Inability to Pay. Any Borrower or any Guarantor shall admit in writing its inability, or be generally unable, to pay its debts as they become due or cease operations of its present business;
Appears in 40 contracts
Samples: Revolving Credit and Security Agreement (Virco MFG Corporation), Revolving Credit and Security Agreement (Virco MFG Corporation), Revolving Credit and Security Agreement (SMTC Corp)
Inability to Pay. Any Borrower or any Guarantor shall admit in writing its inability, or be generally unable, to pay its debts as they become due or cease operations of its present business;
Appears in 10 contracts
Samples: Revolving Credit and Security Agreement (ARKO Corp.), Revolving Credit and Security Agreement (ARKO Corp.), Revolving Credit and Security Agreement (ARKO Corp.)
Inability to Pay. Any Borrower or any Guarantor shall admit in writing its inability, or be generally unable, to pay its debts as they become due or cease operations of its present business;
Appears in 5 contracts
Samples: Revolving Credit and Security Agreement (Goodman Networks Inc), Revolving Credit and Term Loan Agreement (Hudson Technologies Inc /Ny), Revolving Credit and Security Agreement (Union Drilling Inc)
Inability to Pay. Any Borrower Borrower, Guarantor, or any Guarantor of their respective Subsidiaries shall admit in writing its inability, or be generally unable, to pay its debts as they become due or cease operations of its present businessbusiness unless such ceased operations are assumed by another Borrower, Guarantor, or their respective Subsidiaries;
Appears in 3 contracts
Samples: Revolving Credit, Term Loan, Guaranty, and Security Agreement (Rocky Brands, Inc.), Revolving Credit, Guaranty, and Security Agreement (Rocky Brands, Inc.), Revolving Credit, Guaranty, and Security Agreement (Rocky Brands, Inc.)
Inability to Pay. Any Borrower Borrower, CMP or any Guarantor shall admit in writing its inability, or be generally unable, to pay its debts as they become due or cease operations of its present business;
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement (TCP International Holdings Ltd.), Revolving Credit and Security Agreement (TCP International Holdings Ltd.)
Inability to Pay. Any Borrower or any Guarantor or any Subsidiary of a Borrower shall admit in writing its inability, or be generally unable, to pay its debts as they become due or cease operations of its present business;
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Intcomex, Inc.)
Inability to Pay. Any Borrower or any Guarantor shall call a meeting of its creditors, admit in writing its inability, or be generally unable, to pay its debts as they become due or cease operations of its present business;
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Presstek Inc /De/)
Inability to Pay. Any Borrower or Guarantor or any Subsidiary of a Guarantor shall admit in writing its inability, or be generally unable, to pay its debts as they become due or cease operations of its present business;
Appears in 1 contract
Samples: Revolving Credit, Term Loan and Security Agreement (Absolute Life Solutions, Inc.)
Inability to Pay. Any Borrower Borrower, CMP or any Guarantor shall admit in writing its inability, or be generally unable, to pay its debts as they become due or cease operations of its present business;
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (TCP International Holdings Ltd.)
Inability to Pay. Any Borrower Borrowers or any Guarantor shall admit in writing its inability, or be generally unable, to pay its debts as they become due or cease operations of its present business;
Appears in 1 contract
Samples: Term Loan Credit and Security Agreement (Hudson Technologies Inc /Ny)
Inability to Pay. Any Borrower or any Guarantor (excluding the Ampersand Guarantors) shall admit in writing its inability, or be generally unable, to pay its debts as they become due or cease operations of its present business;
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Avatech Solutions Inc)
Inability to Pay. Any Borrower or any Guarantor or any Subsidiary of Borrower shall admit in writing its inability, or be generally unable, to pay its debts as they become due or cease operations of its present business;
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Apac Customer Service Inc)
Inability to Pay. Any Borrower or any Guarantor shall admit in writing its inability, or be generally unable, to pay its debts as they become due or cease (other than in connection with a merger permitted by Section 7.1) operations of its present business;
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Hutchinson Technology Inc)
