Inability to Pay Debts; Attachment. (i) The Company or any of its Subsidiaries (other than a Non-Material 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 thirty (30) days after its issue or levy; or
Appears in 4 contracts
Samples: Second Amendment to Second Amended and Restated Credit Agreement (Methode Electronics Inc), Credit Agreement (Methode Electronics Inc), Credit Agreement (Methode Electronics Inc)
Inability to Pay Debts; Attachment. (i) The Company or any of its Subsidiaries Subsidiary (other than a Non-Material Specified Insurance Subsidiary or a Designated Escrow 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 thirty (30) days after its issue or levy; or
Appears in 4 contracts
Samples: Fourth Amended and Restated Credit Agreement (Asbury Automotive Group Inc), Credit Agreement (Asbury Automotive Group Inc), Credit Agreement (Asbury Automotive Group Inc)
Inability to Pay Debts; Attachment. (i) The Company or any of its Material Subsidiaries (other than a Non-Material 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 thirty (30) 60 days after its issue or levy; or
Appears in 3 contracts
Samples: Term Loan Agreement (Thermo Fisher Scientific Inc.), Bridge Credit Agreement (Thermo Fisher Scientific Inc.), 364 Day Credit Agreement (Thermo Fisher Scientific Inc.)
Inability to Pay Debts; Attachment. (i) The Company Borrower or any of its Significant Subsidiaries (other than a Non-Material 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 thirty (30) days after its issue or levy; or
Appears in 3 contracts
Samples: Credit Agreement (Ross Stores, Inc.), 364 Day Credit Agreement (Ross Stores, Inc.), Credit Agreement (Ross Stores, Inc.)
Inability to Pay Debts; Attachment. (i) The Company Borrower or any Borrower Affiliate, or any of its their respective Subsidiaries (other than a Non-Material 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 property which is a material part of the property of any such Person the Borrower and its Subsidiaries taken as a whole, and is not released, vacated or fully bonded within thirty (30) 45 days after its issue or levy; or
Appears in 3 contracts
Samples: Credit Agreement (Martin Midstream Partners Lp), Credit Agreement (Martin Midstream Partners Lp), Credit Agreement (Martin Midstream Partners Lp)
Inability to Pay Debts; Attachment. (i) The Company or any of its Subsidiaries (other than a Non-Material Subsidiary) Subsidiary becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise, 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 thirty (30) 60 days after its issue or levy; or
Appears in 3 contracts
Samples: Credit Agreement (COMMERCIAL METALS Co), Credit Agreement (Commercial Metals Co), Credit Agreement (Commercial Metals Co)
Inability to Pay Debts; Attachment. (i) The Company Company, any other Borrower or any of its Subsidiaries (other than a Non-Material Subsidiary) 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 or levied against all or any material part of the property of the Company or any such Person Subsidiary for any amount in excess of the Threshold Amount and is not released, vacated or fully bonded within thirty (30) 90 days after its issue or levy; or;
Appears in 3 contracts
Samples: Third Amendment Agreement (Pulse Electronics Corp), Second Amendment Agreement (Pulse Electronics Corp), Credit Agreement (Technitrol Inc)
Inability to Pay Debts; Attachment. (i) The Company or any of its Subsidiaries (other than a Non-Material 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 the Company and is not released, vacated or fully bonded within thirty (30) 30 days after its issue or levy; or
Appears in 3 contracts
Samples: Note Agreement (NewStar Financial, Inc.), Note Agreement (NewStar Financial, Inc.), Revolving Credit Facility (NewStar Financial, Inc.)
