Insolvency Winding Up Etc. (i) None of the Group Companies has passed any resolution for its voluntary winding up nor is it subject to any winding up petition or analogous proceeding in its jurisdiction of incorporation or establishment.
(ii) No order has been made or petition presented for the winding up of any Group Company or for the appointment of an administrator, liquidator, receiver, administrative receiver, or a provisional liquidator to any Group Company, and no administration order has been made in respect of any Group Company.
(iii) No liquidation committee, administrator, receiver, or other manager has been appointed over the whole or part of the business or assets of any Group Company.
(iv) None of the Group Companies is “insolvent” under any of the tests set out in the PRC Enterprise Bankruptcy Law effective as of June 1, 2007 as interpreted by the PRC Supreme People’s Court.
(v) No distress, execution, or other process has been levied on any asset of any Group Company.
(vi) No meeting of the creditors of any Group Company has been held or is under contemplation.
Insolvency Winding Up Etc. 15.1 No order has been made, petition presented, resolution passed or meeting convened for the winding up of the Company and/or the Subsidiary Undertaking.
15.2 No petition has been presented for an administration order to be made in relation to the Company and/or the Subsidiary Undertaking, nor has any such order been made.
15.3 No receiver (including an administrative receiver) has been appointed of the whole or any part of any of the property, assets and/or undertaking of the Company and/or the Subsidiary Undertaking.
15.4 No composition in satisfaction of the debts of the Company and/or the Subsidiary Undertaking, or scheme of arrangement of its affairs, or compromise or arrangement between it and its creditors and/or members or any class of its creditors and/or members, has been proposed, sanctioned or approved.
15.5 No distress, distraint, charging order, garnishee order, execution or other process has been levied or applied for in respect of the whole or any part of any of the property, assets and/or undertaking of the Company and/or the Subsidiary Undertaking.
15.6 No event has occurred causing, or which upon intervention or notice by any third party may cause, any floating charge created by the Company and/or the Subsidiary Undertaking to crystallise or any charge created by it to become enforceable, nor has any such crystallisation occurred nor is such enforcement in process.
15.7 In relation to any property or assets held by the Company and/or the Subsidiary Undertaking under any hire purchase, conditional sale, chattel leasing or retention of title agreement or otherwise belonging to a third party, no event has occurred which entitles, or which upon intervention or notice by a third party may entitle, the third party to repossess the property or assets concerned or terminate the agreement or any licence in respect of the same.
15.8 Each of the Company and the Subsidiary Undertaking is able to pay its debts within the meaning of section 123(1)(e) or section 123(2) of the Insolvency Xxx 0000.
15.9 Neither the Company nor the Subsidiary Undertaking has been party to any transaction with any third party or parties which, in the event of any such third party going into liquidation or an administration order or a bankruptcy order being made in relation to it or him, would constitute (in whole or in part) a transaction at an undervalue, a preference, an invalid floating charge or an extortionate credit transaction or part of a general assignment of de...
Insolvency Winding Up Etc. 30.1 No order or application has been made or resolution passed for the winding up of the Vendors or for the appointment of a provisional liquidator to the Vendors.
30.2 No petition has been presented and no application has been made to court for an administration order in respect of the Vendors and, so far as the Vendors are aware, no notice of an intention to appoint an administrator of the Vendors have been given or filed.
30.3 No receiver or receiver and manager has been appointed of the whole or part of the Vendors’ business or assets.
30.4 No voluntary arrangement has been proposed under section 1 of the Insolvency Xxx 0000 in respect of the Vendors. No compromise or arrangement has been proposed, agreed to or sanctioned under section Part 26 of the Act in respect of the Vendors.
30.5 The Vendors are not insolvent or unable to pay its debts within the meaning of section 123 of the Insolvency Xxx 0000. The Vendors have not stopped paying its debts as they fall due.
30.6 No distress, execution or other process has been levied on any of the Assets.
30.7 There is no unsatisfied judgment or court order outstanding against the Vendors.
30.8 None of the Assets have been the subject of a transaction at an undervalue within the meaning of Part IX or Part IV of the Insolvency Xxx 0000.
30.9 So far as the Vendors are aware, no action is being taken by the registrar of companies to strike the Vendors off the register.
