Common use of Involuntary Bankruptcy; Appointment of Receiver, Etc Clause in Contracts

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company or Holdings in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdings, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdings, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or

Appears in 27 contracts

Samples: Credit Agreement (Enova International, Inc.), Credit Agreement (Enova International, Inc.), Credit Agreement (Enova International, Inc.)

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Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or

Appears in 18 contracts

Samples: Financing Agreement (Usa Technologies Inc), Financing Agreement (EVO Transportation & Energy Services, Inc.), Financing Agreement (Metalico Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company Holdings or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company Holdings or Holdings any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company Holdings or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company Holdings or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company Holdings or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or

Appears in 18 contracts

Samples: Credit and Guaranty Agreement (Primo Water Corp), Credit and Guaranty Agreement (Vertex Energy Inc.), Credit and Guaranty Agreement (Douglas Dynamics, Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company any Credit Party or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company any Credit Party or Holdings any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company any Credit Party or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company any Credit Party or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company any Credit Party or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or

Appears in 15 contracts

Samples: Credit Agreement (FutureFuel Corp.), Credit Agreement (Hibbett Inc), Credit Agreement (Computer Programs & Systems Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company or Holdings any Loan Party in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted without stay under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings any Loan Party under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany Loan Party, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any Loan Party for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany Loan Party, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or

Appears in 14 contracts

Samples: Senior Secured Credit Agreement (Bright Mountain Media, Inc.), Senior Secured Credit Agreement (Bright Mountain Media, Inc.), Senior Secured Credit Agreement (Bright Mountain Media, Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or

Appears in 14 contracts

Samples: Junior Subordinated Loan Agreement (Falcon Financial Investment Trust), Senior Subordinated Loan Agreement (Falcon Financial Investment Trust), Credit Agreement (Mitel Corp)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectDebtor Relief Law, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings under the Bankruptcy Code or any of its Subsidiaries under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectDebtor Relief Law; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or

Appears in 10 contracts

Samples: Note Purchase Agreement (Capstone Green Energy Corp), Master Note Purchase Agreement (Ontrak, Inc.), Master Note Purchase Agreement (Ontrak, Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or or (ii) an involuntary case shall be commenced against Company or Holdings any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or

Appears in 9 contracts

Samples: Credit Agreement (Ruths Hospitality Group, Inc.), Credit Agreement (Ruths Chris Steak House, Inc.), Credit Agreement (Ruths Chris Steak House, Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief (other than a decree or order described in clause (ii)) in respect of Company or Holdings any Credit Party in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; , or (ii) an involuntary case shall be commenced against Company or Holdings any Credit Party under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdings, or over all or a substantial part of its respective property, such Credit Party shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingssuch Credit Party, and any such event described in this clause (ii) shall continue for sixty thirty (6030) days without having been dismissed, bonded or discharged; or

Appears in 9 contracts

Samples: Revolving Credit Agreement (OppFi Inc.), Revolving Credit Agreement (OppFi Inc.), Revolving Credit Agreement (OppFi Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company or Holdings any of their Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or or (ii) an An involuntary case shall be commenced against Holdings, Company or Holdings any of their Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company or Holdingsany of their Material Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, Company or Holdings any of their Material Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company or Holdingsany of their Material Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or

Appears in 8 contracts

Samples: Credit Agreement (IntraLinks Holdings, Inc.), First Lien Credit Agreement (SafeNet Holding Corp), Second Lien Credit Agreement (SafeNet Holding Corp)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company or Holdings any Loan Party in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or or (ii) an involuntary case shall be commenced against Company or Holdings any Loan Party under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany Loan Party, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any Loan Party for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany Loan Party, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or

Appears in 8 contracts

Samples: Loan Agreement (Hexcel Corp /De/), Credit Agreement (Hexcel Corp /De/), Credit Agreement (Globe Specialty Metals Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i1) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company or Holdings any Credit Party in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii2) an involuntary case shall be commenced against Company or Holdings under the Bankruptcy Code or any Credit Party under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany Credit Party, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any Credit Party for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany Credit Party, and any such event described in this clause (iie) shall continue for sixty (60) 60 days without having been dismissed, bonded or discharged; or

Appears in 7 contracts

Samples: Credit Agreement (Kennedy Lewis Capital Co), Credit Agreement (Kennedy Lewis Capital Co), Credit Agreement (Apollo Debt Solutions BDC)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company Holdings or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company Holdings or Holdings any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company Holdings or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company Holdings or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company Holdings or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been dismissed, bonded or discharged; or

Appears in 7 contracts

Samples: Credit Agreement (Douglas Dynamics, Inc), Credit Agreement (Douglas Dynamics, Inc), Credit Agreement (Douglas Dynamics, Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (ia) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company or Holdings any Obligor in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (iib) an involuntary case shall be commenced against Company or Holdings any Obligor under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effecteffect and any such event described in this clause (b) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or (c) a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany Obligor, or over all or a substantial part of its respective property, shall have been entered; , or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any Obligor for all or a substantial part of its respective property; , or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdings, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; orObligor.

Appears in 6 contracts

Samples: Loan Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Loan Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Loan Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company the Borrower or Holdings any Material Subsidiary in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectlaw, which decree or order is shall not be stayed; or any other similar relief shall be granted under any applicable federal Federal or state law; or (ii) an involuntary case shall be commenced against Company the Borrower or Holdings any Material Subsidiary under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectlaw; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company the Borrower or Holdingsany Material Subsidiary, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company the Borrower or Holdings any Material Subsidiary for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company the Borrower or Holdings, any Material Subsidiary; and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been dismissed, bonded or discharged; or;

Appears in 6 contracts

Samples: Credit Agreement, Credit Agreement (Facebook Inc), Term Loan Agreement (Facebook Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company the Borrower or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state lawLaw; or (ii) an involuntary case shall be commenced against Company the Borrower or Holdings under the Bankruptcy Code or any of its Subsidiaries under any other applicable bankruptcy, insolvency or similar law Debtor Relief Law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company the Borrower or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company the Borrower or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company the Borrower or Holdingsany of its Subsidiaries, and any such event described in this clause (i) and (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or

