Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 days after its issue or levy; or
Appears in 104 contracts
Samples: Credit Agreement (International Money Express, Inc.), Credit Agreement (Standex International Corp/De/), Credit Agreement (Suburban Propane Partners Lp)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Restricted Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person the Loan Parties, taken as a whole, and is not released, vacated or fully bonded within 30 sixty (60) days after its issue or levy; or
Appears in 96 contracts
Samples: Credit Agreement (Gen Digital Inc.), Credit Agreement (Phibro Animal Health Corp), Credit Agreement (Hilton Worldwide Holdings Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 thirty (30) days after its issue or levy; or
Appears in 78 contracts
Samples: Credit Agreement (Agilysys Inc), Credit Agreement (Hackett Group, Inc.), Credit Agreement (Nathans Famous, Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 days after its issue or levy; or
Appears in 71 contracts
Samples: Credit Agreement (TopBuild Corp), Credit Agreement (TopBuild Corp), Credit Agreement (TopBuild Corp)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Restricted Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts in excess of the Threshold Amount as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person the Loan Parties, taken as a whole, and is not released, vacated or fully bonded within 30 sixty (60) days after its issue or levy; or
Appears in 57 contracts
Samples: Credit Agreement (Catalent, Inc.), Credit Agreement (Pinnacle Foods Inc.), Credit Agreement (West Corp)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Material Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 days after its issue or levy; or
Appears in 45 contracts
Samples: Credit Agreement (Container Store Group, Inc.), Credit Agreement (Container Store Group, Inc.), Credit Agreement (Telephone & Data Systems Inc /De/)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 thirty days after its issue or levy; or
Appears in 45 contracts
Samples: Credit Agreement (Green Plains Partners LP), Credit Agreement (Green Plains Inc.), Credit Agreement (Stifel Financial Corp)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof of its Subsidiaries becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 thirty (30) days after its issue or levy; or
Appears in 32 contracts
Samples: Credit Agreement (Pebblebrook Hotel Trust), Credit Agreement (Pebblebrook Hotel Trust), Credit Agreement (Pebblebrook Hotel Trust)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Significant Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 60 days after its issue or levy; or
Appears in 29 contracts
Samples: Credit Agreement (Safehold Inc.), Credit Agreement (Veralto Corp), Credit Agreement (Istar Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 thirty (30) days after its issue or levy; or
Appears in 29 contracts
Samples: Credit Agreement (Braemar Hotels & Resorts Inc.), Credit Agreement (Sunrun Inc.), Credit Agreement (Sunrun Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof of its Subsidiaries becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 days after its issue or levy; or
Appears in 25 contracts
Samples: Credit Agreement (Radius Recycling, Inc.), Credit Agreement (Schnitzer Steel Industries Inc), Credit Agreement (American Vanguard Corp)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 thirty days after its issue or levy; or
Appears in 24 contracts
Samples: Credit Agreement (Phillips Edison & Company, Inc.), Credit Agreement (Phillips Edison & Company, Inc.), Credit Agreement (Phillips Edison & Company, Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 days after its issue or levy; or
Appears in 24 contracts
Samples: Credit Agreement (Resource REIT, Inc.), Credit Agreement (Nutri System Inc /De/), Term Loan Agreement (Retail Opportunity Investments Partnership, LP)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Material Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 days after its issue or levy; or
Appears in 24 contracts
Samples: Security Agreement (Ciena Corp), Pledge Agreement (Ciena Corp), Credit Agreement (W. P. Carey Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Restricted Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 days after its issue or levy; or
Appears in 23 contracts