30.10 The Vendors have not suffered any equivalent or analogous proceedings or orders to any of those described in this paragraph 30 under the law of any jurisdiction in which the Vendors carries on business or has an asset.
Insolvency Winding Up Etc. No order or petition has been presented or resolution passed for the administration, winding-up, dissolution or liquidation of MIE or the Company and no administrator, receiver or manager has been appointed in respect thereof. Neither MIE nor the Company has commenced any other proceeding under any bankruptcy, reorganization, composition, arrangement, adjustment of debt, release of debtors, dissolution, insolvency, liquidation or similar law of any jurisdiction and there has not been commenced against MIE or the Company any such
Insolvency Winding Up Etc. No order has been made, petition filed or resolution passed for the winding up, dissolution or liquidation of the Company or for the appointment of a liquidator, custodian or trustee for all or substantially all of the property or assets of the Company or for an administrative order with respect to the Company. The Company has not commenced any other proceeding for itself under any bankruptcy, reorganization, composition, arrangement, adjustment of debt, release of debtors, dissolution, insolvency, liquidation or similar law of any jurisdiction, and there has not been commenced against the Company any such proceeding. No public auction, foreclosure, attachment, execution or other process has been levied or threatened on any assets of the Company.
Insolvency Winding Up Etc. (i) Since December 31, 2006, there has not been (i) an assignment by a CBC Group Company or, to CBC’s knowledge, a Coors Joint Venture for the benefit of creditors generally, or an admission by a CBC Group Company or a Coors Joint Venture in writing of its inability to pay its debts as they become due, (ii) a filing by a CBC Group Company or, to CBC’s knowledge, a Coors Joint Venture of a voluntary petition in bankruptcy or of any petition or answer seeking for itself any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future Law, or (iii) a filing by a CBC Group Company or, to CBC’s knowledge, a Coors Joint Venture of any answer admitting or failing to deny the material allegations of a petition filed against such CBC Group Company or Coors Joint Venture for any such relief, or seeking or consenting to or acquiescing in the appointment of any trustee, receiver or liquidator of any CBC Group Company or Coors Joint Venture or of all or any substantial part of the assets of such CBC Group Company or Coors Joint Venture, as the case may be.
(ii) There are no pending proceedings against any CBC Group Company or, to CBC’s knowledge, Coors Joint Venture seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any Law, and no trustee, receiver or liquidator of all or substantially all of the assets of any CBC Group Company has been appointed and not vacated or otherwise removed.
Insolvency Winding Up Etc. (i) Since December 31, 2006, there has not been (i) an assignment by a Mxxxxx Group Company for the benefit of creditors generally, or an admission by a Mxxxxx Group Company in writing of its inability to pay its debts as they become due, (ii) a filing by a Mxxxxx Group Company of a voluntary petition in bankruptcy or of any petition or answer seeking for itself any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future Law, or (iii) a filing by a Mxxxxx Group Company of any answer admitting or failing to deny the material allegations of a petition filed against such Mxxxxx Group Company for any such relief, or seeking or consenting to or acquiescing in the appointment of any trustee, receiver or liquidator of any Mxxxxx Group Company or of all or any substantial part of the assets of such Mxxxxx Group Company.
(ii) There are no pending proceedings against any Mxxxxx Group Company seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any Law, and no trustee, receiver or liquidator of all or substantially all of the assets of any Mxxxxx Group Company has been appointed and not vacated or otherwise removed.
Insolvency Winding Up Etc. No order or petition has been presented or resolution passed for the administration, winding-up, dissolution or liquidation of each Group Company and no administrator, receiver or manager has been appointed in respect thereof. No Group Company has commenced any other proceeding under any bankruptcy, reorganization, composition, arrangement, adjustment of debt, release of debtors, dissolution, insolvency, liquidation or similar law of any jurisdiction and there has not been commenced against the Company any such proceeding.
Insolvency Winding Up Etc. No order has been made, petition presented or resolution passed for the winding up the Company or for the appointment of a liquidator or provisional liquidator to the Company. No judicial manager, administrator, administrative receiver, receiver or receiver and manager has been appointed in relation to the Company or the whole or any part of its property, assets or undertaking, nor any notice given or petition or application filed with the court of an intention to appoint any such person. The Company has not ceased trading or stopped or suspended the payment of its debts nor received a written demand and the Company is insolvent nor unable to pay its debts as they fall due.
