree shall remain unvacated or not set aside or unstayed for ninety sixty (9060) days; (vii) have a petition filed against it seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the Federal Bankruptcy laws or any other applicable Law law and such petition shall remain undismissed for ninety sixty (9060) days; (viii) have, under the provisions of any other Law law for the relief or aid of debtors, any court of competent jurisdiction assume custody or control of a Loan Party the Borrower or of the whole or any substantial part of its property or assets and such custody or control shall remain unterminated or unstayed for ninety sixty (9060) days; or (ix) have an attachment or execution levied against any substantial portion of the property of a Loan Party the Borrower or against any substantial portion of a Borrowing Base Property the Shares which is not discharged or dissolved by a bond within sixty (60) days.; or

Financial Status and Insolvency. Any Loan Party A. Borrower shall: (i) admit in writing its inability to pay its debts generally as they become due; (ii) file a petition in bankruptcy or a petition to take advantage of any insolvency act; (iii) make an assignment for the benefit of creditors; (iv) consent to, or acquiesce in, the appointment of a receiver, liquidator or trustee of itself or of the whole or any substantial part of its properties or assets; (v) file a petition or answer seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the Federal Bankruptcy laws or any other applicable Lawlaw; (vi) have a court of competent jurisdiction enter an order, judgment or decree appointing a receiver, liquidator or trustee of a Loan PartyBorrower, or of the whole or any substantial part of the property or assets of a Loan PartyBorrower, and such order, judgment or decree shall remain unvacated or not set aside or unstayed for ninety sixty (9060) days; (vii) have a petition filed against it seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the Federal Bankruptcy laws or any other applicable Law law and such petition shall remain undismissed for ninety sixty (9060) days; (viii) have, under the provisions of any other Law law for the relief or aid of debtors, any court of competent jurisdiction assume custody or control of a Loan Party Borrower or of the whole or any substantial part of its property or assets and such custody or control shall remain unterminated or unstayed for ninety sixty (9060) days; or (ix) have an attachment or execution levied against any substantial portion of the property of a Loan Party Borrower or against any portion of a Borrowing Base Property the Collateral which is not discharged or dissolved by a bond within sixty thirty (6030) days.; or B. any such event set forth in subsection A above shall occur with respect to any Loan Party;

Financial Status and Insolvency. Any Loan Party A. Borrower shall: (i) admit in writing its inability to pay its debts generally as they become duebecome; (ii) file a petition in bankruptcy or a petition to take advantage of any insolvency act; (iii) make an assignment for the benefit of creditors; (iv) consent to, or acquiesce in, the appointment of a receiver, liquidator or trustee of itself or of the whole or any substantial part of its properties or assets; (v) file a petition or answer seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the Federal Bankruptcy laws or any other applicable Lawlaw; (vi) have a court of competent jurisdiction enter an order, judgment or decree appointing a receiver, liquidator or trustee of a Loan PartyBorrower, or of the whole or any substantial part of the property or assets of a Loan PartyBorrower, and such order, judgment or decree shall remain unvacated or not set aside or unstayed for ninety (90) days; (vii) have a petition filed against it seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the Federal Bankruptcy laws or any other applicable Law law and such petition shall remain undismissed for ninety (90) days; (viii) have, under the provisions of any other Law law for the relief or aid of debtors, any court of competent jurisdiction assume custody or control of a Loan Party Borrower or of the whole or any substantial part of its property or assets and such custody or control shall remain unterminated or unstayed for ninety (90) days; or (ix) have an attachment or execution levied against any substantial portion of the property Property of a Loan Party Borrower or against any portion of a Borrowing Base Property the Collateral which is not discharged or dissolved by a bond within sixty thirty (6030) days; or (x) have any Material Adverse Change in Borrower; however, for purposes of this clause (x) there will not deemed to be any Material Adverse Change if (a) Borrower is in compliance with all applicable financial covenants hereunder, or (b) if the alleged change is not an ongoing and continuous adverse change, or (c) Borrower has then, or within ninety (90) days after being notified of such Material Adverse Change by Lxxxxx, made such arrangements or taken such measures as will in the good faith determination of Lxxxxx commence to eliminate such change; or B. any such event shall occur with respect to Guarantor.