Samples: Term Loan Credit Agreement (Hyster-Yale Materials Handling, Inc.), Term Loan Credit Agreement (Hyster-Yale Materials Handling, Inc.), Super Priority Credit Agreement (Basic Energy Services, Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become duedue in the ordinary course of business, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 days after its issue issuance or levy; or
Appears in 23 contracts
Samples: Asset Based Revolving Credit Agreement (Albertsons Companies, Inc.), Asset Based Revolving Credit Agreement (Nextier Oilfield Solutions Inc.), Asset Based Revolving Credit Agreement (King Merger Sub II LLC)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become duedue in the ordinary course of business, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 days after its issue or levyPerson; or
Appears in 22 contracts
Samples: Credit Agreement (Lovesac Co), Term Loan Credit Agreement (Kirkland's, Inc), Credit Agreement (Kirkland's, Inc)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become duedue in the ordinary course of business, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 10 days after its issue issuance or levy; or
Appears in 21 contracts
Samples: Credit Agreement (Sportsman's Warehouse Holdings, Inc.), Abl Term Loan Credit Agreement (Sportsman's Warehouse Holdings, Inc.), Credit Agreement (KOHLS Corp)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 sixty (60) days after its issue or levy; or
Appears in 20 contracts
Samples: Credit Agreement (nCino, Inc.), Credit Agreement (Digital Turbine, Inc.), Credit Agreement (Ligand Pharmaceuticals Inc)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 45 days after its issue or levy; or
Appears in 19 contracts
Samples: Credit Agreement (NOODLES & Co), Credit Agreement (Tandem Diabetes Care Inc), Credit Agreement (NOODLES & Co)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Significant Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 days after its issue or levy; or
Appears in 18 contracts
Samples: Security and Pledge Agreement (Sylvamo Corp), Credit Agreement (Sylvamo Corp), Credit Agreement (Kbr, Inc.)
Inability to Pay Debts; Attachment. (i) Any the Parent or the Borrower becomes unable to pay its debts as they become due, or any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person Loan Party and is not released, vacated or fully bonded within 30 thirty (30) days after its issue or levy; or
Appears in 18 contracts
Samples: Credit Agreement (STAG Industrial, Inc.), Term Loan Agreement (STAG Industrial, Inc.), Term Loan Agreement (STAG Industrial, Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Credit Party or any Material Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 thirty (30) days after its issue or levy; or
Appears in 17 contracts
Samples: Credit and Guaranty Agreement (Ventas, Inc.), Credit and Guaranty Agreement (Ventas, Inc.), Credit and Guaranty Agreement (Ventas, Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 60 days after its issue or levy; or
Appears in 16 contracts
Samples: Credit Agreement (Fuelcell Energy Inc), Credit Agreement (Fuelcell Energy Inc), Credit Agreement (Fuelcell Energy Inc)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Restricted Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 sixty (60) days after its issue or levy; or
Appears in 16 contracts
Samples: Credit Agreement (Sensata Technologies Holding PLC), Credit Agreement (Sensata Technologies Holding PLC), Credit Agreement (Sensata Technologies Holding PLC)
Inability to Pay Debts; Attachment. (i) Any Parent or Borrower becomes unable to pay its debts as they become due, or any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person Loan Party and is not released, vacated or fully bonded within 30 thirty (30) days after its issue or levy; or
Appears in 15 contracts
Samples: Term Loan Agreement (STAG Industrial, Inc.), Credit Agreement (American Realty Capital Trust IV, Inc.), Credit Agreement (American Realty Capital Properties, Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become duedue in the ordinary course of business, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 days after its issue or levy; or
Appears in 14 contracts
Samples: Security Agreement (Barnes & Noble Education, Inc.), Credit Agreement (Barnes & Noble Education, Inc.), Term Loan Credit Agreement (Barnes & Noble Education, Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof of its Subsidiaries becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 thirty days after its issue or levy; or
