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 26 contracts
Samples: Security Agreement (Enova International, Inc.), 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 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 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), Loan and Security 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 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: Secured Credit Agreement (Bright Mountain Media, Inc.), Secured Credit Agreement (Bright Mountain Media, Inc.), 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 13 contracts
Samples: Junior Subordinated Loan Agreement (Falcon Financial Investment Trust), Senior Subordinated Loan Agreement (Falcon Financial Investment Trust), Credit Agreement (Trammell Crow Co)
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 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 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; or
Appears in 7 contracts
Samples: Credit Agreement (Oakley Inc), Credit Agreement (Borg Warner Security Corp), Credit Agreement (Dictaphone Corp /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 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 (ii) an involuntary case shall be commenced against Company any Credit Party 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 any Credit Party 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 any Credit Party 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 any Credit Party or Holdingsany Material 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 7 contracts
Samples: Credit and Guaranty Agreement (Sculptor Capital Management, Inc.), Credit and Guaranty Agreement (Sculptor Capital Management, Inc.), Counterpart Agreement (Och-Ziff Capital Management Group 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 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. (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), Credit Agreement (Facebook 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. (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 6 contracts
Samples: Credit Agreement (Kennedy Lewis Capital Co), Credit Agreement (Apollo Debt Solutions BDC), Credit Agreement (FS Energy & Power Fund)
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 federal, state or state foreign 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 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 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 5 contracts
Samples: Credit Agreement (NXS I LLC), Credit Agreement (Alliance Imaging Inc /De/), Credit Agreement (Alliance Imaging 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 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.), Intercreditor 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 any 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 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 under the Bankruptcy Code or any Material Subsidiary 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 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 any 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 any Borrower 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 4 contracts
Samples: Credit Agreement (Safeway Inc), Credit Agreement (Safeway Inc), Credit Agreement (Safeway 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.), Credit Agreement (FlexShopper, Inc.), Credit Agreement (FlexShopper, 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 Worldwide Holdings 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 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.), 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 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 Horticulture Inc), Credit Agreement (Hines Holdings Inc), Credit Agreement (Hines 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 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 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 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 stayedvacated, discharged or stayed within 60 days of the entry thereof; 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 3 contracts
Samples: Credit Agreement (Express Scripts Holding Co.), Credit Agreement (Express Scripts Inc), Credit Agreement (Express Scripts 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), First Lien Credit and Guaranty Agreement (American Casino & Entertainment Properties LLC), Second 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 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 stayedstayed within 60 days of the entry thereof; 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 3 contracts
Samples: Senior Subordinated Credit Agreement (Express Scripts Inc), Credit Agreement (Express Scripts Inc), Credit Agreement (Express Scripts 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 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 (ii) shall continue for sixty (60) days without having been unless dismissed, bonded or discharged; or
Appears in 3 contracts
Samples: Credit Agreement (Real Mex Restaurants, Inc.), Assignment Agreement (Transportation Technologies Industries Inc), Credit Agreement (Smartalk Teleservices 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: Credit Agreement (Metropcs Communications Inc), Credit Agreement (Metropcs Communications Inc), Credit Agreement (Metropcs Communications 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 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 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 (Atlas Air Inc), Credit Agreement (Apollo Real Estate Investment Fund Ii L P)
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: Second Lien Credit Agreement (Beasley Broadcast Group Inc), Credit Agreement (Beasley Broadcast Group Inc), Credit Agreement (Beasley Broadcast Group 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. (ia) A court of competent ---------------------------------------------------- having jurisdiction shall enter a decree or order for relief in respect of the Company or Holdings any Subsidiary 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 stayeddismissed, stayed or discharged within 60 days after filing; or any other similar relief shall be is not granted and remains unstayed or undismissed 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 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 property, properties 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; or a warrant of attachmentproperties is involuntarily appointed, 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 events under this clause (iib) shall continue for sixty (60) 60 days without having been unless dismissed, bonded bonded, stayed, vacated or discharged; or
Appears in 2 contracts
Samples: Senior Subordinated Loan Agreement (GTCR Golder Rauner LLC), Senior Subordinated Loan Agreement (GTCR Golder Rauner 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 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 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: 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 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 2 contracts
