Common use of Insolvency Proceedings Clause in Contracts

Insolvency Proceedings. Any corporate action, legal proceedings or other procedure or step is taken in relation to: (a) the suspension of payments, a moratorium of any indebtedness, winding-up, dissolution, administration or reorganisation (by way of voluntary arrangement, scheme of arrangement or otherwise) of any member of the Group other than a solvent liquidation or reorganisation of any member of the Group which is not the Borrower; (b) a composition, compromise, assignment or arrangement with any creditor of any member of the Group; (c) the appointment of a liquidator (other than in respect of a solvent liquidation of a member of the Group which is not the Borrower), receiver, administrative receiver, administrator, compulsory or interim manager or other similar officer in respect of any member of the Group or any of its assets; or (d) enforcement of any Security over any assets of any member of the Group, or any analogous procedure or step is taken in any jurisdiction and is not discharged or stayed within 30 days of commencement.

Appears in 6 contracts

Samples: Facility Agreement (PT Indosat TBK), Facility Agreement (PT Indosat TBK), Facility Agreement (PT Indosat TBK)

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Insolvency Proceedings. Any corporate action, legal proceedings or other procedure or step is taken in relation to: (a) the suspension of payments, a moratorium of any indebtedness, winding-up, dissolution, administration or reorganisation (by way of voluntary arrangement, scheme of arrangement or otherwise) of any member of the Group other than a solvent liquidation or reorganisation of any member of the Group which is not the Borroweran Obligor; (b) a composition, compromise, assignment or arrangement with any creditor of any member of the Group; (c) the appointment of a liquidator (other than in respect of a solvent liquidation of a member of the Group which is not the Borroweran Obligor), receiver, administrative receiver, administrator, compulsory or interim manager or other similar officer in respect of any member of the Group or any of its assets; or (d) enforcement of any Security over any assets of any member of the Group, or any analogous procedure or step is taken in any jurisdiction jurisdiction. This Clause 23.7 shall not apply to any winding-up petition which is frivolous or vexatious and is not discharged discharged, stayed or stayed dismissed within 30 14 days of commencement.

Appears in 3 contracts

Samples: Revolving Facility Agreement (StoneX Group Inc.), Usd 75,000,000 Single Currency Revolving Facility Agreement (StoneX Group Inc.), Revolving Facility Agreement (StoneX Group Inc.)

Insolvency Proceedings. Any corporate action, legal proceedings or other procedure or step is taken in relation to: (a) the suspension of payments, a moratorium of any indebtedness, winding-up, dissolution, administration or reorganisation (by way of voluntary arrangement, scheme of arrangement or otherwise) of any member of the Group other than a solvent liquidation or reorganisation of any member of the Group which is not the Borroweran Obligor; (b) a composition, compromise, assignment or arrangement with any creditor of any member of the Group; (c) the appointment of a liquidator (other than in respect of a solvent liquidation of a member of the Group which is not the Borroweran Obligor), receiver, administrator, administrative receiver, administrator, compulsory or interim manager or other similar officer in respect of any member of the Group or any of its assets; or (d) enforcement of any Security over any assets of any member of the Group, or any analogous procedure or step is taken in any jurisdiction jurisdiction. This Clause 23.7 shall not apply to any winding-up petition which is frivolous or vexatious and is not discharged discharged, stayed or stayed dismissed within 30 days of commencement.

Appears in 3 contracts

Samples: Subordinated Facility Agreement (Diana Containerships Inc.), Subordinated Facility Agreement (Diana Shipping Inc.), Facility Agreement (Diana Containerships Inc.)

Insolvency Proceedings. Any corporate action, legal proceedings or other procedure or step is taken in relation to: (a) the suspension of payments, a moratorium of any indebtedness, winding-up, dissolution, administration or reorganisation (by way of voluntary arrangement, scheme of arrangement or otherwise) of any member of the Group other than a solvent liquidation or reorganisation of any member of the Group which is not the Borroweran Obligor; (b) a composition, compromise, assignment or arrangement with any creditor of any member of the Group; (c) the appointment of a liquidator (other than in respect of a solvent liquidation of a member of the Group which is not the Borroweran Obligor), receiver, administrator, administrative receiver, administrator, compulsory or interim manager or other similar officer in respect of any member of the Group or any of its assets; or (d) enforcement of any Security over any assets of any member of the Group, or any analogous procedure or step is taken in any jurisdiction and is not discharged or stayed within 30 days of commencementjurisdiction.