Appears in 14 contracts
Samples: Credit Agreement (Fidelity National Financial, Inc.), Credit Agreement (Lpath, Inc), Credit Agreement (Green Dot Corp)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Restricted Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts in excess of the Threshold Amount as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person the Borrowers and the Restricted Subsidiaries, taken as a whole, and is not released, vacated or fully bonded within 30 sixty (60) days after its issue or levy; or
Appears in 14 contracts
Samples: Amendment Agreement (Nielsen Holdings PLC), Credit Agreement (Nielsen Holdings PLC), Credit Agreement (Nielsen Holdings PLC)
Inability to Pay Debts; Attachment. (i) Any A Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 thirty (30) days after its issue or levy; or
Appears in 13 contracts
Samples: Credit Agreement (Cole Real Estate Income Strategy (Daily Nav), Inc.), Credit Agreement (Cole Credit Property Trust V, Inc.), Credit Agreement (Cole Office & Industrial REIT (CCIT II), Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Restricted Subsidiary that is not an Immaterial Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 sixty (60) calendar days after its issue or levy; or
Appears in 13 contracts
Samples: First Lien Credit Agreement (GMS Inc.), First Lien Credit Agreement (GMS Inc.), First Lien Credit Agreement (GMS Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 thirty (30) days after its issue or levy; or
Appears in 12 contracts
Samples: Credit Agreement (TrueBlue, Inc.), Credit Agreement (Radiant Logistics, Inc), Credit Agreement (I3 Verticals, Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Restricted Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person the Nexstar Entities and the Mission Entities, taken as a whole, and is not released, vacated or fully bonded within 30 60 days after its issue or levy; or
Appears in 12 contracts
Samples: Credit Agreement (Nexstar Broadcasting Group Inc), Credit Agreement (Nexstar Broadcasting Group Inc), Credit Agreement (Mission Broadcasting Inc)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Restricted Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person the Loan Parties, taken as a whole, and is not released, vacated or fully bonded within 30 sixty (60) days after its issue or levy; or
Appears in 11 contracts
Samples: Credit Agreement (Wyndham Hotels & Resorts, Inc.), Credit Agreement (Travel & Leisure Co.), Credit Agreement (Wyndham Hotels & Resorts, Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof with a net worth in excess of $10,000,000 becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 thirty days after its issue or levy; or
Appears in 11 contracts
Samples: Credit Agreement (BGC Group, Inc.), Credit Agreement (Newmark Group, Inc.), Term Loan Credit Agreement (Newmark Group, Inc.)
Inability to Pay Debts; Attachment. (i) Any The Borrower or any other Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 days after its issue or levy; or
Appears in 11 contracts
Samples: Credit Agreement (Powersecure International, Inc.), Credit Agreement (Aecom Technology Corp), Credit Agreement (Powersecure International, Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof of its Material Subsidiaries becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 days after its issue or levy; or
Appears in 11 contracts
Samples: Credit Agreement (Timken Co), Credit Agreement (Timken Co), Assignment and Assumption (Timken Co)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Material Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 thirty days after its issue or levy; or
Appears in 10 contracts
Samples: Credit Agreement (Qorvo, Inc.), Credit Agreement (Qorvo, Inc.), Credit Agreement (Blount International Inc)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 45 days after its issue or levy; or
Appears in 10 contracts
Samples: Term Loan Agreement (Golden Queen Mining Co LTD), Credit Agreement (Einstein Noah Restaurant Group Inc), Term Loan Agreement (Golden Queen Mining Co LTD)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Restricted Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts in excess of the Threshold Amount as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person the Loan Parties, taken as a whole, and is not released, vacated or fully bonded within 30 60 days after its issue or levy; or.