Financial Status and Insolvency. Any Loan Party A. Borrower shall: (i) admit in writing its inability to pay its debts generally as they become due; (ii) file a petition in bankruptcy or a petition to take advantage of any insolvency act; (iii) make an assignment for the benefit of creditors; (iv) consent to, or acquiesce in, the appointment of a receiver, liquidator or trustee of itself or of the whole or any substantial part of its properties or assets; (v) file a petition or answer seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the Federal Bankruptcy laws or any other applicable Lawlaw; (vi) have a court of competent jurisdiction enter an order, judgment or decree appointing a receiver, liquidator or trustee of a Loan PartyBorrower, or of the whole or any substantial part of the property or assets of a Loan PartyBorrower, and such order, judgment or decree shall remain unvacated or not set aside or unstayed for ninety (90) days; (vii) have a petition filed against it seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the Federal Bankruptcy laws or any other applicable Law law and such petition shall remain undismissed for ninety (90) days; (viii) have, under the provisions of any other Law law for the relief or aid of debtors, any court of competent jurisdiction assume custody or control of a Loan Party or of the whole or any substantial part of its property or assets and such custody or control shall remain unterminated or unstayed for ninety (90) days; or (ix) have an attachment or execution levied against any substantial portion of the property of a Loan Party or against any portion of a Borrowing Base Property which is not discharged or dissolved by a bond within sixty (60) days.31

Financial Status and Insolvency. Any Loan Party A. Borrower shall: (i) admit in writing its inability to pay its debts generally as they become due; (ii) file a petition in bankruptcy or a petition to take advantage of any insolvency act; (iii) make an assignment for the benefit of creditors; (iv) consent tolo, or acquiesce in, the appointment of a receiver, liquidator or trustee of itself or of the whole or any substantial part of its properties or assetsInvestments; (v) file a petition or answer seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the Federal Bankruptcy laws or any other applicable Lawlaw; (vi) have a court of competent jurisdiction enter an order, judgment or decree appointing a receiver, liquidator or trustee of a Loan PartyBorrower, or of the whole or any substantial part of the property or assets of a Loan PartyBorrower, and such order, judgment or decree shall remain unvacated or not set aside or unstayed for ninety sixty (9060) days; (vii) have a petition filed against it seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the Federal Bankruptcy laws or any other applicable Law law and such petition shall remain undismissed for ninety sixty (9060) days; (viii) have, under the (he provisions of any other Law law for the relief or aid of debtors, any court of competent jurisdiction assume custody or control of a Loan Party Borrower or of the whole or any substantial part of its property or assets and such custody or control shall remain unterminated or unstayed for ninety sixty (9060) days; or (ix) have an attachment or execution levied against any substantial portion of the property of a Loan Party or against any portion of a Borrowing Base Property Collateral which is not discharged or dissolved by a bond within sixty thirty (6030) days.; or (x) have any materially adverse change in its financial condition since the xxxx of this Agreement; or B. any such event shall occur with respect to Guarantor or any other Pledgor; or

Financial Status and Insolvency. Any Loan Party (i) NMLP shall: (i) admit in writing its inability to pay its debts generally as they become due; (ii) file a petition in bankruptcy or a petition to take advantage of any insolvency act; (iii) make an assignment for the benefit of creditors; (iv) consent to, or acquiesce in, the appointment of a receiver, liquidator or trustee of itself or of the whole or any substantial part of its properties or assets; (v) file a petition or answer seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the Federal Bankruptcy laws or any other applicable Lawlaw; (vi) have a court of competent jurisdiction enter an order, judgment or decree appointing a receiver, liquidator or trustee of a Loan PartyNMLP, or of the whole or any substantial part of the property or assets of a Loan PartyNMLP, and such order, judgment or decree shall remain unvacated or not set aside or unstayed for ninety sixty (9060) days; (vii) have a petition filed against it seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the Federal Bankruptcy laws or any other applicable Law law and such petition shall remain undismissed for ninety sixty (9060) days; (viii) have, under the provisions of any other Law law for the relief or aid of debtors, any court of competent jurisdiction assume custody or control of a Loan Party NMLP or of the whole or any substantial part of its property or assets and such custody or control shall remain unterminated or unstayed for ninety sixty (9060) days; or (ix) have an attachment or execution levied against any substantial portion of the property of a Loan Party NMLP or against any substantial portion of a Borrowing Base Property the NMLP Collateral which is not discharged or dissolved by a bond within sixty thirty (6030) days.; or (ii) any such event set forth in subsection (i) above shall occur with respect to (i) a NMLP Partnership only if the Subsidiary Bankruptcy Test has been triggered, (ii) any Xxxxxxx Indemnitor, or (iii) any NMLP Subsidiary other than a Net Lease Partnership;