Appears in 2 contracts

Samples: Term Loan Facility (Ardmore Shipping Corp), Term Loan Facility (Ardmore Shipping Corp)

Insolvency Proceedings. (a) Any corporate action, legal proceedings or other procedure or step is taken in relation to: (ai) the suspension of payments, a moratorium of any indebtedness, winding-up, dissolution, administration or reorganisation (by way of voluntary arrangement, scheme of arrangement or otherwise) of any member of the Group other than a solvent liquidation or reorganisation of any member of the Group which is not the Borroweran Obligor; (bii) a composition, compromise, assignment or arrangement with any creditor of any member of the Group; (ciii) the appointment of a liquidator (other than in respect of a solvent liquidation of a member of the Group which is not the Borroweran Obligor), receiver, administrator, administrative receiver, administrator, compulsory or interim manager or other similar officer in respect of any member of the Group or any of its assets; or (div) enforcement of any Security over any assets of any member of the Group, or any analogous procedure or step is taken in any jurisdiction jurisdiction. (b) Paragraph (a) above shall not apply to any winding-up petition which is frivolous or vexatious and is not discharged discharged, stayed or stayed dismissed within 30 14 days of commencement.

Appears in 2 contracts

Samples: Term Loan Facility (Ardmore Shipping Corp), Term Loan Facility (Ardmore Shipping Corp)

Insolvency Proceedings. Any corporate action, legal proceedings or other procedure or step is taken in relation to: (a) the suspension of payments, a moratorium of any indebtedness, winding-up, dissolution, administration or reorganisation (by way of voluntary arrangement, scheme of arrangement or otherwise) of any member of the Group other than a solvent liquidation or reorganisation of any member of the Group which is not the Borrowera Transaction Obligor; (b) a composition, compromise, assignment or arrangement with any creditor of any member of the Group; (c) the appointment of a liquidator (other than in respect of a solvent liquidation of a member of the Group which is not the Borroweran Obligor), receiver, administrator, administrative receiver, administrator, compulsory or interim manager or other similar officer in respect of any member of the Group or any of its assets; or (d) enforcement of any Security over any assets of any member of the Group, or any analogous procedure or step is taken in any jurisdiction jurisdiction. This Clause 29.8 (Insolvency proceedings) shall not apply to any winding-up petition which is frivolous or vexatious and is not discharged discharged, stayed or stayed dismissed within 30 14 days of commencement.

Appears in 2 contracts

Samples: Term Loan Facility (Dorian LPG Ltd.), Term Loan Facility (Dorian LPG Ltd.)

Insolvency Proceedings. Any corporate action, legal proceedings or other procedure or step is taken in relation to: (ai) the suspension of payments, a moratorium of any indebtedness, winding-up, dissolution, administration or reorganisation reorganization (by way of voluntary arrangement, scheme of arrangement or otherwise) of any member of the Group other than a solvent liquidation or reorganisation reorganization of any member of the Group which is not the Borrower; (bii) a composition, compromise, assignment or arrangement with any creditor of any member of the Group; (ciii) the appointment of a liquidator (other than in respect of a solvent liquidation of a member of the Group which is not the Borrower), receiver, administrative receiver, administrator, compulsory or interim manager or other similar officer in respect of any member of the Group or any of its assets; or (div) enforcement of any Security over any assets of any member of the Group, or any analogous procedure or step is taken in any jurisdiction and is not discharged or stayed within 30 days of commencement.

Appears in 2 contracts

Samples: Facility Agreement (PT Indosat TBK), Facility Agreement (PT Indosat TBK)

Insolvency Proceedings. (a) Any corporate action, legal proceedings or other procedure or step is taken in relation to: (ai) the suspension of payments, a moratorium of any indebtedness, winding-up, dissolution, administration or administration, reorganisation (by way of voluntary arrangement, scheme of arrangement or otherwise) of any member of the Group other than a solvent liquidation or reorganisation of any member of the Group which is not the Borroweran Obligor; (bii) a composition, compromise, assignment or arrangement with any creditor of any member of the Group; (ciii) the appointment of a liquidator (other than in respect of a solvent liquidation of a member of the Group which is not the Borroweran Obligor), receiver, administrative receiver, administrator, compulsory or interim manager or other similar officer in respect of any member of the Group or any of its assets; or (div) enforcement of any Security over any assets of any member of the Group, or any analogous procedure or step is taken in any jurisdiction jurisdiction. (b) Paragraph (a) above shall not apply to any action, legal proceedings or other procedure or step which is frivolous or vexatious and is not discharged discharged, stayed or stayed dismissed within 30 days 20 Business Days of commencement.