Appears in 10 contracts
Samples: Credit Agreement (Polymer Group Inc), Credit Agreement (Polymer Group Inc), Credit Agreement (Polymer Group Inc)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof of their respective Material Subsidiaries becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 60 days after its issue or levy; or
Appears in 9 contracts
Samples: Credit Agreement (Thermo Fisher Scientific Inc.), Credit Agreement (Thermo Fisher Scientific Inc.), Credit Agreement (Thermo Fisher Scientific Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Note Party or any Subsidiary thereof of its Subsidiaries becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 thirty (30) days after its issue or levy; or
Appears in 9 contracts
Samples: Note Purchase Agreement (Terran Orbital Corp), Convertible Note and Warrant Purchase Agreement (Terran Orbital Corp), Note Purchase Agreement (Terran Orbital Corp)
Inability to Pay Debts; Attachment. (i) Any A Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 thirty (30) days after its issue or levy; or
Appears in 8 contracts
Samples: Pledge Agreement (Ryman Hospitality Properties, Inc.), Security Agreement (Ryman Hospitality Properties, Inc.), Security Agreement (Ryman Hospitality Properties, Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof member of the Consolidated Group becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 thirty days after its issue or levy; or.
Appears in 8 contracts
Samples: Senior Secured Bridge Credit Agreement (Echo Pharma Acquisition LTD), Credit Agreement (Echo Pharma Acquisition LTD), Senior Secured Bridge Credit Agreement (Echo Pharma Acquisition LTD)
Inability to Pay Debts; Attachment. (i) Any Borrower or any other Loan Party or any Significant Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 thirty (30) days after its issue or levy; or
Appears in 8 contracts
Samples: Credit Agreement (Resmed Inc), Credit Agreement, Assignment and Assumption (Resmed Inc)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof of its Subsidiaries becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, due or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 thirty (30) days after its issue or levy; or
Appears in 8 contracts
Samples: Credit Agreement (Greenbrook TMS Inc.), Credit Agreement (Greenbrook TMS Inc.), Credit Agreement (Greenbrook TMS Inc.)
Inability to Pay Debts; Attachment. (i) Any The Borrower, any Restricted Subsidiary or any other Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 days after its issue or levy; or
Appears in 8 contracts
Samples: Credit Agreement (Mueller Water Products, Inc.), Credit Agreement (Mueller Water Products, Inc.), Credit Agreement (Mueller Water Products, Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof of its Subsidiaries becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 forty-five days after its issue or levy; or
Appears in 8 contracts
Samples: Credit Agreement (Pra Group Inc), Credit Agreement (Pra Group Inc), Credit Agreement (Pra Group Inc)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Restricted Subsidiary thereof becomes generally unable or admits in writing its general inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part substantially all of the property of any such Person the Borrower and the Restricted Subsidiaries, taken as a whole, and is not released, vacated or fully bonded within 30 sixty (60) consecutive days after its issue or levy; or
Appears in 8 contracts
Samples: Credit Agreement (Yellow Corp), Credit Agreement (Yellow Corp), Term Loan Credit Agreement (YRC Worldwide Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person Loan Party and is not released, vacated or fully bonded within 30 60 days after its issue or levy; or
Appears in 8 contracts
Samples: Abl Credit Agreement (WillScot Mobile Mini Holdings Corp.), Abl Credit Agreement (WillScot Mobile Mini Holdings Corp.), Abl Credit Agreement (Target Hospitality Corp.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 days after its issue or levy; or
Appears in 8 contracts
Samples: Credit Agreement (Noble Midstream Partners LP), Credit Agreement (Noble Midstream Partners LP), Credit Agreement (Noble Midstream Partners LP)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof of its Subsidiaries becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 sixty (60) days after its issue or levy; or
Appears in 8 contracts
Samples: Credit Agreement (PTC Therapeutics, Inc.), Credit Agreement (PTC Therapeutics, Inc.), Credit Agreement (Harmony Biosciences Holdings, Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 45 days after its issue or levy; or.
