Inability to Pay Debts; Attachment. (i) The Borrower or any 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 33 contracts
Samples: Credit Agreement (Cavco Industries Inc.), Credit Agreement (Texas Roadhouse, Inc.), Credit Agreement (Armstrong World Industries Inc)
Inability to Pay Debts; Attachment. (i) The Borrower or any 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 4 contracts
Samples: Credit Agreement (Powerwave Technologies Inc), Credit Agreement (Planar Systems Inc), Credit Agreement (Planar Systems Inc)
Inability to Pay Debts; Attachment. (ia) The Borrower Company or any Subsidiary of its Subsidiaries becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (iib) 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: Standby Credit Facility Agreement (Z Tel Technologies Inc), Note (Z Tel Technologies Inc)
Inability to Pay Debts; Attachment. (i) The Borrower Any of the Borrower, any Significant Subsidiary or any Loan Parties that taken together would constitute a 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 (30) 45 days after its issue or levy; or
Appears in 2 contracts
Samples: Second Lien Credit Agreement (Solo Cup CO), Credit Agreement (Solo Texas, LLC)
Inability to Pay Debts; Attachment. (i) The Borrower or any Subsidiary 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 thirty (30) 30 days after its issue or levy; or
Appears in 2 contracts
Samples: Credit Agreement (Tupperware Brands Corp), Credit Agreement (Tupperware Brands Corp)
Inability to Pay Debts; Attachment. (i) The Holdings, the Borrower or any 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: Bridge Loan Agreement (Digitalnet Holdings Inc), Bridge Loan Agreement (Digitalnet Holdings Inc)
Inability to Pay Debts; Attachment. (i) The Any Borrower or any 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 Borrower or any Subsidiary Guarantor 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