Appears in 2 contracts

Samples: Amendment and Restatement Agreement (Hamilton Insurance Group, Ltd.), Amendment and Restatement Agreement (Hamilton Insurance Group, Ltd.)

Insolvency Proceedings. Any corporate action, legal proceedings or other procedure or step is taken in relation to: (a) the suspension of payments, a moratorium of any indebtedness, winding-up, dissolution, administration administration, provisional supervision or reorganisation (by way of voluntary arrangement, scheme of arrangement or otherwise) of any member of the Group other than a solvent liquidation or reorganisation of any member of the Group which is not the a Borrower; (b) a composition, compromise, assignment or arrangement with any creditor of any member of the Group; (c) the appointment of a liquidator (other than in respect of a solvent liquidation of a member of the Group which is not the a Borrower), receiver, administrator, administrative receiver, administratorcompulsory manager, compulsory or interim manager provisional supervisor or other similar officer in respect of any member of the Group or any of its assets; or (d) enforcement of any Security over any assets of any member of the Group, or any analogous procedure or step is taken in any jurisdiction and is not discharged or stayed within 30 days of commencementjurisdiction.

Appears in 1 contract

Samples: Facility Agreement (Shanda Games LTD)

Insolvency Proceedings. Any corporate action, legal proceedings or other procedure or step is taken in relation to: (a) the suspension of payments, a moratorium of any indebtedness, winding-up, dissolution, administration or reorganisation (by way of voluntary arrangement, scheme of arrangement or otherwise) of any member of the Group other than a solvent liquidation or reorganisation of any member of the Group which is not the Borroweran Obligor; (b) a composition, compromise, assignment or arrangement with any creditor of any member of the Group; (c) the appointment of a liquidator (other than in respect of a solvent liquidation of a member of the Group which is not the Borroweran Obligor), receiver, administrator, administrative receiver, administrator, compulsory or interim manager or other similar officer in respect of any member of the Group or any of its assets; or (d) enforcement of any Security over any assets of any member of the Group, or any analogous procedure or step is taken in any jurisdiction jurisdiction. This Clause 26.7 shall not apply to any winding-up petition which is frivolous or vexatious and is not discharged discharged, stayed or stayed dismissed within 30 days of commencement.

Appears in 1 contract

Samples: Facility Agreement (Diana Containerships Inc.)

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Insolvency Proceedings. (a) Any corporate action, legal proceedings or other procedure or step is taken in relation to: (ai) the suspension of payments, a moratorium of any indebtedness, winding-up, dissolution, administration or reorganisation (by way of voluntary arrangement, scheme of arrangement or otherwise) of any member of the Group other than a solvent liquidation or reorganisation of any member of the Group which is not the Borroweran Obligor; (bii) a composition, compromise, assignment or arrangement with any creditor of any member of the Group; (ciii) the appointment of a liquidator (other than in respect of a solvent liquidation of a member of the Group which is not the Borroweran Obligor), receiver, administrator, administrative receiver, administrator, compulsory or interim manager or other similar officer in respect of any member of the Group or any of its assets; or (div) enforcement of any Security over any assets of any member of the Group, ​ ​ or any analogous procedure or step is taken in any jurisdiction jurisdiction. (b) Paragraph (a) above shall not apply to any winding-up petition which is frivolous or vexatious and is not discharged discharged, stayed or stayed dismissed within 30 14 days of commencement.

Appears in 1 contract

Samples: Term and Accordion Facilities Agreement (Ardmore Shipping Corp)

Insolvency Proceedings. Any corporate action, legal proceedings or other procedure or step is taken in relation to: (a) the suspension of payments, a moratorium of any indebtedness, winding-up, dissolution, administration or reorganisation (by way of voluntary arrangement, scheme of arrangement or otherwise) of any member of the Group other than a solvent liquidation or reorganisation of any member of the Group which is not the Borroweran Obligor; (b) a composition, compromise, assignment or arrangement with any creditor of any member of the Group; (c) the appointment of a liquidator (other than in respect of a solvent liquidation of a member of the Group which is not the Borroweran Obligor), receiver, administrative receiver, administrator, compulsory or interim manager or other similar officer in respect of any member of the Group or any of its assets; or (d) enforcement of any Security over any assets of any member of the Group, or any analogous procedure or step is taken in any jurisdiction jurisdiction. This Clause 23.7 shall not apply to any winding-up petition which is frivolous or vexatious and is not discharged discharged, stayed or stayed dismissed within 30 fourteen days of commencement.