Appears in 4 contracts

Samples: First Lien Credit and Guaranty Agreement (Airbnb, Inc.), Second Lien Credit and Guaranty Agreement (Airbnb, Inc.), First Lien Credit and Guaranty Agreement (Airbnb, Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company or Holdings Seller in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings Seller under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or HoldingsSeller, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings Seller for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or HoldingsSeller, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or

Appears in 4 contracts

Samples: Credit Agreement (FlexShopper, Inc.), Omnibus Amendment (FlexShopper, Inc.), Credit Agreement (FlexShopper, Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company or Holdings any Loan Party in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings any Loan Party under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany Loan Party, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any Loan Party for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany Loan Party, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or

Appears in 4 contracts

Samples: Senior Secured Credit Agreement (NXT-Id, Inc.), Senior Secured Credit Agreement (U.S. Well Services, Inc.), Second Lien Credit Agreement (U.S. Well Services, Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings any of its material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or

Appears in 4 contracts

Samples: Credit Agreement (Atlas Air Inc), Credit Agreement (Atlas Air Inc), Credit Agreement (Atlas Air Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company or Holdings any Note Party in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings any Note Party under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany Note Party, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any Note Party for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany Note Party, and any such event described in this clause (ii)) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or

Appears in 4 contracts

Samples: Note Purchase Agreement (Energy & Exploration Partners, Inc.), Note Purchase Agreement (Energy & Exploration Partners, Inc.), Note Purchase Agreement (Energy & Exploration Partners, Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company any Borrower or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, Insolvency Laws which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state lawInsolvency Laws; or (ii) an involuntary case shall be commenced against Company any Borrower or Holdings any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectInsolvency Laws; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company any Borrower or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company any Borrower or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company any Borrower or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or

Appears in 4 contracts

Samples: Credit Agreement (Hines Holdings Inc), Credit Agreement (Hines Horticulture Inc), Credit Agreement (Hines Horticulture Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of the Company or Holdings any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectDebtor Relief Law, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal federal, state or state foreign law; or (ii) an involuntary case shall be commenced against the Company or Holdings under the Bankruptcy Code or any of its Material Subsidiaries under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectDebtor Relied Law; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company or Holdingsany of its Material Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company or Holdings any of its Material Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Company or Holdingsany of its Material Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been dismissed, bonded unless dismissed or discharged; or

Appears in 3 contracts

Samples: Credit Agreement (Amphenol Corp /De/), Credit Agreement (Amphenol Corp /De/), Credit Agreement (Amphenol Corp /De/)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of the Company or Holdings any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Law now or hereafter in effect, which decree or order is not stayed; , or (ii) any other similar relief shall be granted under any applicable federal or state lawor applicable foreign Law; or (ii) a petition for an involuntary case shall be commenced filed against the Company or Holdings under the Bankruptcy Code or any of its Material Subsidiaries under any other applicable bankruptcy, insolvency or similar law Debtor Relief Law now or hereafter in effect; effect or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company or Holdingsany of its Material Subsidiaries, or over all or a substantial part substantially all of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company or Holdings any of its Material Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part substantially all of the property of the Company or Holdings, any of its Material Subsidiaries shall be appointed involuntarily; and the continuance of any such event described events in this clause (ii) shall continue for sixty (60) 45 days without having been unless dismissed, bonded or discharged; or

Appears in 3 contracts

Samples: Credit Agreement (Mattel Inc /De/), Credit Agreement (Mattel Inc /De/), Credit Agreement (Mattel Inc /De/)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company any Credit Party or Holdings any of their respective Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company any Credit Party or Holdings any of their respective Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company any Credit Party or Holdingsany of their respective Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company any Credit Party or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company any Credit Party or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or

Appears in 3 contracts

Samples: Credit Agreement (Ebix Inc), Credit Agreement (Ebix Inc), Credit Agreement (Ebix Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company or Holdings Borrower in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings Borrower under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or HoldingsBorrower, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings Borrower for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or HoldingsBorrower, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or

Appears in 3 contracts

Samples: Credit Agreement (Atlas Air Inc), Credit Agreement (Apollo Real Estate Investment Fund Ii L P), Credit Agreement (Atlas Air Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 45 days without having been unless dismissed, bonded bonded, discharged or dischargedstayed; or

Appears in 3 contracts

Samples: Credit Agreement (Players International Inc /Nv/), Credit Agreement (Players International Inc /Nv/), Credit Agreement (Players International Inc /Nv/)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayedcontroverted within 30 days or remains unstayed or undischarged for a period of 60 days; or any other similar relief shall be granted under any applicable federal or state law; or or (ii) an involuntary case shall be commenced against Holdings, Company or Holdings any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdings, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, Company or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or

Appears in 3 contracts

Samples: Credit Agreement (Panolam Industries International Inc), Credit Agreement (Panolam Industries International Inc), Second Lien Credit Agreement (Panolam Industries International Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company the Borrower or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company the Borrower or Holdings under the Bankruptcy Code or any of its Subsidiaries under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company the Borrower or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company the Borrower or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company the Borrower or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or

Appears in 3 contracts

Samples: Credit Agreement (Leonardo DRS, Inc.), Bridge Credit and Guaranty Agreement (Leonardo DRS, Inc.), Credit Agreement (Leonardo DRS, Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company any Credit Party or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect, which decree or order is not stayed; , or any other similar relief shall be granted under any applicable federal or state law; or or (iiA) an involuntary case shall be commenced against Company any Credit Party or Holdings any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect; or ; (B) a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company any Credit Party or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or ; (C) there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company any Credit Party or Holdings any of its Subsidiaries for all all, or a substantial part part, of its respective property; or or (D) a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company any Credit Party or Holdings, any of its Subsidiaries; and any such event described in this clause (iif)(ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or;

