Insolvency, Etc. Borrower or any Subsidiary shall (i) make a general assignment for the benefit of its creditors or (ii) consent to the appointment of or taking possession by a receiver, liquidator, assignee, trustee, or custodian of all or a substantial part of the property of Borrower or any Subsidiary, as the case may be, or (iii) admit its insolvency or inability to pay its debts generally as they become due, or (iv) fail generally to pay its debts as they become due, or (v) take any action (or suffer any action to be taken by its directors or shareholders) looking to the dissolution or liquidation of Borrower or any Subsidiary, as the case may be; or
Appears in 4 contracts
Samples: Credit Agreement (Flow International Corp), Credit Agreement (Flow International Corp), Credit Agreement (Flow International Corp)
Insolvency, Etc. The Borrower or any Subsidiary of Borrower's Subsidiaries shall (i) make a general assignment for the benefit of its creditors or (ii) consent to the appointment of or taking possession by a receiver, liquidator, assignee, trustee, or custodian of all or a substantial part of the property of the Borrower or any Subsidiary, as the case may be, or (iii) admit its insolvency or inability to pay its debts generally as they become due, or (iv) fail generally to pay its debts as they become due, or (v) take any action (or suffer any action to be taken by its directors or shareholders) looking to the dissolution or liquidation of the Borrower or any Subsidiary, as the case may beof Borrower's Subsidiaries; or
Appears in 2 contracts
Samples: Extended Revolving Credit Agreement (Costco Wholesale Corp /New), Short Term Revolving Credit Agreement (Costco Wholesale Corp /New)
Insolvency, Etc. Borrower or any Subsidiary shall (i) make a general assignment for the benefit of its creditors or (ii) consent to the appointment of or taking possession by a receiver, liquidator, assignee, trustee, or custodian of all or a substantial part of the property of Borrower or any Subsidiary, as the case may be, or (iii) admit in writing its insolvency or inability to pay its debts generally as they become due, or (iv) fail generally to pay its debts as they become due, or (v) take any action (or suffer any action to be taken by its directors or shareholders) looking to the dissolution or liquidation of Borrower or any Subsidiary, as the case may be; or
Appears in 2 contracts
Samples: Credit Agreement (Micron Electronics Inc), Credit Agreement (Micron Electronics Inc)
Insolvency, Etc. Borrower or any Relevant Subsidiary shall (i) make a general assignment for the benefit of its creditors or (ii) consent to the appointment of or taking possession by a receiver, liquidator, assignee, trustee, or custodian of all or a substantial part of the property of Borrower or any Relevant Subsidiary, as the case may be, or (iii) admit its insolvency or inability to pay its debts generally as they become due, or (iv) fail generally to pay its debts as they become due, or (v) take any action (or suffer any action to be taken by its directors or shareholders) looking to the dissolution or liquidation of Borrower or, looking to the dissolution or liquidation of any Subsidiary, as the case may be; orRelevant Subsidiary if such dissolution or liquidation would have a Material Adverse Effect.
Appears in 2 contracts
Samples: Loan Agreement (Shurgard Storage Centers Inc), Loan Agreement (Shurgard Storage Centers Inc)
Insolvency, Etc. Borrower Borrowers or any Subsidiary shall (i) make a general assignment for the benefit of its creditors or (ii) consent to the appointment of or taking possession by a receiver, liquidator, assignee, trustee, or custodian of all or a substantial part of the property of Borrower Borrowers or any Subsidiary, as the case may be, or (iii) admit its insolvency or inability to pay its debts generally as they become due, or (iv) fail generally to pay its debts as they become due, or (v) take any action (or suffer any action to be taken by its directors or shareholders) looking to the dissolution or liquidation of Borrower Borrowers or any Subsidiary, as the case may be; or
Appears in 2 contracts
Samples: Loan Agreement (Northwest Pipe Co), Loan Agreement (Northwest Pipe Co)
Insolvency, Etc. Borrower The Borrower, or any Subsidiary Subsidiary, shall (ia) make a general assignment for the benefit of its creditors creditors, or (iib) consent to the appointment of of, or taking of possession by by, a receiver, liquidator, assignee, trustee, or custodian of all or a substantial part of the property of the Borrower or any Subsidiary, as the case may be, or (iiic) admit its insolvency or inability to pay its debts generally as they become due, or (ivd) fail generally to pay its debts as they become due, or (ve) take any action (or suffer any action to be taken by its directors or shareholders) looking to the dissolution or liquidation of the Borrower or any such Subsidiary (other than a voluntary liquidation, by the Borrower, of a Subsidiary, as the case may be); or
