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.

Appears in 9 contracts

Samples: Loan Agreement (Cedar Realty Trust, Inc.), Loan Agreement (Cedar Realty Trust, Inc.), Loan Agreement (Cedar Realty Trust, Inc.)

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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

Appears in 4 contracts

Samples: Loan Agreement (Cedar Shopping Centers Inc), Loan Agreement (Cedar Shopping Centers Inc), Loan Agreement (Cedar Shopping Centers Inc)

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.

Appears in 3 contracts

Samples: Term Loan Agreement (Hines Real Estate Investment Trust Inc), Credit Agreement (Hines Real Estate Investment Trust Inc), Term Loan Agreement (Hines Real Estate Investment Trust Inc)

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.

Appears in 3 contracts

Samples: Assignment and Assumption (Cedar Realty Trust, Inc.), Loan Agreement (Cedar Shopping Centers Inc), Loan Agreement (Cedar Shopping Centers Inc)

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

Appears in 3 contracts

Samples: Loan Agreement (First Union Real Estate Equity & Mortgage Investments), Loan Agreement (Newkirk Master Lp), Loan Agreement (Winthrop Realty Trust)

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

Appears in 2 contracts

Samples: Loan Agreement (Westwood Group Inc), Senior Loan Agreement (NNN 2002 Value Fund LLC)

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

Appears in 2 contracts

Samples: Loan Agreement (First Union Real Estate Equity & Mortgage Investments), Operating Agreement (First Union Real Estate Equity & Mortgage Investments)

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

Appears in 2 contracts

Samples: Loan Agreement (STW Resources Holding Corp.), Loan Agreement (STW Resources Holding Corp.)

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

Appears in 2 contracts

Samples: Loan Agreement (Worksport LTD), Loan Agreement (Unitil Corp)

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

Appears in 1 contract

Samples: Loan and Security Agreement (DVL Inc /De/)

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

Appears in 1 contract

Samples: Loan Agreement (Newkirk Master Lp)

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 material adverse change in its financial condition since the date of this Agreement; or

Appears in 1 contract

Samples: Construction Loan Agreement (American Retirement Corp)

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

Appears in 1 contract

Samples: Master Loan Agreement (Newkirk Realty Trust, Inc.)

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

Appears in 1 contract

Samples: Loan Agreement (Kramont Realty Trust)

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

Appears in 1 contract

Samples: Loan Agreement (STAG Industrial, Inc.)

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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

Appears in 1 contract

Samples: Revolving Credit Agreement (TNP Strategic Retail Trust, Inc.)

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

Appears in 1 contract

Samples: Loan Agreement (Clarion Partners Property Trust Inc.)

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

Appears in 1 contract

Samples: Credit Agreement (Inland Real Estate Corp)

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.

Appears in 1 contract

Samples: Revolving Credit Agreement (Mid America Apartment Communities Inc)

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 or against any portion of a Borrowing Base Property which is not discharged or dissolved by a bond within sixty (60) days.this Revolving Credit Agreement; or

Appears in 1 contract

Samples: Revolving Credit Agreement (Tanger Factory Outlet Centers Inc)

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

Appears in 1 contract

Samples: Term Loan Agreement (Emeritus Corp\wa\)

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

Appears in 1 contract

Samples: Credit Agreement (Inland Real Estate Corp)

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

Appears in 1 contract

Samples: Master Loan Agreement (Newkirk Realty Trust, Inc.)

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

Appears in 1 contract

Samples: Commercial Real Estate Mortgage Loan Agreement (Procaccianti Hotel Reit, Inc.)

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