Appears in 3 contracts

Samples: Credit Agreement (Heritage Insurance Holdings, Inc.), Credit Agreement (Heritage Insurance Holdings, Inc.), Credit Agreement (Heritage Insurance Holdings, Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a final decree or order for relief in respect of Company or Holdings any Loan Party in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings any Loan Party under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany Loan Party, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any Loan Party for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany Loan Party, and any such event described in this clause (ii) shall continue for sixty (60) forty-five days without having been stayed, dismissed, bonded or discharged; or

Appears in 3 contracts

Samples: Amendment and Restatement Agreement (Metropcs Communications Inc), Amendment and Restatement Agreement (Metropcs Communications Inc), Credit Agreement (Metropcs Communications Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company Xxxxxxxx, Mortgagor, Guarantor or Holdings any of their respective Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable U.S. federal or state law; or (ii) an involuntary case shall be commenced against Company Borrower, Mortgagor, Guarantor or Holdings any of their respective Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company Xxxxxxxx, Mortgagor, Guarantor or Holdingsany of their respective Subsidiaries, or over all or a substantial part of its respective their property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company Xxxxxxxx, Mortgagor, Guarantor or Holdings any of their respective Subsidiaries for all or a substantial part of its respective their property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company Borrower, Mortgagor, Guarantor or Holdingsany of their respective Subsidiaries, and any such event described in this clause (ii) shall continue for sixty thirty (6030) days without having been dismissed, bonded or discharged; or;

Appears in 3 contracts

Samples: Credit Agreement (Greystone Housing Impact Investors LP), Credit Agreement (Greystone Housing Impact Investors LP), Credit Agreement (Greystone Housing Impact Investors LP)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company or Holdings any Material Domestic Subsidiary in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or or (ii) an involuntary case shall be commenced against Company or Holdings any Material Domestic Subsidiary under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany Material Domestic Subsidiary, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any Material Domestic Subsidiary for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany Material Domestic Subsidiary, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or

Appears in 3 contracts

Samples: Credit Agreement (Urs Corp /New/), Credit Agreement (Urs Corp /New/), Credit Agreement (Urs Corp /New/)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of any Company or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or or (ii) an involuntary case shall be commenced against any Company or Holdings any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over any Company or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective their property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of any Company or Holdings any of its Subsidiaries for all or a substantial part of its respective their property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of any Company or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or.

Appears in 3 contracts

Samples: Subordination Agreement, Note and Warrant Purchase Agreement (Twinlab Consolidated Holdings, Inc.), Note and Warrant Purchase Agreement (Twinlab Consolidated Holdings, Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (ia) A court of competent having jurisdiction shall enter a decree or order for relief in respect of Company or Holdings Borrower in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed; : or any other similar relief shall be granted and remain unstayed under any applicable federal or state law; or (iib) an involuntary case shall be is commenced against Company or Holdings under the Bankruptcy Code or Borrower under any other applicable bankruptcy, insolvency insolvency, or other similar law now or hereafter in effect; , or a decree or order of a court having having, jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdings, Borrower or over all or a substantial part of any of its respective property, shall have been entered; , or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company Borrower or Holdings for all or a substantial part of its respective property; property is involuntarily appointed, or a warrant of attachment, execution or similar process shall have been is issued against any substantial part of the property of Company or Holdings, Borrower and the continuance of any such event described events in this clause (iib) shall continue for sixty (60) days without having been unless dismissed, bonded bonded, stayed, vacated, or discharged; or

Appears in 3 contracts

Samples: Senior Credit Agreement (Digital Brands Group, Inc.), Senior Credit Agreement (Hylete), Senior Credit Agreement (Denim LA, Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company Borrower or Holdings any of its Restricted Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company Borrower or Holdings under the Bankruptcy Code or any of its Restricted Subsidiaries under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company Borrower or Holdingsany of its Restricted Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim a receiver, trustee or other custodian of Company Borrower or Holdings any of its Restricted Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company Borrower or Holdingsany of its Restricted Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (American Casino & Entertainment Properties LLC), Second Lien Credit and Guaranty Agreement (American Casino & Entertainment Properties LLC), First Lien Credit and Guaranty Agreement (American Casino & Entertainment Properties LLC)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company or Holdings any Obligor in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings any Obligor under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingssuch Obligor, or over all or a substantial part of its respective their property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings such Obligor for all or a substantial part of its respective their property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingssuch Obligor, and any such event described in this clause (ii) shall continue for sixty (60) days without having been unless dismissed, bonded or discharged; or

Appears in 3 contracts

Samples: Credit Agreement (Beasley Broadcast Group Inc), Second Lien Credit Agreement (Beasley Broadcast Group Inc), Credit Agreement (Beasley Broadcast Group Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company or Holdings any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be is commenced against Company or Holdings under the Bankruptcy Code or any of its Material Subsidiaries under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany of its Material Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any of its Material Subsidiaries for all or a substantial part of its respective property; or the issuance of a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany of its Material Subsidiaries, and the continuance of any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or

Appears in 2 contracts

Samples: Credit Agreement (Borg Warner Security Corp), Credit Agreement (Borg Warner Security Corp)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company the GP, the Borrower or Holdings any Subsidiary in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectDebtor Relief Laws, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company the GP, the Borrower or Holdings under the Bankruptcy Code or any Subsidiary under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectDebtor Relief Laws; or a decree or order of a court having jurisdiction in the premises for the involuntary appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company the GP, the Borrower or Holdingsany Subsidiary, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee liquidator, sequestrator, trustee, custodian or other custodian of Company officer having similar powers over the GP, the Borrower or Holdings for any Subsidiary, or over all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any all or a substantial part of the property of Company the GP, the Borrower or Holdingsany Subsidiary, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been dismissed, bonded dismissed or discharged; or;

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Alon USA Energy, Inc.), Credit and Guaranty Agreement (Alon USA Partners, LP)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or or (ii) an involuntary case shall be commenced against Company or Holdings any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over Company or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or