Appears in 8 contracts
Samples: Abl Credit Agreement (Steinway Musical Instruments Holdings, Inc.), Abl Credit Agreement (Steinway Musical Instruments Holdings, Inc.), Abl Credit Agreement (Steinway Musical Instruments Holdings, Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Material Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 10 days after its issue issuance or levy; or
Appears in 7 contracts
Samples: Credit Agreement (Rh), Credit Agreement (Rh), Credit Agreement (Rh)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Restricted Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 sixty (60) days after its issue or levy; or
Appears in 7 contracts
Samples: Credit Agreement (At Home Group Inc.), Credit Agreement (At Home Group Inc.), Credit Agreement (At Home Group Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Restricted Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person the Loan Parties, taken as a whole, and is not released, vacated or fully bonded within 30 sixty (60) days after its issue or levy; or
Appears in 7 contracts
Samples: Credit Agreement (Clear Channel Outdoor Holdings, Inc.), Credit Agreement (Clear Channel Outdoor Holdings, Inc.), Credit Agreement (Clear Channel Outdoor Holdings, Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Material Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 45 days after its issue or levy; or
Appears in 7 contracts
Samples: Credit Agreement (Shutterstock, Inc.), Credit Agreement (Shutterstock, Inc.), Credit Agreement (Equinix Inc)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof of its Material Subsidiaries becomes unable or admits in writing its inability or fails generally to pay its debts as they become duedue (other than the failure of any Project Debt Entity to pay any Project Debt), or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 days after its issue or levy; or
Appears in 7 contracts
Samples: Credit Agreement (Granite Construction Inc), Credit Agreement (Granite Construction Inc), Credit Agreement (Granite Construction Inc)
Inability to Pay Debts; Attachment. (i) Any The Borrower or any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 days after its issue or levy; or
Appears in 7 contracts
Samples: Credit and Term Loan Agreement (Black Creek Diversified Property Fund Inc.), Credit and Term Loan Agreement (Dividend Capital Diversified Property Fund Inc.), Term Loan Agreement (Industrial Income Trust Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof of its Subsidiaries becomes unable to or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property Property of any such Person and is not released, vacated Loan Party or fully bonded within 30 days after its issue or levyany Loan Party otherwise becomes insolvent; or
Appears in 7 contracts
Samples: Credit Agreement (AdaptHealth Corp.), Credit Agreement (AdaptHealth Corp.), Credit and Guaranty Agreement (Mesa Air Group Inc)
Inability to Pay Debts; Attachment. (i) Any Loan Credit Party or any Material Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process in an amount in excess of the Threshold Amount is issued or levied against all or any material part of the property properties of any such Person and is not released, vacated or fully bonded within 30 sixty (60) days after its issue or levy; or
Appears in 7 contracts
Samples: Credit Agreement (Omega Healthcare Investors Inc), Credit Agreement (Omega Healthcare Investors Inc), Credit Agreement (Omega Healthcare Investors Inc)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Restricted Subsidiary thereof (other than an Immaterial Subsidiary) becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 thirty days after its issue or levy; or
Appears in 7 contracts
Samples: Credit Agreement (SS&C Technologies Holdings Inc), Credit Agreement (SS&C Technologies Holdings Inc), Credit Agreement (SS&C Technologies Holdings Inc)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become duedue in the ordinary course of business, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 ten (10) days after its issue issuance or levy; or
Appears in 7 contracts
Samples: Credit Agreement (Rue Gilt Groupe, Inc.), Credit Agreement (Stein Mart Inc), Term Loan Credit Agreement (Stein Mart Inc)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 sixty (60) calendar days (or such longer period for which a stay of enforcement is allowed by applicable Law) after its issue or levy; or.
