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

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against Borrower and the petition shall not be dismissed within sixty (60) days after commencement of the case, or a court having jurisdiction shall enter a decree or order for relief in respect of any such Person in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state or foreign law; or (ii) A decree or order of a court (or courts) having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Borrower, or over all or a substantial part of the property of any such Person, shall be entered; or an interim receiver, trustee or other custodian of any such Person or of all or a substantial part of the property of any such Person, shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of any such Person, shall be issued and any such event shall not be stayed, vacated, dismissed, bonded or discharged within sixty (60) days of entry, appointment or issuance.

Appears in 14 contracts

Samples: Loan Agreement (KBS Real Estate Investment Trust, Inc.), Loan Agreement (KBS Real Estate Investment Trust, Inc.), Loan Agreement (KBS Real Estate Investment Trust II, Inc.)

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Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against Borrower and the petition shall not be dismissed within sixty (60) days after commencement of the case, or a A court having jurisdiction shall enter enters a decree or order for relief with respect to Sponsor or any Relevant Party in respect an Involuntary Bankruptcy, which decree or order is not stayed or other similar relief is not granted under any applicable federal or state Law; (ii) the occurrence and continuation of any of the following events for sixty (60) days unless dismissed or discharged within such Person in time: (w) an involuntary case, case under the Bankruptcy Code or any applicable bankruptcy, insolvency or other similar law Law now or hereinafter hereafter in effect; , is commenced, in which Sponsor or any other similar relief shall be granted under Relevant Party is a debtor or any applicable federalportion of the Collateral or any Membership Interest is property of the estate therein, state or foreign law; or (iix) A a decree or order of a court (or courts) having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Sponsor or any Relevant Party, over all or a substantial part of its property, is entered, (y) an interim receiver, trustee or other custodian is appointed without the Borrower, consent of Sponsor or over any Relevant Party for all or a substantial part of the property of any such Person, shall be entered; or an interim receiver, trustee or other custodian of any such Person or of all or a substantial part of the property of any such Person, shall be appointed or (z) a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Sponsor or any such Person, shall be issued and any such event shall not be stayed, vacated, dismissed, bonded or discharged within sixty (60) days of entry, appointment or issuance.Relevant Party;

Appears in 5 contracts

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

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the REIT or Borrower or any other Consolidated Entity and the petition shall not be dismissed within sixty (60) days after commencement of the case, or a court having jurisdiction shall enter a decree or order for relief in respect of any such Person in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter hereafter in effect; or any other similar relief shall be granted under any applicable federal, state or foreign law; or (ii) A decree or order of a court (or courts) having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the BorrowerREIT or Borrower or any other Consolidated Entity, or over all or a substantial part of the property of any such Person, shall be entered; or an interim receiver, trustee or other custodian of any such Person or of all or a substantial part of the property of any such Person, Person shall be appointed appointed; or a warrant of attachment, execution or similar process against any substantial part of the property of any such Person, Person shall be issued issued; and any such event shall not be stayed, vacated, dismissed, bonded or discharged within sixty (60) days of entry, appointment or issuance.

Appears in 4 contracts

Samples: Term Loan Agreement (Arden Realty Limited Partnership), Revolving Credit Agreement (Arden Realty Inc), Term Loan Agreement (Arden Realty Limited Partnership)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (ia) An involuntary case shall be commenced against the REIT, Borrower or any GP Partnership, and the petition shall not be dismissed within sixty (60) days after commencement of the case, or a court having jurisdiction shall enter a decree or order for relief in respect of any such Person in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state or foreign law; or (iib) A decree or order of a court (or courts) having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the BorrowerREIT, Borrower or any GP Partnership, or over all or a substantial part of the property of any such Person, shall be entered; or an interim receiver, trustee or other custodian of any such Person or of all or a substantial part of the property of any such Person, shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of any such Person, shall be issued and any such event shall not be stayed, vacated, dismissed, bonded or discharged within sixty (60) days of entry, appointment or issuance.

Appears in 4 contracts

Samples: Term Loan Agreement (Chelsea Gca Realty Inc), Credit Agreement (Chelsea Gca Realty Inc), Credit Agreement (Chelsea Gca Realty Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against any Borrower and the petition shall not be dismissed within sixty (60) days after commencement of the case, or a court having jurisdiction shall enter a decree or order for relief in respect of any such Person in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state or foreign law; or (ii) A decree or order of a court (or courts) having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the any Borrower, or over all or a substantial part of the property of any such Person, shall be entered; or an interim receiver, trustee or other custodian of any such Person or of all or a substantial part of the property of any such Person, shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of any such Person, shall be issued and any such event shall not be stayed, vacated, dismissed, bonded or discharged within sixty (60) days of entry, appointment or issuance.