Samples: Senior Secured Note Purchase Agreement (Golden Arrow Merger Corp.), Credit and Guaranty Agreement (Equinix 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 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 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: Assignment and Assumption Agreement (Alion Science & Technology Corp), Intercreditor Agreement (Alion Science & Technology 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 of its Significant Subsidiaries in an involuntary case or similar proceeding 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 or similar proceeding shall be commenced against Company or Holdings any of its Significant 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 Significant Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment or similar proceeding of an interim receiver, trustee or other custodian of Company or Holdings any of its Significant 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 Significant Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been being dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Term Loan Agreement (Loews Cineplex Entertainment Corp), Priority Secured Credit Agreement (Loews Cineplex Entertainment 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 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), 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 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 Agreement (Leonardo DRS, Inc.), Bridge Credit and Guaranty 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 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 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: Security Agreement (America West Airlines Inc), Security Agreement (America West Airlines 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. (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 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 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.), Counterpart Agreement (Alon USA Partners, 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 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 forty-five (6045) days without having been dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Speed Commerce, Inc.), Credit and Guaranty Agreement (Speed Commerce, 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 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 Parent or Holdings any of its Subsidiaries 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 Parent or Holdings any of its Subsidiaries 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 Parent by 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 trustee, or other custodian of Company Parent or Holdings any of its Subsidiaries 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 Parent 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 bonded, or discharged; , or
Appears in 2 contracts
Samples: Credit Agreement (Liberty Tax, Inc.), Credit Agreement (Liberty Tax, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. An involuntary case shall be commenced against the Company or any of the Companyβs Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within forty-five (i45) 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 the Companyβs 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 (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 the Companyβs Subsidiaries or over all or a substantial part of its respective property, the property of the Company or any of the Companyβs 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 the Companyβs Subsidiaries or of all or a substantial part of its respective property; the property of the Company or any of the Companyβs 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 the Companyβs 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 forty-five (45) days after entry, appointment or issuance.
Appears in 2 contracts
Samples: Credit Agreement (Chicago Bridge & Iron Co N V), Term Loan Agreement (Chicago Bridge & Iron Co N V)
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: Guarantee and Collateral Agreement (T-Mobile US, Inc.), 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 Company the Borrower or Holdings any of the Subsidiaries 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 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 any of the Subsidiaries 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 of the 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 the 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 the 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: Credit and Guarantee Agreement (Telx Group, Inc.), Credit and Guarantee Agreement (Telx 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 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. Other than any English Credit Party: (i) A 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 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 Company Holdings 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 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 2 contracts
Samples: Credit and Guaranty Agreement (ONE Group Hospitality, Inc.), Credit and Guaranty Agreement (ONE Group Hospitality, 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 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 (iiB) 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 events in this clause subpart (iiB) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Credit Agreement (Owens Illinois Inc /De/), Company Pledge Agreement (Owens Illinois 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 the 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 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 Restricted 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 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 receiver, trustee or other custodian of Company the 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 the Borrower or Holdingsany of its Restricted 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 2 contracts
Samples: Term Loan Credit and Guaranty Agreement (2U, Inc.), Term Loan Credit and Guaranty Agreement (2U, 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 jurisdiction shall enter a decree or order for relief in respect of any Credit Party or Company or Holdings Party in an involuntary case under the Bankruptcy Code any Debtor Relief Laws 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 any Credit Party or Company or Holdings Party under the Bankruptcy Code any Debtor Relief Laws 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 such Credit Party or Company or HoldingsParty, 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 such Credit Party or Company or Holdings 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 such Credit Party or Company or HoldingsParty, 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
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 lawlaw and is not stayed; 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 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 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 (Energy & Exploration Partners, 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 Parent or Holdings the Borrower 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 Parent 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 the Parent 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 the Parent 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 Borrower or HoldingsParent, and in the case of Parent, 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
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 the Company or Holdings in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effecteffect in the United States or any other jurisdiction, domestic or foreign, 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 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 the Company or Holdings, or over all or a substantial part of any of its 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 for all or a substantial part of its respective propertyproperties 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 Holdingsthe Company, and the continuance of any such event described events in this clause (iib) shall continue for sixty (60) 60 days without having been unless dismissed, bonded bonded, stayed, vacated or discharged; or
Appears in 1 contract
Samples: Senior Note Purchase Agreement (Global Traffic Network, 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 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 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) 60 days without having been unless dismissed, bonded or discharged; or
Appears in 1 contract
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 Significant 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 (ii) an involuntary case shall be commenced against Company or Holdings any Significant 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 Significant 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 Significant 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 Significant 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
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 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 (ii) shall continue for sixty (60) days without having been unless dismissed, bonded or discharged; or.