Appears in 6 contracts
Samples: Credit Agreement (Morningstar, Inc.), Credit Agreement (Morningstar, Inc.), Credit Agreement (Morningstar, Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Material Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 thirty (30) days after its issue or levy; or
Appears in 6 contracts
Samples: Syndicated Facility Agreement (Interface Inc), Loan Agreement (Cadence Design Systems Inc), Credit Agreement (Cadence Design Systems Inc)
Inability to Pay Debts; Attachment. (i) Any Loan Credit Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts in excess of the Threshold Amount as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person the Credit Parties, taken as a whole, and is not released, vacated or fully bonded within 30 sixty (60) days after its issue or levy; or
Appears in 6 contracts
Samples: Credit and Guaranty Agreement (Education Management Corporation), Letter of Credit Facility Agreement (Education Management Corporation), Credit and Guaranty Agreement (Education Management Corporation)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Restricted Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person the Borrower and the Restricted Subsidiaries, taken as a whole, and is not released, vacated or fully bonded within 30 sixty (60) days after its issue or levy; or
Appears in 6 contracts
Samples: Credit Agreement (SeaWorld Entertainment, Inc.), Credit Agreement (SeaWorld Entertainment, Inc.), Credit Agreement (SeaWorld Entertainment, Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Credit Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process in an amount in excess of $10,000,000 is issued or levied against all or any material part of the property properties of any such Person and is not released, vacated or fully bonded within 30 thirty (30) days after its issue or levy; or
Appears in 6 contracts
Samples: Credit Agreement (Griffin-American Healthcare REIT III, Inc.), Credit Agreement (Griffin-American Healthcare REIT IV, Inc.), Credit Agreement (Griffin-American Healthcare REIT IV, Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person Loan Party and is not released, vacated or fully bonded within 30 days after its issue or levy; or
Appears in 6 contracts
Samples: Credit Agreement (Comstock Resources Inc), Credit Agreement (Comstock Resources Inc), Credit Agreement (Comstock Resources Inc)
Inability to Pay Debts; Attachment. (i) Any Loan Credit Party or any Subsidiary thereof becomes unable or of its Restricted Subsidiaries admits in writing its general inability or fails generally to pay its debts as they become due, due or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property Property of any such Person the Credit Parties, taken as a whole, and is not released, vacated or fully bonded within 30 sixty (60) days after its issue or levy; or
Appears in 6 contracts
Samples: Credit Agreement (R1 RCM Inc. /DE), Credit Agreement (R1 RCM Inc. /DE), Credit Agreement (R1 RCM Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Restricted Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part substantially all of the property of any such Person and is not released, vacated or fully bonded within 30 60 days after its issue or levy; or
Appears in 6 contracts
Samples: Credit Agreement (American Renal Associates Holdings, Inc.), Credit Agreement (American Renal Associates Holdings, Inc.), Credit Agreement (American Renal Associates Holdings, Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 60 days after its issue or levy; or
Appears in 6 contracts
Samples: Credit Agreement (Keurig Green Mountain, Inc.), Credit Agreement (Green Mountain Coffee Roasters Inc), Assignment and Assumption (Sheridan Group Inc)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails to generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 thirty days after its issue or levy; or
Appears in 6 contracts
Samples: Credit Agreement (Societal CDMO, Inc.), Credit Agreement (Societal CDMO, Inc.), Credit Agreement (Societal CDMO, Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Restricted Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person the Borrower and its Restricted Subsidiaries, taken as a whole, and is not released, vacated or fully bonded within 30 60 days after its issue or levy; or
Appears in 6 contracts
Samples: Credit Agreement (Surgery Partners, Inc.), Credit Agreement (Surgery Partners, Inc.), Credit Agreement (Surgery Partners, Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become duedue in the ordinary course of business, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 days after its issue issuance or levy; or
Appears in 6 contracts
Samples: Credit Agreement (Dicks Sporting Goods Inc), Credit Agreement (Dicks Sporting Goods Inc), Credit Agreement (Cache Inc)