Appears in 4 contracts

Samples: Loan Agreement (KBS Real Estate Investment Trust II, Inc.), Loan Agreement (KBS Real Estate Investment Trust III, Inc.), Loan Agreement (KBS Real Estate Investment Trust II, Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against Borrower the Guarantor and the petition shall not be dismissed dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case, ; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of any such Person the Guarantor in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state state, local or foreign law; or. (ii) A decree or order of a court (or courts) having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Borrower, Guarantor or over all or a substantial part of the property of any such Person, the Guarantor shall be entered; or an interim receiver, trustee or other custodian of any such Person the Guarantor or of all or a substantial part of the property of any such Person, the Guarantor shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of any such Person, the Guarantor shall be issued and any such event shall not be stayed, vacated, dismissed, bonded or discharged within sixty (60) days of after entry, appointment or issuance.

Appears in 2 contracts

Samples: Limited Guaranty (Kansas City Power & Light Co), Limited Guaranty (Kansas City Power & Light Co)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against Borrower or Guarantor and the petition shall not be dismissed within sixty (60) days after commencement of the case, or a court having jurisdiction shall enter a decree or order for relief in respect of any such Person in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state or foreign law; or (ii) A decree or order of a court (or courts) having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the BorrowerBorrower or Guarantor, or over all or a substantial part of the property of any such Person, shall be entered; or an interim receiver, trustee or other custodian of any such Person or of all or a substantial part of the property of any such Person, shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of any such Person, shall be issued and any such event shall not be stayed, vacated, dismissed, bonded or discharged within sixty (60) days of entry, appointment or issuance.

Appears in 2 contracts

Samples: Loan Agreement (KBS Strategic Opportunity REIT, Inc.), Loan Agreement (KBS Real Estate Investment Trust III, Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the REIT or Borrower or any other Consolidated Entity and the petition shall not be dismissed within sixty (60) days after commencement of the case, or a court having jurisdiction shall enter a decree or order for relief in respect of any such Person in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state or foreign law; or (ii) A decree or order of a court (or courts) having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the BorrowerREIT or Borrower or any other Consolidated Entity, or over all or a substantial part of the property of any such Person, shall be entered; or an interim receiver, trustee or other custodian of any such Person or of all or a substantial part of the property of any such Person, shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of any such Person, shall be issued and any such event shall not be stayed, vacated, dismissed, bonded or discharged within sixty (60) days of entry, appointment or issuance.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Arden Realty Inc), Revolving Credit Agreement (Arden Realty Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against Borrower and the petition shall not be dismissed within sixty (60) days after commencement of the case, or a court having jurisdiction shall enter a decree or order for relief in respect of any such Person in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state or foreign law; or (ii) A decree or order of a court (or courts) having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Borrower, or over all or a substantial part of the property of any such PersonBorrower, shall be entered; or an interim receiver, trustee or other custodian of any such Person Borrower or of all or a substantial part of the property of any such PersonBorrower, shall be appointed appointed; or a warrant of attachment, execution or similar process against any substantial part of the property of any such PersonBorrower, shall be issued issued; and any such event shall not be stayed, vacated, dismissed, bonded or discharged within sixty (60) days of after entry, appointment or issuance.

Appears in 2 contracts

Samples: Loan Agreement, Loan Agreement (BrightSource Energy Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against Borrower and the petition shall not be dismissed within sixty (60) days after commencement of the case, or a court having jurisdiction shall enter a decree or order for relief in respect of any such Person in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state or foreign law; or (ii) A decree or order of a court (or courts) having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Borrower, or over all or a substantial part of the property of any such Person, shall be entered; or an interim receiver, trustee or other custodian of any such Person or of all or a substantial part of the property of any such Person, shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of any such Person, shall be issued and any such event shall not be stayed, vacated, dismissed, bonded or discharged within sixty (60) days of entry, appointment or issuance.

Appears in 1 contract

Samples: Loan Agreement (KBS Real Estate Investment Trust III, Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against Borrower the REIT, Borrower, any Guarantor Subpartnership, Subsidiary or Investment Partnership and the petition shall not be dismissed within sixty (60) days after commencement of the case, or a court having jurisdiction shall enter a decree or order for relief in respect of any such Person in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state or foreign law; or (ii) A decree or order of a court (or courts) having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the REIT, Borrower, any Guarantor Subpartnership, Subsidiary or Investment Partnership, or over all or a substantial part of the property of any such Person, shall be entered; or an interim receiver, trustee or other custodian of any such Person or of all or a substantial part of the property of any such Person, shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of any such Person, shall be issued and any such event shall not be stayed, vacated, dismissed, bonded or discharged within sixty (60) days of entry, appointment or issuance.