Financial Status and Insolvency. Any Loan Party A. Borrower shall: (i) admit in writing its inability to pay its debts generally as they become due; (ii) file a petition in bankruptcy or a petition to take advantage of any insolvency act; (iii) make an assignment for the benefit of creditors; (iv) consent to, or acquiesce in, the appointment of a receiver, liquidator or trustee of itself or of the whole or any substantial part of its properties or assets; (v) file a petition or answer seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the Federal Bankruptcy laws or any other applicable Lawlaw; (vi) have a court of competent jurisdiction enter an order, judgment or decree appointing a receiver, liquidator or trustee of a Loan PartyBorrower, or of the whole or any substantial part of the property or assets of a Loan PartyBorrower, and such order, judgment or decree shall remain unvacated or not set aside or unstayed for ninety sixty (9060) days; (vii) have a petition filed against it seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the Federal Bankruptcy laws or any other applicable Law law and such petition shall remain undismissed for ninety sixty (9060) days; (viii) have, under the provisions of any other Law law for the relief or aid of debtors, any court of competent jurisdiction assume custody or control of a Loan Party Borrower or of the whole or any substantial part of its property or assets and such custody or control shall remain unterminated or unstayed for ninety sixty (9060) days; or (ix) have an attachment or execution levied against any substantial portion of the property real estate owned by Borrower; or (x) have any materially adverse change in its financial condition since the date of a Loan Party this Revolving Credit Agreement; or B. any such event as set forth in Section 9.1.3 or against any portion of a Borrowing Base Property which is not discharged or dissolved by a bond within sixty (60) daysSection 9.

Financial Status and Insolvency. Any Loan Party A. Borrower shall: (i) admit in writing its inability to pay its debts generally as they become due; (ii) file a petition in bankruptcy or a petition to take advantage of any insolvency act; (iii) make an assignment for the benefit of creditors; (iv) consent to, or acquiesce in, the appointment of a receiver, liquidator or trustee of itself or of the whole or any substantial part of its properties or assets; (v) file a petition or answer seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the Federal Bankruptcy laws or any other applicable Lawlaw; (vi) have a court of competent jurisdiction enter an order, judgment or decree appointing a receiver, liquidator or trustee of a Loan PartyBorrower, or of the whole or any substantial part of the property or assets of a Loan PartyBorrower, and such order, judgment or decree shall remain unvacated or not set aside or unstayed for ninety sixty (9060) days; (vii) have a petition filed against it seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the Federal Bankruptcy laws or any other applicable Law law and such petition shall remain undismissed for ninety sixty (9060) days; (viii) have, under the provisions of any other Law law for the relief or aid of debtors, any court of competent jurisdiction assume custody or control of a Loan Party Borrower or of the whole or any substantial part of its property or assets and such custody or control shall remain unterminated or unstayed for ninety sixty (9060) days; or (ix) have an attachment or execution levied against any substantial portion of the property of a Loan Party Borrower or against any portion of a Borrowing Base Property the Collateral which is not discharged or dissolved by a bond within sixty thirty (6030) days; or (x) have an uninsured judgment entered against it in the amount of $2,000,000 or more for Borrower which has not been stayed, discharged or satisfied within thirty (30) days after the date that judgment was entered against it; or B. any event listed in Section 11.1.3(A) of this Agreement shall occur with respect to any Guarantor or any Guarantor shall breach any of its covenants in Section 9.20 of this Agreement.

Financial Status and Insolvency. Any Loan Party A. Borrower shall: (i) admit in writing its inability to pay its debts generally as they become due; (ii) file a petition in bankruptcy or a petition to take advantage of any insolvency act; (iii) make an assignment for the benefit of creditors; (iv) consent to, or acquiesce in, the appointment of a receiver, liquidator or trustee of itself or of the whole or any substantial part of its properties or assets; (v) file a petition or answer seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the Federal Bankruptcy laws or any other applicable Lawlaw; (vi) have a court of competent jurisdiction enter an order, judgment or decree appointing a receiver, liquidator or trustee of a Loan PartyBorrower, or of the whole or any substantial part of the property or assets of a Loan PartyBorrower, and such order, judgment or decree shall remain unvacated or not set aside or unstayed for ninety sixty (9060) days; (vii) have a petition filed against it seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the Federal Bankruptcy laws or any other applicable Law law and such petition shall remain undismissed for ninety sixty (9060) days; (viii) have, under the provisions of any other Law law for the relief or aid of debtors, any court of competent jurisdiction assume custody or control of a Loan Party Borrower or of the whole or any substantial part of its property or assets and such custody or control shall remain unterminated or unstayed for ninety sixty (9060) days; or (ix) have an attachment or execution levied against any substantial portion of the property of a Loan Party Borrower or against any substantial portion of a Borrowing Base Property the Collateral which is not discharged or dissolved by a bond within sixty thirty (6030) days.; or B. any such event set forth in subsection A above shall occur with respect to (i) a Participating Limited Partnership only if the Subsidiary Bankruptcy Test has been triggered, (ii) any Newkirk Indemnitor, or (iii) any Borrower Subsidiary other than x Xxx Lease Partnership;