Appears in 2 contracts

Samples: Credit Agreement (Stancorp Financial Group Inc), Credit Agreement (Volt Information Sciences, Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company a Borrower or Holdings any of its Subsidiaries or LVSI, Venetian or any of their Restricted Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company a Borrower or Holdings any of its Subsidiaries or LVSI, Venetian or any of their Restricted Subsidiaries, under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingssuch Person, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company a Borrower or Holdings any of its Subsidiaries or LVSI, Venetian or any of their Restricted Subsidiaries, for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company a Borrower or Holdingsany of its Subsidiaries or LVSI, Venetian or any of their Restricted Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or

Appears in 2 contracts

Samples: Construction Loan Agreement (Las Vegas Sands Corp), Construction Loan Agreement (Las Vegas Sands Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company Company, Enova, On Deck or Holdings in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company Company, Enova, On Deck or Holdings under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company Company, Enova, On Deck or Holdings, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company Company, Enova, On Deck or Holdings for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company Company, Enova, On Deck or Holdings, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or

Appears in 2 contracts

Samples: Credit Agreement (Enova International, Inc.), Credit Agreement (Enova International, Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company Borrower or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company Borrower or Holdings under the Bankruptcy Code or any of its Subsidiaries under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company Borrower or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company Borrower or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company Borrower or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been dismissed, bonded or discharged; or

Appears in 2 contracts

Samples: First Lien Credit and Guaranty Agreement (Alion Science & Technology Corp), Second Lien Credit and Guaranty Agreement (Alion Science & Technology Corp)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company or Holdings any of the Parent and its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings any of the Parent and its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany of the Parent and its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any of the Parent and its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany of the Parent and its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or

Appears in 2 contracts

Samples: Credit Agreement (Pfsweb Inc), Credit Agreement (Pfsweb Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company or Holdings the Borrower in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted and remain unstayed under any applicable federal or state law; ;' or (ii) an involuntary case shall be is commenced against Company or Holdings under the Bankruptcy Code or Borrower under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdings, the Borrower or over all or a substantial part of any of its respective propertyassets and properties, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings the Borrower for all or a substantial part of its respective propertytheir assets and properties is involuntarily appointed; or a warrant of attachment, execution or similar process shall have been is issued against any substantial part of the property assets and properties of Company or Holdings, the Borrower and the continuance of any such event described events in this clause (ii) shall continue for sixty thirty (6030) days without having been unless dismissed, bonded bonded, stayed, vacated or discharged; or

Appears in 2 contracts

Samples: Loan Agreement (Win Gate Equity Group Inc), Loan Agreement (Win Gate Equity Group Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company Bank Partner (if there are Pledged Retail Loans), Company, FlexLending or Holdings Seller in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company Bank Partner (if there are Pledged Retail Loans), Company, FlexLending or Holdings Seller under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a conservator, receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company Bank Partner (if there are Pledged Retail Loans), Company, FlexLending or HoldingsSeller, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company Bank Partner (if there are Pledged Retail Loans), Company, FlexLending or Holdings Seller for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company Bank Partner (if there are Pledged Retail Loans), Company, FlexLending or HoldingsSeller, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or

Appears in 2 contracts

Samples: Credit Agreement (FlexShopper, Inc.), Credit Agreement (FlexShopper, Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a final decree or order for relief in respect of Company or Holdings any Loan Party in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings any Loan Party under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany Loan Party, or over all or a substantial part of its respective propertythe property of any Loan Party, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any Loan Party for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdings, any Loan Party and any such event described in this clause (ii) shall continue for sixty thirty (6030) days without having been stayed, dismissed, bonded bonded, or discharged; or

Appears in 2 contracts

Samples: Unsecured Revolving Credit Agreement (T-Mobile US, Inc.), Secured Revolving Credit Agreement (T-Mobile US, Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of the Company or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against the Company or Holdings any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Company or Holdingsany of its Subsidiaries, and any such event described in this clause (i) or clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or

Appears in 2 contracts

Samples: Revolving Credit Agreement (America West Holdings Corp), Term Loan Agreement (America West Holdings Corp)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief (other than a decree or order described in clause (ii)) in respect of Company or Holdings any Credit Party in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; , or (ii) an involuntary case shall be commenced against Company or Holdings any Credit Party under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdings, or over all or a substantial part of its respective property, such Credit Party shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingssuch Credit Party, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or

Appears in 2 contracts

Samples: Credit Agreement (CURO Group Holdings Corp.), Credit Agreement (ATN International, Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company Borrower or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company Borrowers or Holdings under the Bankruptcy Code or any of its Subsidiaries under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company Borrower or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company Borrower or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company Borrower or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Hamilton Lane INC), Credit and Guaranty Agreement (Hamilton Lane INC)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company any Credit Party or Holdings any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company any Credit Party or Holdings any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company any Credit Party or Holdingsany of its Material Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company any Credit Party or Holdings any of its Material Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company any Credit Party or Holdingsany of its Material Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or

Appears in 2 contracts

Samples: Credit Agreement (Healthpeak Properties, Inc.), Credit Agreement (Physicians Realty Trust)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company or Holdings any Obligor in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings any Obligor under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingssuch Obligor, or over all or a substantial part of its respective their property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings such Obligor for all or a substantial part of its respective their property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingssuch Obligor, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or

Appears in 2 contracts

Samples: Credit Agreement (Beasley Broadcast Group Inc), Credit Agreement (Beasley Broadcast Group Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company the Borrower or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company the Borrower or Holdings under the Bankruptcy Code or any of its Subsidiaries under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company the Borrower or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company the Borrower or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company the Borrower or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (TiVo Corp), Abl Credit and Guaranty Agreement (TiVo Corp)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of the Company or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against the Company or Holdings any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Company or Holdingsany of its Subsidiaries, and any such -95- 103 event described in this clause (i) or clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or