Appears in 1 contract

Samples: Credit Agreement (Prudential Bache Equitec Real Estate Partnership)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against any Borrower and the petition shall not be dismissed dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case, ; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of any such Person Borrower in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state state, local or foreign law; or. (ii) A decree or order of a court (or courts) having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Borrower, any Borrower or over all or a substantial part of the property of any such Person, Borrower shall be entered; or an interim receiver, trustee or other custodian of any such Person Borrower or of all or a substantial part of the property of any such Person, Borrower shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of any such Person, Borrower shall be issued and any such event shall not be stayed, vacated, dismissed, bonded or discharged within sixty (60) days of after entry, appointment or issuance.

Appears in 1 contract

Samples: Credit Agreement (Pacer International Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against Borrower (A) the REIT, (B) Borrower, or (C) any other Consolidated Entity holding assets aggregating more than Twenty-Five Million Dollars ($25,000,000) in Gross Asset Value, and the petition shall not be dismissed within sixty (60) days after commencement of the case, or a court having jurisdiction shall enter a decree or order for relief in respect of any such Person in an any such involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter hereafter in effect; or any other similar relief shall be granted under any applicable federal, state or foreign law; or (ii) A decree or order of a court (or courts) having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over (A) the BorrowerREIT, (B) Borrower or over all or a substantial part of the property of (C) any such Person, other Consolidated Entity holding assets aggregating more than Twenty-Five Million Dollars ($25,000,000) in Gross Asset Value shall be entered; or an interim receiver, trustee or other custodian of any such Person or of all or a substantial part of the property of any such Person, shall be appointed appointed; or a warrant of attachment, execution or similar process against any substantial part of the property of any such Person, Person shall be issued issued; and any such event shall not be stayed, vacated, dismissed, bonded or discharged within sixty (60) days of entry, appointment or issuance.

Appears in 1 contract

Samples: Revolving Credit Agreement (Arden Realty Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against any of Harley, HDFS, any Borrower or any Material Subsidiary and the petition shall not be dismissed dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case, ; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of any such Person in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state state, local or foreign law; or. (ii) A decree or order of a court (or courts) having jurisdiction in the premises for the appointment of a receiver, administrator, administrative receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Borrowerany of Harley, HDFS, any Borrower or any Material Subsidiary or over all or a substantial part of the property Property of any such Person, Person shall be enteredentered or any analogous procedure or step is taken in any jurisdiction; or an interim receiver, trustee or other custodian of any such Person or of all or a substantial part of the property Property of any such Person, Person shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property Property of any such Person, Person shall be issued and any such event shall not be stayed, vacated, dismissed, bonded or discharged within sixty (60) days of after entry, appointment or issuance.

Appears in 1 contract

Samples: Credit Agreement (Harley Davidson Inc)

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Involuntary Bankruptcy; Appointment of Receiver, Etc. (ia) An involuntary case shall be commenced against Borrower or any Subsidiary of Borrower and the petition shall not be dismissed within sixty (60) days after commencement of the case, or a court having jurisdiction shall enter a decree or order for relief in respect of any such Person in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state or foreign law; or (iib) A decree or order of a court (or courts) having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Borrower or any Subsidiary of Borrower, or over all or a substantial part of the property of any such Person, shall be entered; or an interim receiver, trustee or other custodian of any such Person or of all or a substantial part of the property of any such Person, shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of any such Person, shall be issued and any such event shall not be stayed, vacated, dismissed, bonded or discharged within sixty (60) days of entry, appointment or issuance.

Appears in 1 contract

Samples: Credit Agreement (Pacific Gulf Properties Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against Borrower and the petition shall not be dismissed within sixty (60) days after commencement of the case, or The entry by a court having of competent jurisdiction shall enter of a decree or order for relief in respect of the Borrower or any such Person of its Subsidiaries in an involuntary case, case under any applicable bankruptcy, insolvency or other similar law Debtor Relief Law now or hereinafter hereafter in effect; or any other similar relief shall be granted under any applicable federal, state state, provincial, territorial or foreign lawlocal Requirement of Law; or (ii) A decree the commencement of an involuntary case against the Borrower or order any of its Subsidiaries under any Debtor Relief Law; the entry by a court (or courts) having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, custodian administrator, custodian, monitor or other officer having similar powers over the BorrowerBorrower or any of its Subsidiaries, or over all or a substantial part of the property of any such Person, shall be enteredits property; or the involuntary appointment of an interim receiver, trustee or other custodian of the Borrower or any such Person or of its Subsidiaries for all or a substantial part of the property of any such Personits property, shall be appointed which remains undismissed, unvacated, unbounded or a warrant of attachment, execution or similar process against any substantial part of the property of any such Person, shall be issued and any such event shall not be stayed, vacated, dismissed, bonded or discharged within unstayed pending appeal for sixty (60) days of entry, appointment or issuance.consecutive days; or