Appears in 1 contract

Samples: Senior Reserve Base Lending Facility Agreement (Fx Energy Inc)

Insolvency Proceedings. Any corporate action, legal proceedings or other procedure or step is taken in relation to: (a) the suspension of payments, a moratorium of any indebtedness, winding-up, dissolution, administration or reorganisation (by way of voluntary arrangement, scheme of arrangement or otherwise) of any member of the Group other than a solvent liquidation or reorganisation of any member of the Group which is not the Borroweran Obligor; (b) a composition, compromise, assignment or arrangement with any creditor of any member of the Group; (c) the appointment of a liquidator (other than in respect of a solvent liquidation of a member of the Group which is not the Borroweran Obligor), receiver, administrative receiver, administrator, compulsory or interim manager or other similar officer in respect of any member of the Group or any of its assets; or (d) enforcement of any Security over any assets of any member of the Group, or any analogous procedure or step is taken in any jurisdiction jurisdiction. This Clause 23.7 shall not apply to any winding-up petition which is frivolous or vexatious and is not discharged discharged, stayed or stayed dismissed within 30 fourteen (14) days of commencement.

Appears in 1 contract

Samples: Senior Reserve Base Lending Facility Agreement (Fx Energy Inc)

Insolvency Proceedings. Any corporate action, legal proceedings or other procedure or step is taken in relation to: (a) the suspension of payments, a moratorium of any indebtedness, winding-up, dissolution, administration or reorganisation (by way of voluntary arrangement, scheme of arrangement or otherwise) of any member of the Group other than a solvent liquidation or reorganisation of any member of the Group which is not the Borroweran Obligor; (b) a composition, compromise, assignment or arrangement with any creditor of any member of the Group; (c) the appointment of a liquidator (other than in respect of a solvent liquidation of a member of the Group which is not the Borroweran Obligor), receiver, administrative receiver, administrator, compulsory or interim manager or other similar officer in respect of any member of the Group or any of its assets; or (d) enforcement of any Security over any assets of any member of the Group, or any analogous procedure or step is taken in any jurisdiction jurisdiction. This Clause 24.7 shall not apply to any winding-up petition which is frivolous or vexatious and is not discharged discharged, stayed or stayed dismissed within 30 fourteen days of commencement.

Appears in 1 contract

Samples: Multipurpose Facilities Agreement (SunOpta Inc.)

Insolvency Proceedings. Any corporate action, legal proceedings or other procedure or step is taken in relation to: (a) the suspension of payments, a moratorium of any indebtedness, winding-up, dissolution, administration or reorganisation (by way of voluntary arrangement, scheme of arrangement or otherwise) of any member of the Group other than a solvent liquidation or reorganisation of any member of the Group which is not the Borroweran Obligor; (b) a composition, compromise, assignment or arrangement with any creditor of any member of the Group; (c) the appointment of a liquidator (other than in respect of a solvent liquidation of a member of the Group which is not the Borroweran Obligor), receiver, administrator, administrative receiver, administrator, compulsory or interim manager or other similar officer in respect of any member of the Group or any of its assets; or (d) enforcement of any Security over any assets of any member of the Group, or any analogous procedure or step is taken in any jurisdiction jurisdiction. This Clause 26.9 (Insolvency proceedings) shall not apply to any winding-up petition which is frivolous or vexatious and is not discharged discharged, stayed or stayed dismissed within 30 days five Business Days of commencement.

Appears in 1 contract

Samples: Term Loan Agreement (Ocean Rig UDW Inc.)

Insolvency Proceedings. Any corporate action, legal proceedings or other procedure or step is taken in relation to: (a) the suspension of payments, a moratorium of any indebtedness, winding-up, dissolution, administration or reorganisation (by way of voluntary arrangement, scheme of arrangement or otherwise) of any member of the Group other than a solvent liquidation or reorganisation of any member of the Group which is not the Borroweran Obligor; (b) a composition, compromise, assignment or arrangement with any creditor of any member of the Group; (c) the appointment of a liquidator (other than in respect of a solvent liquidation of a member of the Group which is not the Borroweran Obligor), receiver, administrative receiver, administrator, compulsory or interim manager or other similar officer in respect of any member of the Group or any of its assets; or (d) enforcement of any Security over any assets of any member of the Group, or any analogous procedure or step is taken in any jurisdiction and is not discharged or stayed within 30 days of commencementjurisdiction.

Appears in 1 contract

Samples: Facility Agreement (Central European Media Enterprises LTD)

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