Common use of Holders May File Proofs of Claim Clause in Contracts

Holders May File Proofs of Claim. In case there shall be pending proceedings for the bankruptcy or for the reorganization of any obligor on the Senior Subordinated Securities (other than the Credit Union) under Title 11, United States Code, or any other applicable law, or in case a receiver, conservator or trustee shall have been appointed for the Credit Union or such other obligor (each, an “Obligor”) or a Significant Subsidiary, or in the case of any other similar judicial proceedings relative to an Obligor or a Significant Subsidiary, or to the creditors or property of an Obligor or a Significant Subsidiary, any Holder, irrespective of whether the principal of the Senior Subordinated Securities shall then be due and payable as therein expressed or by declaration or otherwise and irrespective of whether any such Holder shall have made any demand pursuant to the provisions of this Section 5.4, shall be entitled and empowered, by intervention in such proceedings or otherwise, to file and prove a claim or claims for the whole amount of principal and interest owing and unpaid in respect of the Senior Subordinated Securities held by any such Holder and, in case of any judicial proceedings, to file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of any such Holder allowed in such judicial proceedings relative to an Obligor or a Significant Subsidiary, or to the creditors or property of an Obligor, unless prohibited by applicable law and regulations, to vote in any election of a trustee or a standby trustee in arrangement, reorganization, liquidation or other bankruptcy or insolvency proceedings or person performing similar functions in comparable proceedings, and to collect and receive any moneys or other property payable or deliverable to any such Holder on any such claims.

Appears in 27 contracts

Samples: Securities Purchase Agreement, Securities Purchase Agreement, Securities Purchase Agreement

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Holders May File Proofs of Claim. In case there shall be pending proceedings for the bankruptcy or for the reorganization of the Company or any other obligor on the Senior Subordinated Securities (other than the Credit Union) Notes under Title 11Xxxxx 00, United States Xxxxxx Xxxxxx Code, or any other applicable law, or in case a receiver, conservator or trustee shall have been appointed for the Credit Union Company or a Major Depository Institution Subsidiary of the Company or such other obligor (each, an “Obligor”) or a Significant Subsidiaryobligor, or in the case of any other similar judicial proceedings relative to an Obligor the Company, Major Depository Institution Subsidiary or a Significant Subsidiaryother obligor upon the Notes, or to the creditors or property of an Obligor the Company, Major Depository Institution Subsidiary or a Significant Subsidiarysuch other obligor, any Holder, irrespective of whether the principal of the Senior Subordinated Securities Notes shall then be due and payable as therein expressed or by declaration or otherwise and irrespective of whether any such Holder shall have made any demand pursuant to the provisions of this Section 5.44.4, shall be entitled and empowered, by intervention in such proceedings or otherwise, to file and prove a claim or claims for the whole amount of principal and interest owing and unpaid in respect of the Senior Subordinated Securities Notes held by any such Holder and, in case of any judicial proceedings, to file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of any such Holder allowed in such judicial proceedings relative to an Obligor the Company, Major Depository Institution Subsidiary or a Significant Subsidiaryany other obligor on the Notes, or to the creditors or property of an Obligorthe Company or such other obligor, unless prohibited by applicable law and regulations, to vote in any election of a trustee or a standby trustee in arrangement, reorganization, liquidation or other bankruptcy or insolvency proceedings or person performing similar functions in comparable proceedings, and to collect and receive any moneys or other property payable or deliverable to any such Holder on any such claims.

Appears in 13 contracts

Samples: Securities Purchase Agreement, Securities Purchase Agreement, Securities Purchase Agreement