Appears in 2 contracts

Samples: Revolving Credit Agreement (America West Airlines Inc), Revolving Credit Agreement (America West Airlines Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of the Company or Holdings any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed; , or (ii) any other similar relief shall be granted under any applicable federal or state or applicable foreign law; or (ii) a petition for an involuntary case shall be commenced filed against the Company or Holdings under the Bankruptcy Code or any of its Material Subsidiaries under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect; effect or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company or Holdingsany of its Material Subsidiaries, or over all or a substantial part substantially all of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company or Holdings any of its Material Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part substantially all of the property of the Company or Holdings, any of its Material Subsidiaries shall be appointed involuntarily; and the continuance of any such event described events in this clause (ii) shall continue for sixty (60) 45 days without having been unless dismissed, bonded or discharged; or

Appears in 2 contracts

Samples: Credit Agreement (Mattel Inc /De/), Credit Agreement (Mattel Inc /De/)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company or Holdings any Loan Party in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings any Loan Party under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany Loan Party, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any Loan Party for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany Loan Party, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or

Appears in 2 contracts

Samples: Credit Agreement (E Spire Communications Inc), Credit Agreement (E Spire Communications Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company the Borrower or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company the Borrower or Holdings under the Bankruptcy Code or any of its Subsidiaries under any other applicable bankruptcy, insolvency or similar law Debtor Relief Law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company the Borrower or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company the Borrower or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company the Borrower or Holdings, any of its Subsidiaries and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or

Appears in 2 contracts

Samples: Credit Agreement (HealthSpring, Inc.), Credit Agreement (HealthSpring, Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. Either (i) A a court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or

Appears in 1 contract

Samples: Convertible Term Loan Agreement (Banyan Strategic Realty Trust)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company or Holdings the Borrower in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings the Borrower under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsthe Borrower, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings the Borrower for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsthe Borrower, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or

Appears in 1 contract

Samples: Credit Agreement (Atlas Air Worldwide Holdings Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (ia) A court of competent having jurisdiction shall enter a decree or order for relief in respect of the Company or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted and remain unstayed under any applicable federal or state law; or (iib) an involuntary case shall be is commenced against the Company or Holdings under the Bankruptcy Code or any of its Subsidiaries under any other applicable bankruptcy, insolvency or other similar law now or EXHIBIT 10.1 hereafter in effect; , or a decree or order of a court having jurisdiction in the premises is entered for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company or Holdings, any of its Subsidiaries or over all or a substantial part of its any of their respective propertyproperties, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company or Holdings any of its Subsidiaries for all or a substantial part of its their respective property; properties is involuntarily appointed, or a warrant of attachment, execution or similar process shall have been is issued against any substantial part of the property of the Company or Holdingsany of its Subsidiaries, and any such event described in the case of each of the events specified in this clause (iib) shall continue such event continues for sixty (60) 60 days without having been being dismissed, bonded bonded, stayed, vacated or discharged; or

Appears in 1 contract

Samples: Settlement Agreement (Mercury Air Group Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction shall enter a decree or order for relief in respect of the Company or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectLaws, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against the Company or Holdings any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectLaws; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective their property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsthe Company, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or

Appears in 1 contract

Samples: Subordination Agreement (Overland Storage Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company or Holdings any of its Active Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, Insolvency Laws which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state lawInsolvency Laws; or or (ii) an involuntary case shall be commenced against Holdings, Company or Holdings any of its Active Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectInsolvency Laws; or a decree or order of a court having jurisdiction in the premises for the appointment of an administrator, administrative receiver, a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company or Holdingsany of its Active Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an administrator, administrative receiver, interim receiver, a trustee or other custodian of Holdings, Company or Holdings any of its Active Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company or Holdingsany of its Active Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or

Appears in 1 contract

Samples: Credit Agreement (Katy Industries Inc)

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Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company or Holdings in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdings, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company EAST\148781874.9 or Holdings for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdings, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or

Appears in 1 contract

Samples: Credit Agreement (On Deck Capital, Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company any Loan Party or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company any Loan Party or Holdings any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company any Loan Party or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company any Loan Party or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company any Loan Party or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; oror CHAR1\0000000x0

Appears in 1 contract

Samples: Credit Agreement (Neogenomics Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, Insolvency Laws which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state lawInsolvency Laws; or (ii) an involuntary case shall be commenced against Company or Holdings any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectInsolvency Laws; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or

Appears in 1 contract

Samples: Credit Agreement (FWT Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A An involuntary case shall be commenced against the Company or any of its Material Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within 60 days after commencement of the case; or a court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of the Company or Holdings any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or case, under any other applicable bankruptcy, insolvency or other similar law now or hereafter hereinafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal federal, state, local or state foreign law; or or (ii) an involuntary case shall be commenced against Company or Holdings under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a A decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company or Holdings, any of its Material Subsidiaries or over all or a substantial part of the property of the Company or any of its respective property, Material Subsidiaries shall have been be entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company or Holdings for any of its Material Subsidiaries or of all or a substantial part of the property of the Company or any of its respective property; Material Subsidiaries shall be appointed or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Company or Holdings, any of its Material Subsidiaries shall be issued and any such event described in this clause (ii) shall continue for sixty (60) days without having been not be stayed, dismissed, bonded or discharged; ordischarged within 60 days after entry, appointment or issuance;

Appears in 1 contract

Samples: Note Purchase Agreement (Binks Sames Corp)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company or Holdings the Guarantor in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency insolvency, or similar law now or hereafter in effect, which decree or order is not stayed; , or any other similar relief shall be granted under any applicable federal or state law; , or (ii) an involuntary case shall be commenced against Company or Holdings the Guarantor under the Bankruptcy Code or under any other applicable bankruptcy, insolvency insolvency, or similar law now or hereafter in effect; , or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian custodian, or other officer having similar powers over Company or Holdingsthe Guarantor, or over all or a substantial part of its respective property, shall have been entered; , or there shall have occurred the involuntary appointment of an interim receiver, trustee trustee, or other custodian of Company or Holdings the Guarantor for all or a substantial part of its respective property; , or a warrant of attachment, execution execution, or similar process shall have been issued against any substantial part of the property of Company or Holdingsthe Guarantor, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been dismissed, bonded bonded, or discharged; or.