Financial Status and Insolvency. Any Loan Party (i) T-Two shall: (i) admit in writing its inability to pay its debts generally as they become due; (ii) file a petition in bankruptcy or a petition to take advantage of any insolvency act; (iii) make an assignment for the benefit of creditors; (iv) consent to, or acquiesce in, the appointment of a receiver, liquidator or trustee of itself or of the whole or any substantial part of its properties or assets; (v) file a petition or answer seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the Federal Bankruptcy laws or any other applicable Lawlaw; (vi) have a court of competent jurisdiction enter an order, judgment or decree appointing a receiver, liquidator or trustee of a Loan PartyT-Two, or of the whole or any substantial part of the property or assets of a Loan PartyT-Two, and such order, judgment or decree shall remain unvacated or not set aside or unstayed for ninety sixty (9060) days; (vii) have a petition filed against it seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the Federal Bankruptcy laws or any other applicable Law law and such petition shall remain undismissed for ninety sixty (9060) days; (viii) have, under the provisions of any other Law law for the relief or aid of debtors, any court of competent jurisdiction assume custody or control of a Loan Party T-Two or of the whole or any substantial part of its property or assets and such custody or control shall remain unterminated or unstayed for ninety sixty (9060) days; or (ix) have an attachment or execution levied against any substantial portion of the property of a Loan Party T-Two or against any substantial portion of a Borrowing Base Property the T-Two Collateral which is not discharged or dissolved by a bond within sixty thirty (6030) days.; or (ii) any such event set forth in subsection (i) above shall occur with respect to any T-Two Loan Party;

Financial Status and Insolvency. Any Loan Party A. Borrower shall: (i) admit in writing its inability to pay its debts generally as they become due; (ii) file a petition in bankruptcy or a petition to take advantage of any insolvency act; (iii) make an assignment for the benefit of creditors; (iv) consent to, or acquiesce in, the appointment of a receiver, liquidator or trustee of itself or of the whole or any substantial part of its properties or assets; (v) file a petition or answer seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the Federal Bankruptcy laws or any other applicable Lawlaw; (vi) have a court of competent jurisdiction enter an order, judgment or decree appointing a receiver, liquidator or trustee of a Loan PartyBorrower, or of the whole or any substantial part of the property or assets of a Loan PartyBorrower, and such order, judgment or decree shall remain unvacated or not set aside or unstayed for ninety sixty (9060) days; (vii) have a petition filed against it seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the Federal Bankruptcy laws or any other applicable Law law and such petition shall remain undismissed for ninety sixty (9060) days; (viii) have, under the provisions of any other Law law for the relief or aid of debtors, any court of competent jurisdiction assume custody or control of a Loan Party Borrower or of the whole or any substantial part of its property or assets and such custody or control shall remain unterminated or unstayed for ninety sixty (9060) days; or (ix) have an attachment or execution levied against any substantial portion of the property of a Loan Party Borrower or against any portion of a Borrowing Base Property the Collateral which is not discharged or dissolved by a bond within sixty thirty (6030) days; or (x) have any materially adverse change in its financial condition since the date of this Agreement; or B. any such event shall occur with respect to any Indemnitor; or C. any such event occurs with respect to a space tenant occupying more than 20,000 rentable square feet ("Major Tenant"), or if the lease of a Major Tenant is terminated for default, or if the lease of a Major Tenant is rejected or terminated in any bankruptcy or reorganization proceedings (and, in any of such instances, Borrower shall not have obtained a replacement tenant or tenants, having a financial condition not less favorable than the original tenant at the time the lease was approved or deemed approved, pursuant to an executed lease or leases acceptable to Administrative Agent and the Lenders as provided in Section 9.17 within three (3) months after notice from Administrative Agent or rejection or termination in bankruptcy or reorganization proceedings, as the case may be).