Holders May File Proofs of Claim. In case there shall be pending proceedings for the bankruptcy or for the reorganization of any obligor on the Senior Subordinated Securities (other than the Credit Union) under Title 11Xxxxx 00, United States Xxxxxx Xxxxxx Code, or any other applicable law, or in case a receiver, conservator or trustee shall have been appointed for the Credit Union or such other obligor (each, an “Obligor”) or a Significant Subsidiary, or in the case of any other similar judicial proceedings relative to an Obligor or a Significant Subsidiary, or to the creditors or property of an Obligor or a Significant Subsidiary, any Holder, irrespective of whether the principal of the Senior Subordinated Securities shall then be due and payable as therein expressed or by declaration or otherwise and irrespective of whether any such Holder shall have made any demand pursuant to the provisions of this Section 5.4, shall be entitled and empowered, by intervention in such proceedings or otherwise, to file and prove a claim or claims for the whole amount of principal and interest owing and unpaid in respect of the Senior Subordinated Securities held by any such Holder and, in case of any judicial proceedings, to file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of any such Holder allowed in such judicial proceedings relative to an Obligor or a Significant Subsidiary, or to the creditors or property of an Obligor, unless prohibited by applicable law and regulations, to vote in any election of a trustee or a standby trustee in arrangement, reorganization, liquidation or other bankruptcy or insolvency proceedings or person performing similar functions in comparable proceedings, and to collect and receive any moneys or other property payable or deliverable to any such Holder on any such claims.

Appears in 9 contracts

Samples: Securities Purchase Agreement, Securities Purchase Agreement, Securities Purchase Agreement

Holders May File Proofs of Claim. In case there shall be pending proceedings for the bankruptcy or for the reorganization of the Company or any other obligor on the Senior Subordinated Securities (other than the Credit UnionCompany) under Title 11Xxxxx 00, United States Xxxxxx Xxxxxx Code, or any other applicable law, or in case a receiver, conservator or trustee shall have been appointed for the Credit Union Company or an IDI Subsidiary or such other obligor (each, an “Obligor”) or a Significant Subsidiaryobligor, or in the case of any other similar judicial proceedings relative to an Obligor the Company, IDI Subsidiary or a Significant Subsidiaryother obligor upon the Senior Securities, or to the creditors or property of an Obligor the Company, IDI Subsidiary or a Significant Subsidiarysuch other obligor, any Holder, irrespective of whether the principal of the Senior Subordinated Securities shall then be due and payable as therein expressed or by declaration or otherwise and irrespective of whether any such Holder shall have made any demand pursuant to the provisions of this Section 5.44.4, shall be entitled and empowered, by intervention in such proceedings or otherwise, to file and prove a claim or claims for the whole amount of principal and interest owing and unpaid in respect of the Senior Subordinated Securities held by any such Holder and, in case of any judicial proceedings, to file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of any such Holder allowed in such judicial proceedings relative to an Obligor the Company, IDI Subsidiary or a Significant Subsidiaryany other obligor on the Senior Securities, or to the creditors or property of an Obligorthe Company, IDI Subsidiary or such other obligor, unless prohibited by applicable law and regulations, to vote in any election of a trustee or a standby trustee in arrangement, reorganization, liquidation or other bankruptcy or insolvency proceedings or person performing similar functions in comparable proceedings, and to collect and receive any moneys or other property payable or deliverable to any such Holder on any such claims.

Appears in 6 contracts

Samples: Securities Purchase Agreement (Live Oak Bancshares, Inc.), Securities Purchase Agreement (Live Oak Bancshares, Inc.), Securities Purchase Agreement

Holders May File Proofs of Claim. In case there shall be pending proceedings for the bankruptcy or for the reorganization of the Company or any other obligor on the Senior Subordinated Securities (other than the Credit UnionCompany) under Title 11Xxxxx 00, United States Xxxxxx Xxxxxx Code, or any other applicable law, or in case a receiver, conservator or trustee shall have been appointed for the Credit Union Company or a Major Depository Institution Subsidiary of the Company or such other obligor (each, an “Obligor”) or a Significant Subsidiaryobligor, or in the case of any other similar judicial proceedings relative to an Obligor the Company, Major Depository Institution Subsidiary or a Significant Subsidiaryother obligor upon the Senior Subordinated Securities, or to the creditors or property of an Obligor the Company, Major Depository Institution Subsidiary or a Significant Subsidiarysuch other obligor, any Holder, irrespective of whether the principal of the Senior Subordinated Securities shall then be due and payable as therein expressed or by declaration or otherwise and irrespective of whether any such Holder shall have made any demand pursuant to the provisions of this Section 5.4, shall be entitled and empowered, by intervention in such proceedings or otherwise, to file and prove a claim or claims for the whole amount of principal and interest owing and unpaid in respect of the Senior Subordinated Securities held by any such Holder and, in case of any judicial proceedings, to file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of any such Holder allowed in such judicial proceedings relative to an Obligor the Company, Major Depository Institution Subsidiary or a Significant Subsidiaryany other obligor on the Senior Subordinated Securities, or to the creditors or property of an Obligorthe Company or such other obligor, unless prohibited by applicable law and regulations, to vote in any election of a trustee or a standby trustee in arrangement, reorganization, liquidation or other bankruptcy or insolvency proceedings or person performing similar functions in comparable proceedings, and to collect and receive any moneys or other property payable or deliverable to any such Holder on any such claims.