Appears in 1 contract

Samples: Limited Guaranty (B. Riley Financial, Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company or Holdings any Significant Subsidiary of Company in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, Insolvency Laws which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state lawInsolvency Laws; or or (ii) an involuntary case shall be commenced against Company or Holdings any Significant Subsidiary of Company under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectInsolvency Laws; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany Significant Subsidiary of Company, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any Significant Subsidiary of Company for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany Significant Subsidiary of Company, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or

Appears in 1 contract

Samples: Credit Agreement (Sunrise Medical Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company or Holdings any of its material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings any of its material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany of its material Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings for all or a substantial part any of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdings, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; ormaterial

Appears in 1 contract

Samples: Credit Agreement (Libbey Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Borrower or any Material Company or Holdings in an involuntary case under the any Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Laws now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Borrower or any Material Company or Holdings under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Bankruptcy Laws now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, receiver and manager, judicial manager, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company Borrower or Holdingsany Material Company, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Borrower or any Material Company or Holdings for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company Borrower or Holdingsany Material Company, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Nord Anglia Education, Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company the Borrower or Holdings any of its Subsidiaries shall have been entered in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be is commenced against Company the Borrower or Holdings under the Bankruptcy Code or any of its Subsidiaries under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company the Borrower or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company the Borrower or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or the issuance of a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company the Borrower or Holdingsany of its Subsidiaries, and the continuance of any such event events described in this clause (ii) shall continue for sixty (60) 60 consecutive days without having been unless dismissed, bonded or discharged; or

Appears in 1 contract

Samples: Loan Agreement (Genesco Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (ia) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company or Holdings any Co-Borrower in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted and remain unstayed under any applicable federal or state law; or (iib) an involuntary case shall be is commenced against Company or Holdings under the Bankruptcy Code or any Co-Borrower under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdings, any Co-Borrower or over all or a substantial part of its any of their respective propertyAssets and Properties, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any Co-Borrower for all or a substantial part of its their respective propertyAssets and Properties is involuntarily appointed; or a warrant of attachment, execution or similar process shall have been is issued against any substantial part of the property Assets and Properties of Company or Holdingsany Co-Borrower, and the continuance of any such event described events in this clause (iib) shall continue for sixty (60) days without having been unless dismissed, bonded bonded, stayed, vacated or discharged; or

Appears in 1 contract

Samples: Senior Secured Credit Agreement (Skyline Multimedia Entertainment Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company any Borrower or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectInsolvency Laws, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state lawInsolvency Laws; or (ii) an involuntary case shall be commenced against Company any Borrower or Holdings any of its 175 184 Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectInsolvency Laws; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company any Borrower or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company any Borrower or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company any Borrower or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or

Appears in 1 contract

Samples: Credit Agreement (Protocol Communications Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction There shall enter a decree be commenced against the Borrower or order for relief in respect of Company or Holdings in any Consolidated Subsidiary an involuntary case seeking the liquidation or reorganization of the Borrower or such Consolidated Subsidiary under Chapter 7 or Chapter 11, respectively, of the Bankruptcy Code or any similar proceeding under any other applicable bankruptcy, insolvency Applicable Law or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for proceeding seeking the appointment of a receiver, liquidator, sequestrator, trusteecustodian, custodian trustee or other officer having similar powers over Company of the Borrower or Holdings, Consolidated Subsidiary or over to take possession of all or a substantial part portion of its respective property, shall have been entered; property or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings for to operate all or a substantial part portion of its respective propertybusiness, and any of the following events occur: (i) the Borrower or Consolidated Subsidiary consents to the institution of the involuntary case or proceeding; (ii) the petition commencing the involuntary case or proceeding is not timely controverted; (iii) the petition commencing the involuntary case or proceeding remains undismissed and unstayed for a period of 90 days (PROVIDED, HOWEVER, that, during the pendency of such period, the Lender shall be relieved of the Commitments); or a warrant of attachment, execution or similar process (iv) an order for relief shall have been issued against any substantial part of the property of Company or Holdings, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or dischargedentered therein; or

Appears in 1 contract

Samples: Revolving Loan Agreement (Burnham Pacific Properties Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company or Holdings any Loan Party in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal federal, state or state foreign law; or (ii) an involuntary case shall be commenced against Company or Holdings any Loan Party under the Bankruptcy Code or under any other applicable bankruptcy, insolvency insolvency, dissolution, liquidation or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany Loan Party, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any Loan Party for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany Loan Party, and any if such event case or proceeding described in this clause (ii) is being diligently contested in good faith, shall continue for sixty (60) days without having been not be dismissed, bonded or dischargeddischarged within 60 days; or

Appears in 1 contract

Samples: Credit Agreement (Boyds Collection LTD)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (ia) A With respect only to the Principal Guarantor and SCTCI or another member of the Group incorporated in the United States of America, a court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company the Principal Guarantor or Holdings SCTCI in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency insolvency, winding-up, reorganization or other similar law now or hereafter in effect, which decree effect in the United States of America or order is not stayedelsewhere; or any other similar relief shall be granted under any applicable federal Federal or state law; or or (iib) an An involuntary case shall be is commenced against Company the Principal Guarantor or Holdings under SCTCI or another member of the Bankruptcy Code or Group incorporated in any state of the United States of America under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company the Principal Guarantor or HoldingsSCTCI or such other member of the Group, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company the Principal Guarantor or Holdings SCTCI or such other member of the Group for all or a substantial part of its respective property; or the issuance of a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company the Principal Guarantor or HoldingsSCTCI or such other member of the Group, and the continuance of any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or.

