Common use of Insolvency, Bankruptcy, Etc Clause in Contracts

Insolvency, Bankruptcy, Etc. Any Borrower or any other Obligor: (i) becomes unable to pay its debts when due whether or not said debts are subject to a bona fide dispute, otherwise becomes insolvent or admits in writing that it is insolvent; (ii) makes a general assignment for the benefit of creditors; (iii) makes a general assignment to an agent authorized to liquidate any substantial amount of its Property; (iv) files, or consents to the filing of, any proceeding, petition or case under any existing or future law of any jurisdiction, domestic or foreign, relating to bankruptcy, insolvency, reorganization or relief of debtors which constitutes the commencement of a case and/or constitutes an order for relief or which seeks: (1) an adjudication that any Borrower or any other Obligor (as applicable) is bankrupt or insolvent, (2) a reorganization, arrangement, winding up, liquidation, dissolution, composition or other relief with respect to the debts of any Borrower or any Guarantor (as applicable), or (3) the appointment of a receiver, trustee, custodian or other similar official for any Borrower or any other Obligor (as applicable) or any substantial portion of their respective assets; (v) has filed against it such a proceeding, petition or case if such proceeding, petition or case remains undischarged, undismissed or unbonded for sixty (60) days or results in such an adjudication, the entry of an order for such relief or such an appointment; or (vi) has filed against it any proceeding or action which seeks the issuance of a warrant of attachment, execution, distraint or similar process against any part of its assets if such proceeding or action results in the issuance of such process and such process is not vacated, discharged, stayed or fully bonded within sixty (60) days of entry thereof;

Appears in 1 contract

Samples: Loan Agreement (Reliv International Inc)

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Insolvency, Bankruptcy, Etc. Any The Borrower or any other Obligor: (i) becomes unable to pay its debts when due whether or shall not said debts are subject to a bona fide dispute, otherwise becomes insolvent or admits in writing that it is have become insolvent; (ii) makes a general or made an assignment for the benefit of creditors; (iii) makes a general assignment or failed generally to an agent authorized to liquidate any substantial amount pay its debts as they become due; or become the subject of its Property; (iv) files, or consents to the filing of, any proceeding, petition or case under any existing or future law of any jurisdiction, domestic or foreign, relating to bankruptcy, insolvency, reorganization or relief of debtors which constitutes the commencement of a case and/or constitutes an order for relief in an involuntary case under the bankruptcy laws as now or which seeks: (1) an adjudication that any Borrower or any other Obligor (as applicable) is bankrupt or insolventhereafter constituted, (2) and such order shall remain in effect and unstayed for a reorganization, arrangement, winding up, liquidation, dissolution, composition or other relief with respect to the debts period of any Borrower or any Guarantor (as applicable), or (3) the appointment of a receiver, trustee, custodian or other similar official for any Borrower or any other Obligor (as applicable) or any substantial portion of their respective assets; (v) has filed against it such a proceeding, petition or case if such proceeding, petition or case remains undischarged, undismissed or unbonded for sixty (60) days or results in such an adjudication, the entry of an order for such relief or such an appointmentconsecutive days; or (vi) has commenced a voluntary case under the bankruptcy laws as now or hereafter constituted; or filed any petition or answer seeking for itself any arrangement, composition, adjustment, liquidation, dissolution or similar relief to which it may be entitled under any present or future statute, law or regulation; or filed any answer admitting the material allegations of any petition filed against it in any proceeding such proceedings; or action which seeks sought or consented to or acquiesced in the issuance appointment of, or taking possession by, any custodian, trustee, receiver or liquidator of it or of all or a warrant of attachment, execution, distraint or similar process against any substantial part of its assets if such proceeding properties or assets; or taken any action results in the issuance of such process and such process is not vacated, discharged, stayed looking to its dissolution or fully bonded liquidation; or within sixty (60) days after commencement of entry thereof;any proceedings against it seeking any arrangement, composition, adjustment, liquidation, dissolution or similar relief to which it may be entitled under any present or future statute, law or regulation, such proceeding shall not have been dismissed; or within sixty (60) days after the appointment of, or taking possession by, any custodian, trustee, receiver or liquidator of any or of all or a substantial part of its properties or assets, without its consent or acquiescence, any such appointment or possession shall not have been vacated or terminated.]