Appears in 3 contracts

Samples: Securities Purchase Agreement, Securities Purchase Agreement, Securities Purchase Agreement

Holders May File Proofs of Claim. In case there shall be pending proceedings for the bankruptcy or for the reorganization of the Company or any other obligor on the CDCI Senior Subordinated Securities (other than the Credit UnionCompany) under Title 11Xxxxx 00, United States Xxxxxx Xxxxxx Code, or any other applicable law, or in case a receiver, conservator or trustee shall have been appointed for the Credit Union Company or a Major Depository Institution Subsidiary of the Company or such other obligor (each, an “Obligor”) or a Significant Subsidiaryobligor, or in the case of any other similar judicial proceedings relative to an Obligor the Company, Major Depository Institution Subsidiary or a Significant Subsidiaryother obligor upon the CDCI Senior Subordinated Securities, or to the creditors or property of the Company, Major Depository Institution Subsidiary or such other obligor (each, an Obligor or a Significant Subsidiary“Obligor”), any Holder, irrespective of whether the principal of the CDCI Senior Subordinated Securities shall then be due and payable as therein expressed or by declaration or otherwise and irrespective of whether any such Holder shall have made any demand pursuant to the provisions of this Section 5.47.4, shall be entitled and empowered, by intervention in such proceedings or otherwise, to file and prove a claim or claims for the whole amount of principal and interest owing and unpaid in respect of the CDCI Senior Subordinated Securities held by any such Holder and, in case of any judicial proceedings, to file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of any such Holder allowed in such judicial proceedings relative to an Obligor the Company, Major Depository Institution Subsidiary or a Significant Subsidiaryany other obligor on the CDCI Senior Subordinated Securities, or to the creditors or property of an Obligorthe Company or such other obligor, unless prohibited by applicable law and regulations, to vote in any election of a trustee or a standby trustee in arrangement, reorganization, liquidation or other bankruptcy or insolvency proceedings or person performing similar functions in comparable proceedings, and to collect and receive any moneys or other property payable or deliverable to any such Holder on any such claims.

Appears in 3 contracts

Samples: Exchange Agreement, Exchange Agreement, Exchange Agreement

Holders May File Proofs of Claim. In case there shall be pending proceedings for the bankruptcy or for the reorganization of any obligor on the CDCI Senior Subordinated Securities (other than the Credit UnionBank) under Title 11Xxxxx 00, United States Xxxxxx Xxxxxx Code, or any other applicable law, or in case a receiver, conservator or trustee shall have been appointed for the Credit Union Bank or such other obligor (each, an “Obligor”) or a Significant Subsidiary, or in the case of any other similar judicial proceedings relative to an Obligor or a Significant Subsidiary, or to the creditors or property of an Obligor or a Significant Subsidiary, any Holder, irrespective of whether the principal of the CDCI Senior Subordinated Securities shall then be due and payable as therein expressed or by declaration or otherwise and irrespective of whether any such Holder shall have made any demand pursuant to the provisions of this Section 5.47.4, shall be entitled and empowered, by intervention in such proceedings or otherwise, to file and prove a claim or claims for the whole amount of principal and interest owing and unpaid in respect of the CDCI Senior Subordinated Securities held by any such Holder and, in case of any judicial proceedings, to file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of any such Holder allowed in such judicial proceedings relative to an Obligor or a Significant Subsidiary, or to the creditors or property of an Obligor, unless prohibited by applicable law and regulations, to vote in any election of a trustee or a standby trustee in arrangement, reorganization, liquidation or other bankruptcy or insolvency proceedings or person performing similar functions in comparable proceedings, and to collect and receive any moneys or other property payable or deliverable to any such Holder on any such claims.