Appears in 1 contract

Samples: Facility Agreement (Standard Commercial Corp)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (ia) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company or Holdings the Borrower in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed; , or any other similar relief shall be granted and remain unstayed under any applicable federal or state law; or (iib) an involuntary case shall be is commenced against Company or Holdings under the Bankruptcy Code or Borrower under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect; , or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdings, the Borrower or over all or a substantial part of its any of their respective propertyassets, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings the Borrower for all or a substantial part of its their respective property; assets is involuntarily appointed, or a warrant of attachment, execution or similar process shall have been is issued against any substantial part of the property assets of Company or Holdings, the Borrower and the continuance of any such event described events in this clause (iib) shall continue for sixty (60) days without having been unless dismissed, bonded bonded, stayed, vacated or discharged; or

Appears in 1 contract

Samples: Secured Credit Agreement (Talkpoint Communications Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (ia) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company or Holdings any Credit Party in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted and remain unstayed under any applicable federal or state law; or (iib) an involuntary case shall be is commenced against Company or Holdings under the Bankruptcy Code or any Credit Party under any other applicable bankruptcy, insolvency insolvency, or other similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdings, any Credit Party or over all or a substantial part of any of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company any Credit Party or Holdings for all or a substantial part of its respective propertyproperty is involuntarily appointed; or a warrant of attachment, execution or similar process shall have been is issued against any substantial part of the property of Company or Holdingsany Credit Party, and the continuance of any such event described events in this clause (iib) shall continue for sixty (60) days without having been unless dismissed, bonded bonded, stayed, vacated, or discharged; or

Appears in 1 contract

Samples: Subordinated Credit Agreement (Lower Road Associates LLC)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company any Credit Party or Holdings any Subsidiary in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company any Credit Party or Holdings any Subsidiary under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company any Credit Party or Holdingsany Subsidiary, or over all or a substantial part of its respective propertyproperty and/or assets, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company any Credit Party or Holdings any Subsidiary for all or a substantial part of its respective propertyproperty and/or assets; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property and/or assets of Company any Credit Party or Holdingsany Subsidiary, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or

Appears in 1 contract

Samples: Credit Agreement (Citizens, Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. Other than any English Credit Party: (i) A a court of competent jurisdiction shall enter a decree or order for relief in respect of Holdings, Company or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectDebtor Relief Law, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal federal, state or state provincial law; or (ii) an involuntary case shall be commenced against Holdings, Company or Holdings under the Bankruptcy Code or any of its Subsidiaries under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectDebtor Relief Law; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company Holdings or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company Holdings or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; oror ​

Appears in 1 contract

Samples: Credit and Guaranty Agreement (ONE Group Hospitality, Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or or (ii) an involuntary case shall be commenced against Company or Holdings any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, 104 insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or

Appears in 1 contract

Samples: Credit Agreement (Urs Corp /New/)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdings, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or dischargedof its Subsidiaries; or

Appears in 1 contract

Samples: Credit Agreement (Northstar Health Services Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company or Holdings any Credit Party in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings any Credit Party under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany Credit Party, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any Credit Party for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany Credit Party, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Allegiance Telecom Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company Company, Holdings or Holdings any Material Subsidiary in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or or (ii) an involuntary case shall be commenced against Company Company, Holdings or Holdings any Material Subsidiary under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company Company, Holdings or Holdingsany Material Subsidiary, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company Company, Holdings or Holdings any Material Subsidiary for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company Company, Holdings or Holdingsany Material Subsidiary, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or

Appears in 1 contract

Samples: Credit Agreement (Petco Animal Supplies Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company or Holdings any Credit Party in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; law or (ii) an involuntary case shall be commenced against Company or Holdings any Credit Party under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingssuch Credit Party, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings such Credit Party for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingssuch Credit Party, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or

Appears in 1 contract

Samples: Credit Agreement (MMA Capital Holdings, Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of any Loan Party or any Material Company or Holdings Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed; , or (ii) any other similar relief shall be granted under any applicable federal or state or applicable foreign law; or (ii) a petition for an involuntary case shall be commenced filed against any Loan Party or any Material Company or Holdings under the Bankruptcy Code or Subsidiaries under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect; effect or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over any Loan Party or any Material Company or HoldingsSubsidiaries, or over all or a substantial part substantially all of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of any Loan Party or any Material Company or Holdings Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part substantially all of the property of any Loan Party or any Material Company or Holdings, Subsidiaries shall be appointed involuntarily; and the continuance of any such event described events in this clause (ii) shall continue for sixty (60) 45 days without having been unless dismissed, bonded or discharged; or

Appears in 1 contract

Samples: Credit Agreement (Mattel Inc /De/)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company or Holdings any Credit Party in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings any Credit Party under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany Credit Party, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any Credit Party for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany Credit Party, and any such event described in this clause (ii) shall continue for sixty thirty (6030) days without having been dismissed, bonded or discharged; or

Appears in 1 contract

Samples: Credit Agreement (Healing Co Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company or Holdings any Credit Party in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayedstayed within thirty days; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings any Credit Party under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany Credit Party, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any Credit Party for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany Credit Party, and any such event described in this clause (iiSection 8.1(f)(ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Vought Aircraft Industries Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company or Holdings any Loan Party in an involuntary case under the Bankruptcy Code or under any other 112 120 applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings any Loan Party under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany Loan Party, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any Loan Party for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany Loan Party, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or

Appears in 1 contract

Samples: Credit Agreement (Optel Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company or Holdings any Credit Party in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings any Credit Party under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany Credit Party, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any Credit Party for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany Credit Party, and any such event described in this clause (ii) shall continue for sixty (60) ninety days without having been dismissed, bonded or discharged; or

Appears in 1 contract

Samples: First Lien Credit and Guaranty Agreement (Telvent Git S A)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company or Holdings any Loan Party in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings any Loan Party under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany Loan Party, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any Loan Party for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany Loan Party, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; oror 8.7