Inability to Pay Debts; Attachment. (i) Any Loan Party A Borrower, any Restricted Subsidiary or any Subsidiary thereof the General Partner becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person Loan Party and is not released, vacated or fully bonded within 30 days after its issue or levy; or
Appears in 6 contracts
Samples: Credit Agreement (USD Partners LP), Credit Agreement (USD Partners LP), Security Agreement (USD Partners LP)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Restricted Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person the Loan Parties, taken as a whole, and is not released, vacated or fully bonded within 30 60 days after its issue or levy; or
Appears in 6 contracts
Samples: Credit Agreement (ESH Hospitality, Inc.), Credit Agreement (ESH Hospitality, Inc.), Credit Agreement (ESH Hospitality, Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof of its Subsidiaries (other than an Immaterial Subsidiary) becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 sixty days after its issue or levy; or
Appears in 6 contracts
Samples: Credit Agreement (Fleetcor Technologies Inc), Credit Agreement (Fleetcor Technologies Inc), Credit Agreement (Fleetcor Technologies Inc)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Significant Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 days after its issue or levy; or
Appears in 6 contracts
Samples: Credit Agreement (American Residential Properties, Inc.), Credit Agreement (Varian Medical Systems Inc), Assignment and Assumption (Varian Medical Systems Inc)
Inability to Pay Debts; Attachment. (i) Any Loan Credit Party or any Significant Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 thirty (30) days after its issue or levy; or
Appears in 6 contracts
Samples: Credit Agreement (Live Nation Entertainment, Inc.), Credit Agreement (Live Nation Entertainment, Inc.), Credit Agreement (Live Nation Entertainment, Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become duedue in the ordinary course of business, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 days after its issue or levy; or
Appears in 6 contracts
Samples: Credit Agreement (Barnes & Noble Inc), Credit Agreement (Barnes & Noble Inc), Credit Agreement (BTHC VII Inc)
Inability to Pay Debts; Attachment. (i) Any Borrower or any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 days after its issue or levy; or
Appears in 5 contracts
Samples: Credit Agreement (CNL Healthcare Properties, Inc.), Term Loan Agreement (CNL Healthcare Properties, Inc.), Credit Agreement (CNL Healthcare Properties, Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 forty-five (45) days after its issue or levy; or
Appears in 5 contracts
Samples: Credit Agreement (DocGo Inc.), Credit Agreement (KVH Industries Inc \De\), Credit Agreement (KVH Industries Inc \De\)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property Property of any such Person and is not released, vacated or fully bonded within 30 thirty days after its issue or levy; or
Appears in 5 contracts
Samples: Credit Agreement (Fti Consulting Inc), Credit Agreement (Orbital Sciences Corp /De/), Credit Agreement (Orbital Sciences Corp /De/)
Inability to Pay Debts; Attachment. (i) Any Loan Credit Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process in an amount in excess of the Threshold Amount is issued or levied against all or any material part of the property properties of any such Person and is not released, vacated or fully bonded within 30 sixty (60) days after its issue or levy; or
Appears in 5 contracts
Samples: Credit Agreement (Omega Healthcare Investors Inc), Credit Agreement (Omega Healthcare Investors Inc), Credit Agreement (Omega Healthcare Investors Inc)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process in respect of a claim in excess of the Threshold Amount is issued or levied against all or any material part of the property of any such Person the Loan Parties and their Subsidiaries, taken as a whole, and is not released, vacated vacated, stayed or fully bonded within 30 sixty (60) days after its issue or levy; or
Appears in 5 contracts
Samples: Credit Agreement (Amryt Pharma PLC), Credit Agreement (Amryt Pharma PLC), Bridge Credit Agreement (Novelion Therapeutics Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, ; or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 thirty days after its issue or levy; or
Appears in 5 contracts
Samples: Loan and Security Agreement (Intercloud Systems, Inc.), Credit Agreement (Titan Machinery Inc.), Credit Agreement (Ciber Inc)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become duedue in the ordinary course of business, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 days after its issue or levyPerson; or
Appears in 5 contracts