Appears in 1 contract

Samples: Exchange Agreement

Holders May File Proofs of Claim. In case there shall be pending proceedings for the bankruptcy or for the reorganization of the Company or any other obligor on the Senior Subordinated Securities (other than the Credit Union) Notes under Title 11Xxxxx 00, United States Xxxxxx Xxxxxx Code, or any other applicable law, or in case a receiver, conservator or trustee shall have been appointed for the Credit Union Company or such other obligor (each, an “Obligor”) or a Significant Subsidiary, or in the case of any other similar judicial proceedings relative to an Obligor or a Significant Subsidiary, or to the creditors or property of an Obligor or a Significant Subsidiary, any Holder, irrespective of whether the principal of the Senior Subordinated Securities Notes shall then be due and payable as therein expressed or by declaration or otherwise and irrespective of whether any such Holder shall have made any demand pursuant to the provisions of this Section 5.44.4, shall be entitled and empowered, by intervention in such proceedings or otherwise, to file and prove a claim or claims for the whole amount of principal and interest owing and unpaid in respect of the Senior Subordinated Securities Notes held by any such Holder and, in case of any judicial proceedings, to file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of any such Holder allowed in such judicial proceedings relative to an Obligor or a Significant Subsidiary, or to the creditors or property of an Obligor, unless prohibited by applicable law and regulations, to vote in any election of a trustee or a standby trustee in arrangement, reorganization, liquidation or other bankruptcy or insolvency proceedings or person performing similar functions in comparable proceedings, and to collect and receive any moneys or other property payable or deliverable to any such Holder on any such claims.

Appears in 1 contract

Samples: Securities Purchase Agreement

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Holders May File Proofs of Claim. In case there shall be pending proceedings for the bankruptcy or for the reorganization of any obligor on the Senior Subordinated Securities (other than the Credit UnionBank) under Title 11Xxxxx 00, United States Xxxxxx Xxxxxx Code, or any other applicable law, or in case a receiver, conservator or trustee shall have been appointed for the Credit Union Bank or such other obligor (each, an “Obligor”) or a Significant Subsidiary, or in the case of any other similar judicial proceedings relative to an Obligor or a Significant Subsidiary, or to the creditors or property of an Obligor or a Significant Subsidiary, any Holder, irrespective of whether the principal of the Senior Subordinated Securities shall then be due and payable as therein expressed or by declaration or otherwise and irrespective of whether any such Holder shall have made any demand pursuant to the provisions of this Section 5.4, shall be entitled and empowered, by intervention in such proceedings or otherwise, to file and prove a claim or claims for the whole amount of principal and interest owing and unpaid in respect of the Senior Subordinated Securities held by any such Holder and, in case of any judicial proceedings, to file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of any such Holder allowed in such judicial proceedings relative to an Obligor or a Significant Subsidiary, or to the creditors or property of an Obligor, unless prohibited by applicable law and regulations, to vote in any election of a trustee or a standby trustee in arrangement, reorganization, liquidation or other bankruptcy or insolvency proceedings or person performing similar functions in comparable proceedings, and to collect and receive any moneys or other property payable or deliverable to any such Holder on any such claims.

Appears in 1 contract

Samples: Securities Purchase Agreement

Holders May File Proofs of Claim. In case there shall be pending proceedings for the bankruptcy or for the reorganization of the Company or any other obligor on the Senior Subordinated Securities (other than the Credit Union) Notes under Title 11, United States Code, or any other applicable law, or in case a receiver, conservator or trustee shall have been appointed for the Credit Union Company or a Major Depository Institution Subsidiary of the Company or such other obligor (each, an “Obligor”) or a Significant Subsidiaryobligor, or in the case of any other similar judicial proceedings relative to an Obligor the Company, Major Depository Institution Subsidiary or a Significant Subsidiaryother obligor upon the Notes, or to the creditors or property of an Obligor the Company, Major Depository Institution Subsidiary or a Significant Subsidiarysuch other obligor, any Holder, irrespective of whether the principal of the Senior Subordinated Securities Notes shall then be due and payable as therein expressed or by declaration or otherwise and irrespective of whether any such Holder shall have made any demand pursuant to the provisions of this Section 5.44.4, shall be entitled and empowered, by intervention in such proceedings or otherwise, to file and prove a claim or claims for the whole amount of principal and interest owing and unpaid in respect of the Senior Subordinated Securities Notes held by any such Holder and, in case of any judicial proceedings, to file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of any such Holder allowed in such judicial proceedings relative to an Obligor the Company, Major Depository Institution Subsidiary or a Significant Subsidiaryany other obligor on the Notes, or to the creditors or property of an Obligorthe Company or such other obligor, unless prohibited by applicable law and regulations, to vote in any election of a trustee or a standby trustee in arrangement, reorganization, liquidation or other bankruptcy or insolvency proceedings or person performing similar functions in comparable proceedings, and to collect and receive any moneys or other property payable or deliverable to any such Holder on any such claims.