Appears in 1 contract

Samples: Credit Agreement (Circus Circus Enterprises Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (ia) A court of competent having jurisdiction shall enter a decree or order for relief in respect of the Company or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted and remain unstayed under any applicable federal or state law; or (iib) an involuntary case shall be is commenced against the Company or Holdings under the Bankruptcy Code or any of its Subsidiaries under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect; , or a decree or order of a court having jurisdiction in the premises is entered for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company or Holdings, any of its Subsidiaries or over all or a substantial part of its any of their respective propertyproperties, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company or Holdings any of its Subsidiaries for all or a substantial part of its their respective property; properties is involuntarily appointed, or a warrant of attachment, execution or similar process shall have been is issued against any substantial part of the property of the Company or Holdingsany of its Subsidiaries, and any such event described in the case of each of the events specified in this clause (iib) shall continue such event continues for sixty (60) 60 days without having been being dismissed, bonded bonded, stayed, vacated or discharged; or

Appears in 1 contract

Samples: Settlement Agreement (Mercury Air Group Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of the Company or Holdings any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed; or (ii) any other similar relief shall be granted under any applicable federal federal, state or state foreign law; or (iiiii) a petition for an involuntary case shall be commenced filed against the Company or Holdings under the Bankruptcy Code or any of its Material Subsidiaries under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect; or (iv) a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company or Holdingsany of its Material Subsidiaries, or over all or a substantial part substantially all of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of (v) an interim receiver, trustee or other custodian of the Company or Holdings any of its Material Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part substantially all of the property of the Company or Holdingsany of its Material Subsidiaries shall be appointed involuntarily; provided that, and in -------- the case of any such event of the events described in this clause (ii), (iii), (iv) or (v) above, such event shall continue for sixty (60) 45 days without having been being dismissed, bonded or discharged; or

Appears in 1 contract

Samples: Term Loan Agreement (Mattel Inc /De/)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (ia) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company or Holdings any Co-Borrower in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted and remain unstayed under any applicable federal or state law; or (iib) an involuntary case shall be is commenced against Company or Holdings under the Bankruptcy Code or any Co-Borrower under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdings, any Co-Borrower or over all or a substantial part of its any of 19 their respective propertyAssets and Properties, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any Co-Borrower for all or a substantial part of its their respective propertyAssets and Properties is involuntarily appointed; or a warrant of attachment, execution or similar process shall have been is issued against any substantial part of the property Assets and Properties of Company or Holdingsany Co-Borrower, and the continuance of any such event described events in this clause (iib) shall continue for sixty (60) days without having been unless dismissed, bonded bonded, stayed, vacated or discharged; or

Appears in 1 contract

Samples: Senior Secured Credit Agreement (Prospect Street Nyc Discovery Fund Lp)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company any Credit Party or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company any Credit Party or Holdings any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company any Credit Party or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company any Credit Party or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company any Credit Party or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, stayed, bonded or discharged; or

Appears in 1 contract

Samples: Credit Agreement (Viemed Healthcare, Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction shall enter a decree or order for relief in respect of Company or Holdings any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other 71 applicable bankruptcy, insolvency or similar law now or hereafter in effectDebtor Relief Laws, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state lawDebtor Relief Laws; or or (ii) an involuntary case shall be commenced against Company or Holdings under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a A decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdings, any of its Material Subsidiaries or over all or a substantial part of its respective their property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any of its Material Subsidiaries for all or a substantial part of its respective their property; or the issuance of a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany of its Material Subsidiaries, and the continuance of any such event events described in this clause subsection (iif)(ii) shall continue for sixty (60) 60 days without having been unless stayed, dismissed, bonded or discharged; or (iii) an involuntary case under any applicable Debtor Relief Laws shall have been commenced against Company or any of its Material Subsidiaries and shall not have been dismissed within 60 days after the commencement of such case; or

Appears in 1 contract

Samples: Credit Agreement (Levi Strauss & Co)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having proper jurisdiction shall enter a decree or order for relief in with respect to Borrower or any of Company or Holdings the Principals in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayedstayed within fifteen (15) days after entry and dismissed within ninety (90) days after the entry of such order; or any other similar relief shall be granted under any applicable federal or state law; or or (ii) an An involuntary case shall be is commenced against Company Borrower or Holdings under any of the Bankruptcy Code or Principals, under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company Borrower or Holdings, any of the Principals or over all or a substantial part of its their respective property, shall have been be entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company Borrower or Holdings any of the Principals, for all or a substantial part of its their respective property; or the issuance of a warrant of attachment, execution or similar process shall have been issued against any substantial part of the respective property of Company Borrower or Holdingsany of the Principals, and the continuance of any such event described in this clause (ii) shall continue for sixty ninety (6090) days without having been dismissed, bonded unless dismissed or discharged; or.

Appears in 1 contract

Samples: Loan and Security Agreement (Xm Satellite Radio Holdings Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or or (ii) an involuntary case shall be commenced against Company or Holdings any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 90 days without having been unless dismissed, bonded or discharged; or

Appears in 1 contract

Samples: Credit Agreement (Manufacturers Services LTD)

Involuntary Bankruptcy; Appointment of Receiver, Etc. An involuntary case shall be commenced against the Company or any of its Subsidiaries and the petition shall not be dismissed within sixty (i60) A days after commencement of the case, or a court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of the Company or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or case, under any other applicable bankruptcy, insolvency or other similar law now or hereafter hereinafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a . A decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company or Holdings, any of its Subsidiaries or over all or a substantial part of its respective propertythe property of the Company or any of is Subsidiaries, shall have been be entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company or Holdings for any of its Subsidiaries or of all or a substantial part of the property of the Company or any of its respective property; Subsidiaries shall be appointed or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Company or Holdings, any of its Subsidiaries shall be issued and any such event described in this clause (ii) shall continue for sixty (60) days without having been not be stayed, dismissed, bonded or discharged; ordischarged within thirty (30) days of entry, appointment or issuance.

Appears in 1 contract

Samples: Credit Agreement (7 Eleven Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company or Holdings any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany of its Material Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any of its Material Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany of its Material Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; oror 8.7

Appears in 1 contract

Samples: Credit Agreement (Isle of Capri Casinos Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company or Holdings in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany of its Material Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any of its Material Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany of its Material Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or

Appears in 1 contract

Samples: Credit Agreement (Afc Enterprises Inc)

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