Appears in 1 contract

Samples: Credit Agreement (Pacific Office Properties Trust, Inc.)

Insolvency, Bankruptcy, Etc. Any The Borrower or any other Obligor: (i) becomes unable to pay its debts when due whether or shall not said debts are subject to a bona fide dispute, otherwise becomes insolvent or admits in writing that it is have become insolvent; (ii) makes a general or made an assignment for the benefit of creditors; (iii) makes a general assignment or failed generally to an agent authorized to liquidate any substantial amount pay its debts as they become due; or become the subject of its Property; (iv) files, or consents to the filing of, any proceeding, petition or case under any existing or future law of any jurisdiction, domestic or foreign, relating to bankruptcy, insolvency, reorganization or relief of debtors which constitutes the commencement of a case and/or constitutes an order for relief in an involuntary case under the bankruptcy laws as now or which seeks: (1) an adjudication that any Borrower or any other Obligor (as applicable) is bankrupt or insolventhereafter constituted, (2) and such order shall remain in effect and unstayed for a reorganization, arrangement, winding up, liquidation, dissolution, composition or other relief with respect to the debts period of any Borrower or any Guarantor (as applicable), or (3) the appointment of a receiver, trustee, custodian or other similar official for any Borrower or any other Obligor (as applicable) or any substantial portion of their respective assets; (v) has filed against it such a proceeding, petition or case if such proceeding, petition or case remains undischarged, undismissed or unbonded for sixty (60) days or results in such an adjudication, the entry of an order for such relief or such an appointmentconsecutive days; or (vi) has commenced a voluntary case under the bankruptcy laws as now or hereafter constituted; or filed any petition or answer seeking for itself any arrangement, composition, adjustment, liquidation, dissolution or similar relief to which it may be entitled under any present or future statute, law or regulation; or filed any answer admitting the material allegations of any petition filed against it in any proceeding such proceedings; or action which seeks sought or consented to or acquiesced in the issuance appointment of, or taking possession by, any custodian, trustee, receiver or liquidator of it or of all or a warrant of attachment, execution, distraint or similar process against any substantial part of its assets if such proceeding properties or assets; or taken any action results in the issuance of such process and such process is not vacated, discharged, stayed looking to its dissolution or fully bonded liquidation; or within sixty (60) days after com­mencement of entry thereof;any proceedings against it seeking any arrangement, composition, adjustment, liquidation, dissolution or similar relief to which it may be entitled under any present or future statute, law or regulation, such proceeding shall not have been dismissed; or within sixty (60) days after the appointment of, or taking possession by, any custodian, trustee, receiver or liquidator of any or of all or a substantial part of its properties or assets, without its consent or acquiescence, any such appointment or possession shall not have been vacated or terminated.

Appears in 1 contract

Samples: Credit Agreement (Pacific Office Properties Trust, Inc.)