Appears in 1 contract
Samples: Revolving Credit Agreement (Hollywood Entertainment Corp)
Insolvency, Etc. Borrower Servicer or any Affiliate or Subsidiary thereof shall (i) make a general assignment for the benefit of its creditors or (ii) consent to the appointment of or taking possession by a receiver, liquidator, assignee, trustee, or custodian of all or a substantial part of the property of Borrower Servicer or any Subsidiary, as the case may beAffiliate or Subsidiary thereof, or (iii) admit its insolvency or inability liability to pay its debts generally as they become due, or (iv) fail generally to pay its debts as they become due, or (v) take any action (or suffer any action to be taken by its directors or shareholders) looking to the dissolution or liquidation of Borrower Servicer or any Subsidiary, as the case may beAffiliate or Subsidiary thereof; or
Appears in 1 contract
Samples: Loan Purchase and Servicing Agreement (United Grocers Inc /Or/)
Insolvency, Etc. Borrower Seller, Unified or any Subsidiary thereof shall (i) make a general assignment for the benefit of its creditors or (ii) consent to the appointment of or taking possession by a receiver, liquidator, assignee, trustee, or custodian of all or a substantial part of the property of Borrower Seller, Unified or any Subsidiary, as the case may beSubsidiary thereof, or (iii) admit its insolvency or inability to pay its debts generally as they become due, or (iv) fail generally to pay its debts as they become due, or (v) take any action (or suffer any action to be taken by its directors or shareholders) looking to towards the dissolution or liquidation of Borrower Seller, Unified or any Subsidiary, as the case may beSubsidiary thereof; or
Appears in 1 contract
Samples: Loan Purchase and Servicing Agreement (Unified Western Grocers Inc)
Insolvency, Etc. Borrower or any Subsidiary shall (i) make a general assignment for the benefit of its creditors or (ii) consent to the appointment of or taking possession by a receiver, liquidator, assignee, trustee, or custodian of all or a substantial part of the property of Borrower or any Subsidiary, as the case may be, or (iii) admit its insolvency or inability to pay its debts generally as they become due, or (iv) fail generally to pay its debts as they become due, or (v) take any action (or suffer any action to be taken by its directors or shareholders) looking to the dissolution or liquidation of Borrower or any Subsidiary, as the case may be; or
Appears in 1 contract
Samples: Loan Agreement (Itron Inc /Wa/)
Insolvency, Etc. Borrower The Borrower, or any Subsidiary Material Subsidiary, shall (ia) make a general assignment for the benefit of its creditors creditors, or (iib) consent to the appointment of of, or taking of possession by by, a receiver, liquidator, assignee, trustee, or custodian of all or a substantial part of the property of the Borrower or any Material Subsidiary, as the case may be, or (iiic) admit its insolvency or inability to pay its debts generally as they become due, or (ivd) fail generally to pay its debts as they become due, or (ve) take any action (or suffer any action to be taken by its directors or shareholders) looking to the dissolution or liquidation of the Borrower or any such Material Subsidiary (other than a voluntary liquidation, by the Borrower, of a Material Subsidiary, as the case may be); or
Appears in 1 contract
Samples: Revolving Credit Agreement (Hollywood Entertainment Corp)
Insolvency, Etc. Borrower Seller, Unified or any Subsidiary thereof shall (i) make a general assignment for the benefit of its creditors or (ii) consent to the appointment of or taking possession by a receiver, liquidator, assignee, trustee, or custodian of all or a substantial part of the property of Borrower Seller, Unified or any Subsidiary, as the case may beSubsidiary thereof, or (iii) admit its insolvency or inability liability to pay its debts generally as they become due, or (iv) fail generally to pay its debts as they become due, or (v) take any action (or suffer any action to be taken by its directors or shareholders) looking to the dissolution or liquidation of Borrower Seller, Unified or any Subsidiary, as the case may beSubsidiary thereof; or
Appears in 1 contract
Samples: Loan Purchase and Servicing Agreement (Unified Western Grocers Inc)