Appears in 1 contract

Samples: Securities Purchase Agreement

Holders May File Proofs of Claim. In case there shall be pending proceedings for the bankruptcy or for the reorganization of the Company or any obligor on the Senior Subordinated Securities (other than the Credit Union) Company on the EQ2 Securities under Title 11Xxxxx 00, United States Xxxxxx Xxxxxx Code, or any other applicable law, or in case a receiver, conservator or trustee shall have been appointed for the Credit Union Company or a Company Subsidiary or such other obligor (each, an “Obligor”) or a Significant Subsidiaryobligor, or in the case of any other similar judicial proceedings relative to an Obligor the Company, a Company Subsidiary or a Significant Subsidiaryother obligor upon the EQ2 Securities, or to the creditors or property of an Obligor the Company or a Significant SubsidiaryCompany Subsidiary or such other obligor, any Holder, irrespective of whether the principal of the Senior Subordinated EQ2 Securities shall then be due and payable as therein expressed or by declaration or otherwise and irrespective of whether any such Holder shall have made any demand pursuant to the provisions of this Section 5.44.4, shall be entitled and empowered, by intervention in such proceedings or otherwise, to file and prove a claim or claims for the whole amount of principal and interest owing and unpaid in respect of the Senior Subordinated EQ2 Securities held by any such Holder and, in case of any judicial proceedings, to file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of any such Holder allowed in such judicial proceedings relative to an Obligor the Company, Company Subsidiary or a Significant Subsidiaryany other obligor on the EQ2 Securities, or to the creditors or property of an Obligorthe Company or such other obligor, unless prohibited by applicable law and regulations, to vote in any election of a trustee or a standby trustee in arrangement, reorganization, liquidation or other bankruptcy or insolvency proceedings or person performing similar functions in comparable proceedings, and to collect and receive any moneys or other property payable or deliverable to any such Holder on any such claims.

Appears in 1 contract

Samples: Securities Purchase Agreement

Holders May File Proofs of Claim. In case there shall be pending proceedings for the bankruptcy or for the reorganization of any obligor on the Senior Subordinated Securities Notes (other than the Credit UnionBank) under Title 11Xxxxx 00, United States Xxxxxx Xxxxxx Code, or any other applicable law, or in case a receiver, conservator or trustee shall have been appointed for the Credit Union Bank or such other obligor (each, an “Obligor”) or a Significant Subsidiary, or in the case of any other similar judicial proceedings relative to an Obligor or a Significant Subsidiary, or to the creditors or property of an Obligor or a Significant Subsidiary, any Holder, irrespective of whether the principal of the Senior Subordinated Securities Notes shall then be due and payable as therein expressed or by declaration or otherwise and irrespective of whether any such Holder shall have made any demand pursuant to the provisions of this Section 5.44.4, shall be entitled and empowered, by intervention in such proceedings or otherwise, to file and prove a claim or claims for the whole amount of principal and interest owing and unpaid in respect of the Senior Subordinated Securities Notes held by any such Holder and, in case of any judicial proceedings, to file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of any such Holder allowed in such judicial proceedings relative to an Obligor or a Significant Subsidiary, or to the creditors or property of an Obligor, unless prohibited by applicable law and regulations, to vote in any election of a trustee or a standby trustee in arrangement, reorganization, liquidation or other bankruptcy or insolvency proceedings or person performing similar functions in comparable proceedings, and to collect and receive any moneys or other property payable or deliverable to any such Holder on any such claims.

Appears in 1 contract

Samples: Securities Purchase Agreement

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