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Common use of Inability to Pay Debts; Attachment Clause in Contracts

Inability to Pay Debts; Attachment. (i) any Borrower or any Restricted Subsidiary that is a 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 days after its issue or levy; or

Appears in 4 contracts

Samples: Credit Agreement (Enpro Industries, Inc), Credit Agreement (Enpro Industries, Inc), Credit Agreement (Enpro Industries, Inc)

Inability to Pay Debts; Attachment. (i) any Borrower The Company or any Restricted Subsidiary that is (other than a 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) any Borrower The Company or any Restricted Subsidiary that is a 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: Credit Agreement (Mohawk Industries Inc), Credit Agreement (Mohawk Industries Inc), Credit Agreement (Mohawk Industries Inc)

Inability to Pay Debts; Attachment. (i) any Borrower The Company or any Restricted Subsidiary that is 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 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) any Borrower The Company or any Restricted Subsidiary that is a Material Significant 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 days after its issue or levy; or

Appears in 4 contracts

Samples: Letter of Credit Reimbursement Agreement (Flir Systems Inc), Credit Agreement (Flir Systems Inc), Credit Agreement (Flir Systems Inc)

Inability to Pay Debts; Attachment. (i) any Borrower The Company or any Restricted Subsidiary that is a of its Material Subsidiary 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 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) any The Borrower or any Restricted Subsidiary that is a Material Subsidiary of its Significant 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) 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) any The Borrower or any Restricted Subsidiary that is a Material Subsidiary Borrower Affiliate, or any of their respective 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 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 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, any other Borrower or any Restricted Subsidiary that is a 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 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 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) any Borrower or any Restricted Subsidiary that is a Material Subsidiary The Company 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 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) any Borrower The Company or any Restricted Subsidiary that is a Material 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 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) any Borrower or any Restricted Subsidiary that is a Material Subsidiary Any Company 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) any The Borrower or any Restricted Subsidiary that is a Material Subsidiary of its Significant 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 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) any The Borrower or any Restricted Subsidiary that is a 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 60 days after its issue or levy; or

Appears in 2 contracts

Samples: Credit Agreement (Mercury Systems Inc), Credit Agreement (Mercury Systems Inc)

Inability to Pay Debts; Attachment. (i) any The Borrower or any of its Restricted Subsidiary that is a Material Subsidiary 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 vacated, satisfied or fully bonded within thirty 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) any Holdings, the Borrower or any Restricted Subsidiary that is a of its Material Subsidiary 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 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) any Borrower The Company or any Restricted Subsidiary that is a Material Subsidiary of its Subsidiaries (other than 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 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) any Any Borrower or any Restricted Significant Subsidiary that is a Material Subsidiary (other than the 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) any Borrower The Facility Guarantor, the Company or any Restricted Subsidiary that is a Material Subsidiary of their Significant 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 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) any Borrower The Company or any Restricted Subsidiary that is a 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 the Company or such Person Material Subsidiary and is not released, vacated or fully bonded within thirty (30) days after its issue or levy; or;

Appears in 2 contracts

Samples: Term Loan Credit Agreement (Watson Pharmaceuticals Inc), Credit Agreement (Watson Pharmaceuticals Inc)

Inability to Pay Debts; Attachment. (i) any The Borrower or any Restricted Subsidiary that is a Material Subsidiary (other than Excluded 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 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, any Borrower other Credit Party or any Restricted Subsidiary that is a Material Subsidiary (other than any Non-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 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) any The Borrower or any Restricted Subsidiary that is a Material Subsidiary of its Significant 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 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) any Borrower The Company or any Restricted Subsidiary that is a 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 (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 days after its issue or levy; or

Appears in 1 contract

Samples: Credit Agreement (Ceco Environmental Corp)

Inability to Pay Debts; Attachment. (i) any Borrower The Company or any Restricted Subsidiary that is a 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 60 days after its issue or levy; or

Appears in 1 contract

Samples: Term Loan Credit Agreement (Perkinelmer Inc)

Inability to Pay Debts; Attachment. (i) any Borrower The Company or any Restricted Subsidiary that is 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 (Methode Electronics Inc)

Inability to Pay Debts; Attachment. (i) any Borrower Any Obligor or any Restricted Subsidiary that is a Material Subsidiary becomes unable or admits in writing his or its inability or fails generally to pay his or 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 Obligor or any Material Subsidiary and is not released, vacated or fully bonded within thirty 30 days after its issue or levy; or

Appears in 1 contract

Samples: Loan Agreement (Synutra International, Inc.)

