Insolvency Proceeding. No insolvency proceeding of any kind, including, without limitation, bankruptcy, receivership or reorganization, and no arrangement with creditors, affecting Seller or any of its assets or properties is pending or, to Seller's knowledge, threatened, and Seller has not made any assignment for the benefit of creditors, nor taken any actions with a view to, or which would constitute the basis for, the institution of any such insolvency proceedings, nor will Seller do any such act prior to Closing.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Maxwell Technologies Inc), Asset Purchase Agreement (Titan Corp)
Insolvency Proceeding. No insolvency proceeding of any kind--------------------- character, including, without limitation, bankruptcy, receivership or receivership, reorganization, and no composition or arrangement with creditors, affecting Seller or any of its assets or properties is pending or, to Seller's knowledge, threatened, and Seller has not made any assignment for the benefit of creditors, nor taken any actions with a view to, or which would constitute the basis for, the institution of any such insolvency proceedings, nor will Seller do any such act prior to Closing.
Appears in 1 contract
Samples: Asset Purchase Agreement (Loraca International Inc)
Insolvency Proceeding. No insolvency proceeding of any kind, including, without limitation, bankruptcy, receivership or reorganization, and no arrangement with creditors, affecting Seller or any of its assets or properties is pending or, to Seller's knowledge, threatened, and Seller has not made any assignment for the benefit of creditors, nor taken any actions with a view to, or which would constitute the basis for, the institution of any such insolvency proceedings, nor will Seller do any such act prior to Closing.
Appears in 1 contract
Samples: Asset Purchase Agreement (Maxwell Technologies Inc)