Appears in 1 contract
Samples: Credit Agreement (Transportation Technologies Industries 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 Parent or Holdings the Borrower 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 Parent 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 the Parent 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 the Parent 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 Parent or HoldingsBorrower, and any such event described in this clause (ii) shall continue for sixty (60) thirty days without having been dismissed, bonded or discharged; or
Appears in 1 contract
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 COPL 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 any Loan Party or Holdings COPL 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 any Loan Party or HoldingsCOPL, or over all or a substantial part of its respective propertyProperty, 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 COPL for all or a substantial part of its respective propertyProperty; 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: Term Loan Credit Agreement
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 CablevisiΓ³n 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 CablevisiΓ³n under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect; or (iii) 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 HoldingsCablevisiΓ³n, or over all or a substantial part of its their respective property, shall have been entered; or (iv) there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company Borrower or Holdings CablevisiΓ³n for all or a substantial part of its respective property; or (v) a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company Borrower or HoldingsCablevisiΓ³n, and any such event described in this clause (iif) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 1 contract
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, interim receiver, receiver-manager, 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 such Credit Partyβs 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; 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) 60 days without having been dismissed, bonded or discharged; or.
Appears in 1 contract
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 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 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 1 contract
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 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) (A) an involuntary case shall be commenced against Company Borrower or Holdings under the Bankruptcy Code or any of its Material Subsidiaries under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect; effect or (B) a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, judicial manager, sequestrator, trustee, custodian or other officer having similar powers over Company Borrower or Holdingsany of its Material Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; entered or (C) there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company Borrower or Holdings any of its Material Subsidiaries for all or a substantial part of its respective property; property or (D) 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 Material 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 1 contract
Samples: Credit Agreement (Molycorp, 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 Borrower or Holdings any Subsidiary 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 (iiB) an involuntary case shall be is commenced against Company Borrower or Holdings under the Bankruptcy Code or any Subsidiary 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 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 or other custodian of Company Borrower or Holdings any Subsidiary for all or a substantial part of its respective propertythe property of Borrower or any Subsidiary 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 Borrower or Holdingsany Subsidiary, and the continuance of any such event described events in this clause subpart (iiB) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or
Appears in 1 contract
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
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 any Issuer or Holdings any Subsidiary in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effecteffect in the United States or any other jurisdiction, 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 any Issuer or Holdings under the Bankruptcy Code or any of their 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 any Issuer or Holdings, any of their 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 Company any Issuer or Holdings any of their Subsidiaries for all or a substantial part of its their respective propertyproperties 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 any Issuer or Holdingsany of their Subsidiaries, and the continuance of any such event described events in this clause (iib) shall continue for sixty (60) 60 days without having been unless dismissed, bonded bonded, stayed, vacated or discharged; or
Appears in 1 contract
Samples: Notes Purchase Agreement (Roadrunner Transportation Services 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; oror β
Appears in 1 contract
Samples: Senior Credit Agreement (Digital Brands Group, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i1) 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 1 contract
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 114 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 of its Material Subsidiaries 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 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
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 the Company or Holdings any Significant Subsidiary, 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 Significant Subsidiary, 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 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 Significant Subsidiaries for all or a substantial part of its their respective propertyproperties 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 Holdings, any of its Significant Subsidiaries and the continuance of any such event described events in this clause (iib) shall continue for sixty (60) 60 days without having been unless dismissed, bonded bonded, stayed, vacated or discharged; or
Appears in 1 contract
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 1 contract
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 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, 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 171 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 Holdings or Holdings any of its Subsidiaries 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 Holdings or Holdings any of its Subsidiaries 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 Holdings by 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 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 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 bonded, or discharged; , or
Appears in 1 contract
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 Parent or the Company 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 federal or state law; or (ii) an involuntary case shall be commenced against the Parent or the Company 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 the Parent or the Company 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 the Parent or 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 Parent or the Company or Holdingsany of their respective Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or121
Appears in 1 contract
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 β
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 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
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 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 Holdingssuch Credit Party, 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 Credit Party 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 Credit 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
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, 101 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 1 contract
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
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
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: Secured Credit Agreement (Prospect Street Nyc Discovery Fund Lp)
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
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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 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 effectDebtor Relief Law, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal federal, state, provincial or state territorial law; or (ii) an involuntary case shall be commenced against the 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, interim receiver, receiver and manager, monitor, 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, receiver and manager, monitor, 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 (ii) shall continue for sixty (60) 60 days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Hydrofarm Holdings 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 Significant Subsidiaries in an involuntary case or similar proceeding 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 or similar proceeding shall be commenced against Company or Holdings any of its Significant 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 Significant Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment or similar proceeding of an interim receiver, trustee or other custodian of Company or Holdings any of its Significant 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 Significant 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 (LTM Holdings 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, 117 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
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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 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) 100 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 1 contract