Inability to Pay Debts; Attachment. (i) The Any Company or any of its Subsidiaries (other than a Non-Material 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 thirty (30) days after its issue or levy; or
Appears in 3 contracts
Samples: Credit Agreement (Cb Richard Ellis Realty Trust), Credit Agreement (Cb Richard Ellis Realty Trust), Credit Agreement (GMH Communities Trust)
Inability to Pay Debts; Attachment. (i) The Company Company, any other Credit Party or any of its Subsidiaries Material Subsidiary (other than a any Non-Material Recourse 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 thirty (30) 30 days after its issue or levy; or
Appears in 2 contracts
Samples: Letter of Credit Reimbursement Agreement (Reinsurance Group of America Inc), Letter of Credit Reimbursement Agreement (Reinsurance Group of America Inc)
Inability to Pay Debts; Attachment. (i) The Company Borrower or any of its Subsidiaries Subsidiary (other than a Non-Material SubsidiaryExcluded 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 thirty (30) 30 days after its issue or levy; or
Appears in 2 contracts
Samples: Credit Agreement (Hologic Inc), Credit Agreement (Hologic Inc)
Inability to Pay Debts; Attachment. (i) The Company or any of its Subsidiaries (other than a Non-Material an Insignificant 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 thirty (30) 30 days after its issue or levy; or
Appears in 2 contracts
Samples: Credit Agreement (Solectron Corp), Credit Agreement (Solectron Corp)
Inability to Pay Debts; Attachment. (i) The Company Any Borrower or any of its Subsidiaries Significant Subsidiary (other than a Non-Material Subsidiarythe Fund Entities) 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 thirty (30) days after its issue or levy; or
Appears in 2 contracts
Samples: Thirteenth Amendment to Fourth Amended and Restated Credit Agreement (Quanta Services, Inc.), Fourth Amended and Restated Credit Agreement (Quanta Services, Inc.)
Inability to Pay Debts; Attachment. (i) The Company Borrower or any of its Significant Subsidiaries (other than a Non-Material 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 thirty (30) days after its issue or levy; or
Appears in 2 contracts
Samples: Credit Agreement (Aegion Corp), Credit Agreement (Aegion Corp)
Inability to Pay Debts; Attachment. (i) The Facility Guarantor, the Company or any of its their Significant Subsidiaries (other than a Non-Material 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 thirty (30) 30 days after its issue or levy; or
Appears in 2 contracts
Samples: Credit Agreement (Discovery Communications, Inc.), Credit Agreement (Discovery Communications, Inc.)
Inability to Pay Debts; Attachment. (i) The Company Holdings, the Borrower or any of its Material Subsidiaries (other than a Non-Material 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 thirty (30) days after its issue or levy; or
Appears in 2 contracts
Samples: Credit Agreement (Ipayment Inc), Credit Agreement (E-Commerce Exchange, Inc)
Inability to Pay Debts; Attachment. (i) The Company Borrower or any of its Restricted Subsidiaries (other than a Non-Material 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 vacated, satisfied or fully bonded within thirty (30) 60 days after its issue or levy; or
Appears in 2 contracts
Samples: Credit Agreement (Targa Resources Corp.), Credit Agreement (Targa Resources Corp.)
Inability to Pay Debts; Attachment. (i) The Company Company, any Borrower or any of its Subsidiaries (other than a Non-Material Subsidiary) 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 or levied against all or any material part of the property of the Company or any such Person Subsidiary for any amount in excess of the Threshold Amount and is not released, vacated or fully bonded within thirty (30) ninety days after its issue or levy; or;
Appears in 1 contract
Inability to Pay Debts; Attachment. (i) The Company Borrower or any Subsidiary becomes generally unable (whether through lack of its Subsidiaries (other than a Non-Material Subsidiaryfunding from the Borrower or otherwise) 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 thirty (30) days after its issue or levy; or
Appears in 1 contract
Samples: Credit Agreement (Nautilus, Inc.)
Inability to Pay Debts; Attachment. (i) The Company or any of its Subsidiaries (other than a Non-Material Subsidiary) becomes unable or Subsidiary 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 thirty (30) 60 days after its issue or levy; or
Appears in 1 contract
Samples: Credit Agreement (Revvity, Inc.)