Samples: Intercreditor Agreement (Coldwater Creek Inc), Credit Agreement (Coldwater Creek Inc), Credit Agreement (Coldwater Creek Inc)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Restricted Subsidiary thereof (other than any Immaterial Subsidiary) becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, due or (ii) any writ or warrant of attachment or execution or similar process is issued issued, commenced or levied against all or any material part substantially all of the property of any such Person and is not released, vacated or fully bonded within 30 60 days after its issue issue, commencement or levy, or any analogous procedure or step is taken in any jurisdiction; or
Appears in 5 contracts
Samples: Credit Agreement (KLDiscovery Inc.), Credit Agreement (KLDiscovery Inc.), Credit Agreement (KLDiscovery Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof (other than an Immaterial Subsidiary) becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 thirty days after its issue or levy; or
Appears in 5 contracts
Samples: Credit Agreement (Salesforce Com Inc), Credit Agreement (Salesforce Com Inc), Credit Agreement (Salesforce Com Inc)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Restricted Subsidiary (other than an Immaterial Subsidiary) thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 forty-five (45) days after its issue or levy; or
Appears in 5 contracts
Samples: Credit Agreement (Vertex Pharmaceuticals Inc / Ma), Credit Agreement (Vertex Pharmaceuticals Inc / Ma), Credit Agreement (Vertex Pharmaceuticals Inc / Ma)
Inability to Pay Debts; Attachment. (i) Any Loan Party Party, any Material Subsidiary or any Subsidiary thereof becomes three or more Subsidiaries that are not Material Subsidiaries become unable or admits admit in writing its their inability or fails fail generally to pay its their debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person Person(s) and is not released, vacated or fully bonded within 30 days after its issue or levy; or
Appears in 5 contracts
Samples: Credit Agreement (McClatchy Co), Credit Agreement (McClatchy Co), Restatement Agreement (McClatchy Co)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof of its Material Subsidiaries becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 60 days after its issue or levy; or
Appears in 5 contracts
Samples: Credit Agreement (Mettler Toledo International Inc/), Credit Agreement (Mettler Toledo International Inc/), Credit Agreement (Mettler Toledo International Inc/)
Inability to Pay Debts; Attachment. (i) Any Either Borrower or any other Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part a substantial portion of the property Property of any such Person and is not released, vacated or fully bonded within 30 60 consecutive days after its issue or levy; or
Appears in 5 contracts
Samples: Credit Agreement (Core Laboratories N V), Assignment and Assumption (Core Laboratories N V), Credit Agreement (Core Laboratories N V)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof of its Material Subsidiaries becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 thirty days after its issue or levy; or
Appears in 5 contracts
Samples: Credit Agreement (Active Network Inc), Credit Agreement (Wright Medical Group Inc), Credit Agreement (Wright Medical Group Inc)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Restricted Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts in excess of the Threshold Amount as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person the Loan Parties, taken as a whole, and is not released, vacated or fully bonded within 30 60 days after its issue or levy; or
Appears in 5 contracts
Samples: Credit Agreement (Performance Food Group Co), Credit Agreement (Performance Food Group Co), Credit Agreement (Performance Food Group Co)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof of the Restricted Subsidiaries becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person the Loan Parties, taken as a whole, and is not released, vacated or fully bonded within 30 forty-five (45) days after its issue or levy; or
Appears in 5 contracts
Samples: Credit Agreement (Mattress Firm Group Inc.), Abl Credit Agreement (Mattress Firm Group Inc.), Credit Agreement (Mattress Firm Group Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Significant Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 thirty (30) days after its issue or levy; or
Appears in 5 contracts
Samples: Credit Agreement (Claros Mortgage Trust, Inc.), Credit Agreement (Starwood Property Trust, Inc.), Credit Agreement (Starwood Property Trust, Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become duedue in the ordinary course of business, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 thirty (30) days after its issue issuance or levy; or
Appears in 5 contracts
Samples: Credit Agreement (Cache Inc), Joinder Agreement (Quiksilver Inc), Joinder Agreement (Quiksilver Inc)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 sixty (60) days after its issue or levy; or
Appears in 5 contracts
Samples: Credit Agreement (Zevra Therapeutics, Inc.), Credit Agreement (Checkpoint Systems Inc), Credit Agreement (Nortek Inc)