Financial Status and Insolvency. Any Loan Party shall: (i) admit in writing its inability to pay its debts generally as they become due; (ii) file a petition in bankruptcy or a petition to take advantage of any insolvency act; (iii) make an assignment for the benefit of creditors; (iv) consent to, or acquiesce in, the appointment of a receiver, liquidator or trustee of itself or of the whole or any substantial part of its properties or assets; (v) file a petition or answer seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the Federal Bankruptcy laws or any other applicable Law; (vi) have a court of competent jurisdiction enter an order, judgment or decree appointing a receiver, liquidator or trustee of a Loan Party, or of the whole or any substantial part of the property or assets of a Loan Party, and such order, judgment or decree shall remain unvacated or not set aside or unstayed for ninety sixty (9060) days; (vii) have a petition filed against it seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the Federal Bankruptcy laws or any other applicable Law and such petition shall remain undismissed for ninety sixty (9060) days; (viii) have, under the provisions of any other Law for the relief or aid of debtors, any court of competent jurisdiction assume custody or control of a Loan Party or of the whole or any substantial part of its property or assets and such custody or control shall remain unterminated or unstayed for ninety sixty (9060) days; or (ix) have an attachment or execution levied against any substantial material portion of the property of a Loan Party or against any portion of a Borrowing Base Property the Collateral which is not discharged or dissolved by a bond within sixty (60) days.

Financial Status and Insolvency. Any Loan Party A. Borrower shall: (i) admit in writing its inability to pay its debts generally as they become due; (ii) file a petition in bankruptcy or a petition to take advantage of any insolvency act; (iii) make an assignment for the benefit of creditors; (iv) consent to, or acquiesce in, the appointment of a receiver, liquidator or trustee of itself or of the whole or any substantial part of its properties or assetsInvestments; (v) file a petition or answer seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the Federal Bankruptcy laws or any other applicable Lawlaw; (vi) have a court of competent jurisdiction enter an order, judgment or decree appointing a receiver, liquidator or trustee of a Loan PartyBorrower, or of the whole or any substantial part of the property or assets of a Loan PartyBorrower, and such order, judgment or decree shall remain unvacated or not set aside or unstayed for ninety sixty (9060) days; (vii) have a petition filed against it seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the Federal Bankruptcy laws or any other applicable Law law and such petition shall remain undismissed for ninety sixty (9060) days; (viii) have, under the provisions of any other Law law for the relief or aid of debtors, any court of competent jurisdiction assume custody or control of a Loan Party Borrower or of the whole or any substantial part of its property or assets and such custody or control shall remain unterminated or unstayed for ninety sixty (9060) days; or (ix) have an attachment or execution levied against any substantial portion of the property of a Loan Party or against any portion of a Borrowing Base Property Collateral which is not discharged or dissolved by a bond within sixty thirty (6030) days.; or (x) have any materially adverse change in its financial condition since the date of this Agreement; or B. any such event shall occur with respect to Guarantor or any other Pledgor; or

Financial Status and Insolvency. Any Loan Party A. A Borrower shall: (i) admit in writing its inability to pay its debts generally as they become due; (ii) file a petition in bankruptcy or a petition to take advantage of any insolvency act; (iii) make an assignment for the benefit of creditors; (iv) consent to, or acquiesce in, the appointment of a receiver, liquidator or trustee of itself or of the whole or any substantial part of its properties or assets; (v) file a petition or answer seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the Federal Bankruptcy laws or any other applicable Lawlaw; (vi) have a court of competent jurisdiction enter an order, judgment or decree appointing a receiver, liquidator or trustee of a Loan PartyBorrower, or of the whole or any substantial part of the property or assets of a Loan PartyBorrower, and such order, judgment or decree shall remain unvacated or not set aside or unstayed for ninety one hundred twenty (90120) days; (vii) have a petition filed against it seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the Federal Bankruptcy laws or any other applicable Law law and such petition shall remain undismissed for ninety one hundred twenty (90120) days; (viii) have, under the provisions of any other Law law for the relief or aid of debtors, any court of competent jurisdiction assume custody or control of a Loan Party Borrower or of the whole or any substantial part of its property or assets and such custody or control shall remain unterminated or unstayed for ninety one hundred twenty (90120) days; or (ix) have an attachment or execution levied against any substantial portion of the property of a Loan Party Borrower or against any portion of a Borrowing Base Property the Collateral which is not discharged or dissolved by a bond within sixty thirty (6030) days; or B. any such event shall occur with respect to any Guarantor.