Inability to Pay Debts; Attachment. (i) The Company or any of its Subsidiaries (other than a Non-Material Subsidiary) Restricted 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 (including a conservatoir beslag or executoriaal beslag) 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 thirty (30) 30 days after its issue or levy; or
Appears in 1 contract
Inability to Pay Debts; Attachment. (i) The Facility Guarantor, the Company or any of its their Significant Subsidiaries (other than a Non-Material 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 or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within thirty (30) 30 days after its issue or levy; or
Appears in 1 contract
Samples: Credit Agreement (Discovery, Inc.)
Inability to Pay Debts; Attachment. (i) The Company or any of its Subsidiaries Restricted Subsidiary (other than a Non-Material 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 thirty (30) 60 days after its issue or levy; or
Appears in 1 contract
Samples: Credit Agreement (Om Group Inc)
Inability to Pay Debts; Attachment. (i) The Company or any of its Subsidiaries (other than a Non-Material 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 thirty (30) 30 days after its issue or levy; or
Appears in 1 contract
Inability to Pay Debts; Attachment. (i) The Company or any of its Subsidiaries (other than a Non-Material Subsidiary) affiliates becomes unable or admits in writing its inability or fails generally to pay its debts in excess of $50,000 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 Company’s property, taken as a whole, and is not released, vacated or fully bonded within thirty sixty (3060) days after its issue or levy; or
Appears in 1 contract
Samples: Convertible Loan Credit Agreement (Bakken Resources Inc)
Inability to Pay Debts; Attachment. (i) The Company Any Borrower or any of its Subsidiaries Significant Subsidiary (other than a Non-Material Subsidiarythe Fund Entities) 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 thirty (30) days after its issue or levy; oror (i)
Appears in 1 contract
Inability to Pay Debts; Attachment. (i) The Company or any of its Subsidiaries (other than a Non-Material 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 or levied against all or any material part substantially all of the property of any such Person the Company and is not released, vacated or fully bonded within thirty (30) 60 days after its issue or levy; or
Appears in 1 contract
Samples: Continuing Agreement for Standby Letters of Credit (Tribune Publishing Co)
Inability to Pay Debts; Attachment. (i) The Company or any of its Subsidiaries (other than a Non-Material 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 thirty sixty (3060) calendar days after its issue or levy; or
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Focus Financial Partners Inc.)
Inability to Pay Debts; Attachment. (i) The Company or any of its Subsidiaries (other than a Non-Material Subsidiary) Subsidiary becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise, 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 thirty (30) 60 days after its issue or levy; oror 95
Appears in 1 contract
Inability to Pay Debts; Attachment. (i) The Company becomes insolvent or any of its Subsidiaries (other than a Non-Material 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 thirty (30) days after its issue or levy; or
Appears in 1 contract
Samples: Series a Preferred Unit Purchase Agreement (Aemetis, Inc)
Inability to Pay Debts; Attachment. (i) The Company Borrower or any of its Significant Subsidiaries (other than a Non-Material 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 substantially all the property of any such Person and is not released, vacated vacated, stayed or fully bonded within thirty (30) days after its issue or levy; or
Appears in 1 contract
Samples: Credit Agreement (Berkley W R Corp)
Inability to Pay Debts; Attachment. (i) The Company or any of its Subsidiaries (other than a Non-Material Subsidiary) 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 thirty (30) days after its issue or levy; or
Appears in 1 contract
Samples: Credit Agreement (Bioverativ Inc.)
Inability to Pay Debts; Attachment. (i) The Facility Guarantor, the Company or any of its their Significant Subsidiaries (other than a Non-Material Subsidiary) becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (iii) 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 thirty (30) 30 days after its issue or levy; or
Appears in 1 contract
Inability to Pay Debts; Attachment. (i) The Company Borrower or any of its Subsidiaries Significant Subsidiary (other than a Non-Material Subsidiarythe Fund Entities) 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 thirty (30) days after its issue or levy; or
Appears in 1 contract