Appears in 1 contract

Samples: Credit Agreement (View, Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against Borrower Southland or any of its Subsidiaries and the petition shall not be dismissed within sixty (60) days after commencement of the case, or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of Southland or any such Person of its Subsidiaries in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, federal or state or foreign law; or. (ii) A decree or order of a court (or courts) having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Borrower, Southland or any of its Subsidiaries or over all or a substantial part of the property of Southland or any such Personof is Subsidiaries, shall be entered; or an interim receiver, trustee or other custodian of Southland or any such Person of its Subsidiaries or of all or a substantial part of the property of Southland or any such Person, of its Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of Southland or any such Person, of its Subsidiaries shall be issued and any such event shall not be stayed, vacated, dismissed, bonded or discharged within sixty thirty (6030) days of entry, appointment or issuance.

Appears in 1 contract

Samples: Credit Agreement (Southland Corp)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against Borrower, Senior Borrower or Guarantor and the petition shall not be dismissed within sixty (60) days after commencement of the case, or a court having jurisdiction shall enter a decree or order for relief in respect of any such Person in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state or foreign law; or (ii) A decree or order of a court (or courts) having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Borrower, Senior Borrower or Guarantor, or over all or a substantial part of the property of any such Person, shall be entered; or an interim receiver, trustee or other custodian of any such Person or of all or a substantial part of the property of any such Person, shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of any such Person, shall be issued and any such event shall not be stayed, vacated, dismissed, bonded or discharged within sixty (60) days of entry, appointment or issuance.

Appears in 1 contract

Samples: Loan Agreement (KBS Strategic Opportunity REIT, Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (ia) An involuntary case shall be commenced against Borrower, any Guarantor or any Partnership in which Borrower is a general partner (unless the Total Liabilities of such Partnership are less than $5,000,000) and the petition shall not be dismissed within sixty (60) days after commencement of the case, or a court having jurisdiction shall enter a decree or order for relief in respect of any such Person in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state or foreign law; or (iib) A decree or order of a court (or courts) having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Borrower, any Guarantor or any Partnership in which Borrower is a general partner, or over all or a substantial part of the property of any such Person, shall be entered; or an interim receiver, trustee or other custodian of any such Person or of all or a substantial part of the property of any such Person, shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of any such Person, shall be issued and any such event shall not be stayed, vacated, dismissed, bonded or discharged within sixty (60) days of entry, appointment or issuance.

Appears in 1 contract

Samples: Credit Agreement (Excel Realty Trust Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against Borrower the Company or any of its Subsidiaries and the petition shall not be dismissed within sixty (60) days after commencement of the case, or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Company or any such Person of its Subsidiaries in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, federal or state or foreign law; or. (ii) A decree or order of a court (or courts) having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Borrower, Company or any of its Subsidiaries or over all or a substantial part of the property of the Company or any such Personof is Subsidiaries, shall be entered; or an interim receiver, trustee or other custodian of the Company or any such Person of its Subsidiaries or of all or a substantial part of the property of the Company or any such Person, of its Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of the Company or any such Person, of its Subsidiaries shall be issued and any such event shall not be stayed, vacated, dismissed, bonded or discharged within sixty thirty (6030) days of entry, appointment or issuance.

Appears in 1 contract

Samples: Credit Agreement (7 Eleven Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against Borrower the Borrower, the REIT, any Consolidated Subsidiary of either or any Minority Holding of either and the petition shall not be dismissed within sixty (60) days after commencement of the case, or a court having jurisdiction shall enter a decree or order for relief in respect of any such Person in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state or foreign law; or (ii) A decree or order of a court (or courts) having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Borrower, the REIT, any Consolidated Subsidiary of either or any Minority Holding of either, or over all or a substantial part of the property of any such Person, shall be entered; or an interim receiver, trustee or other custodian of any such Person or of all or a substantial part of the property of any such Person, shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of any such Person, shall be issued and any such event shall not be stayed, vacated, dismissed, bonded or discharged within sixty (60) days of entry, appointment or issuance.

Appears in 1 contract

Samples: Credit Agreement (Uni Invest Usa LTD)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower and the petition shall not be dismissed dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case, ; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of any such Person the Borrower in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state state, local or foreign law; or. (ii) A decree or order of a court (or courts) having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Borrower, Borrower or over all or a substantial part of the property of any such Person, the Borrower shall be entered; or an interim receiver, trustee or other custodian of any such Person the Borrower or of all or a substantial part of the property of any such Person, the Borrower shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of any such Person, the Borrower shall be issued and any such event shall not be stayed, vacated, dismissed, bonded or discharged within sixty (60) days of after entry, appointment or issuance.

Appears in 1 contract

Samples: Loan Agreement (Cobra Electronics Corp)

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