Insolvency, Bankruptcy, Etc. Any The Borrower or any other Obligor: (i) becomes unable to pay its debts when due whether or not said debts are subject to a bona fide dispute, otherwise becomes insolvent or admits in writing that it is shall have become insolvent; (ii) makes a general or made an assignment for the benefit of creditors; (iii) makes a general assignment or failed generally to an agent authorized to liquidate any substantial amount pay its debts as they become due; or become the subject of its Property; (iv) files, or consents to the filing of, any proceeding, petition or case under any existing or future law of any jurisdiction, domestic or foreign, relating to bankruptcy, insolvency, reorganization or relief of debtors which constitutes the commencement of a case and/or constitutes an order for relief in an involuntary case under the bankruptcy laws as now or which seeks: (1) an adjudication that any Borrower or any other Obligor (as applicable) is bankrupt or insolventhereafter constituted, (2) and such order shall remain in effect and unstayed for a reorganization, arrangement, winding up, liquidation, dissolution, composition or other relief with respect to the debts period of any Borrower or any Guarantor (as applicable), or (3) the appointment of a receiver, trustee, custodian or other similar official for any Borrower or any other Obligor (as applicable) or any substantial portion of their respective assets; (v) has filed against it such a proceeding, petition or case if such proceeding, petition or case remains undischarged, undismissed or unbonded for sixty (60) days or results in such an adjudication, the entry of an order for such relief or such an appointmentconsecutive days; or (vi) has commenced a voluntary case under the bankruptcy laws as now or hereafter constituted; or filed any petition or answer seeking for itself any arrangement, composition, adjustment, liquidation, dissolution or similar relief to which it may be entitled under any present or future statute, law or regulation; or filed any answer admitting the material allegations of any petition filed against it in any proceeding such proceedings; or action which seeks sought or consented to or acquiesced in the issuance appointment of, or taking possession by, any custodian, trustee, receiver or liquidator of it or of all or a warrant of attachment, execution, distraint or similar process against any substantial part of its assets if such proceeding properties or assets; or taken any action results in the issuance of such process and such process is not vacated, discharged, stayed looking to its dissolution or fully bonded liquidation; or within sixty (60) days after commencement of entry thereof;any proceedings against it seeking any arrangement, composition, adjustment, liquidation, dissolution or similar relief to which it may be entitled under any present or future statute, law or regulation, such proceeding shall not have been dismissed; or within sixty (60) days after the appointment of, or taking possession by, any custodian, trustee, receiver or liquidator of any or of all or a substantial part of its properties or assets, without its consent or acquiescence, any such appointment or possession shall not have been vacated or terminated.

Appears in 1 contract

Samples: Loan Agreement (Maui Land & Pineapple Co Inc)

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Insolvency, Bankruptcy, Etc. Any Borrower or any other Obligor: (i) becomes unable to pay its debts when due whether or not said debts are subject to a bona fide disputeNeither the Borrower, otherwise becomes insolvent or admits in writing that it is the Limited Guarantor nor the Guarantor shall have become insolvent; (ii) makes a general or made an assignment for the benefit of creditors; (iii) makes a general assignment or failed generally to an agent authorized to liquidate any substantial amount pay its debts as they become due; or become the subject of its Property; (iv) files, or consents to the filing of, any proceeding, petition or case under any existing or future law of any jurisdiction, domestic or foreign, relating to bankruptcy, insolvency, reorganization or relief of debtors which constitutes the commencement of a case and/or constitutes an order for relief in an involuntary case under the bankruptcy laws as now or which seeks: (1) an adjudication that any Borrower or any other Obligor (as applicable) is bankrupt or insolventhereafter constituted, (2) and such order shall remain in effect and unstayed for a reorganization, arrangement, winding up, liquidation, dissolution, composition or other relief with respect to the debts period of any Borrower or any Guarantor (as applicable), or (3) the appointment of a receiver, trustee, custodian or other similar official for any Borrower or any other Obligor (as applicable) or any substantial portion of their respective assets; (v) has filed against it such a proceeding, petition or case if such proceeding, petition or case remains undischarged, undismissed or unbonded for sixty (60) days or results in such an adjudication, the entry of an order for such relief or such an appointmentconsecutive days; or (vi) has commenced a voluntary case under the bankruptcy laws as now or hereafter constituted; or filed any petition or answer seeking for itself any arrangement, composition, adjustment, liquidation, dissolution or similar relief to which it may be entitled under any present or future statute, law or regulation; or filed any answer admitting the material allegations of any petition filed against it in any proceeding such proceedings; or action which seeks sought or consented to or acquiesced in the issuance appointment of, or taking possession by, any custodian, trustee, receiver or liquidator of it or of all or a warrant of attachment, execution, distraint or similar process against any substantial part of its assets if such proceeding properties or assets; or taken any action results in the issuance of such process and such process is not vacated, discharged, stayed looking to its dissolution or fully bonded liquidation; or within sixty (60) days after commencement of entry thereof;any proceedings against it seeking any arrangement, composition, adjustment, liquidation, dissolution or similar relief to which it may be entitled under any present or future statute, law or regulation, such proceeding shall not have been dismissed; or within sixty (60) days after the appointment of, or taking possession by, any custodian, trustee, receiver or liquidator of any or of all or a substantial part of its properties or assets, without its consent or acquiescence, any such appointment or possession shall not have been vacated or terminated.

Appears in 1 contract

Samples: Loan Agreement (Turn Works Acquisition Iii Sub a Inc)

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