Inability to Pay Debts; Attachment. (i) any The Borrower or any Restricted Significant Subsidiary that is a Material Subsidiary (other than the 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

Samples: Credit Agreement (Quanta Services, Inc.)

Inability to Pay Debts; Attachment. (i) any Any Borrower or any Restricted Significant Subsidiary that is a Material Subsidiary (other than the 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

Samples: Credit Agreement (Quanta Services, Inc.)

Inability to Pay Debts; Attachment. (i) any Borrower or any Restricted Subsidiary that is a Material Subsidiary becomes unable or The Company 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 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) any Borrower The Company or any Restricted Subsidiary, other than an Inactive Subsidiary that is a Material Subsidiary whose obligations are not Guaranteed by the Company or any other 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 (Novellus Systems Inc)

Inability to Pay Debts; Attachment. (i) any Borrower The Company or any Restricted Subsidiary that is a Material Subsidiary (other than any Inactive 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 days after its issue or levy; or

Appears in 1 contract

Samples: Credit Agreement (Omega Protein Corp)

Inability to Pay Debts; Attachment. (i) any Borrower The Company or any Restricted Subsidiary that is a Material Subsidiary (other than any 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 60 days after its issue or levy; or

Appears in 1 contract

Samples: Credit Agreement (PMC Sierra Inc)

Inability to Pay Debts; Attachment. (i) any Borrower The Company or any Restricted Subsidiary that is a 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: Credit Agreement (Bioverativ Inc.)

Inability to Pay Debts; Attachment. (i) any Borrower Company or any Restricted Subsidiary that is a Material Subsidiary of its 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 (60) 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) any Borrower The Company or any Restricted Subsidiary that is a Material Subsidiary (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 thirty 60 days after its issue or levy; or

Appears in 1 contract

Samples: Credit Agreement (Om Group Inc)

Inability to Pay Debts; Attachment. (i) any Borrower The Company or any Restricted Subsidiary that is a Material 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 60 days after its issue or levy; oror 95

Appears in 1 contract

Samples: Credit Agreement (Commercial Metals Co)

Inability to Pay Debts; Attachment. (i) any Borrower The Company becomes insolvent or any Restricted Subsidiary that is a 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) any Borrower The Company or any Restricted Subsidiary that is a 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 60 days after its issue or levy; or

Appears in 1 contract

Samples: Credit Agreement (Revvity, Inc.)

Inability to Pay Debts; Attachment. (i) any Borrower The Facility Guarantor, the Company or any Restricted Subsidiary that is a Material Subsidiary of their Significant Subsidiaries 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 days after its issue or levy; or

Appears in 1 contract

Samples: Credit Agreement (Discovery Communications, Inc.)

Inability to Pay Debts; Attachment. (i) any Borrower The Facility Guarantor, the Company or any Restricted Subsidiary that is a Material Subsidiary of their Significant 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 thirty 30 days after its issue or levy; or

Appears in 1 contract

Samples: Credit Agreement (Discovery, Inc.)

Inability to Pay Debts; Attachment. (i) any The Borrower or any Restricted Subsidiary that is a Material Subsidiary becomes generally unable (whether through lack of funding from the Borrower or otherwise) 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 days after its issue or levy; or

Appears in 1 contract

Samples: Credit Agreement (Nautilus, Inc.)

Inability to Pay Debts; Attachment. (i) The Company, any Borrower or any Restricted Subsidiary that is a 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 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 ninety days after its issue or levy; or;

Appears in 1 contract

Samples: Credit Agreement (Pulse Electronics Corp)

Inability to Pay Debts; Attachment. (i) any Borrower The Company or any Restricted Subsidiary that is a Material Subsidiary 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 thirty sixty (60) calendar days after its issue or levy; or

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Focus Financial Partners Inc.)