Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower or any of the Borrower's Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower or any of the Borrower's Subsidiaries in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law. (ii) 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 Borrower or any of the Borrower's Subsidiaries or over all or a substantial part of the property of the Borrower or any of the Borrower's Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of the Borrower or any of the Borrower's Subsidiaries or of all or a substantial part of the property of the Borrower or any of the Borrower's Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of the Borrower or any of the Borrower's Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance.
Appears in 27 contracts
Samples: Credit Agreement (Landcare Usa Inc), Credit Agreement (Catalina Marketing Corp/De), Credit Agreement (Finishmaster Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower Company or any of the Borrower's Company’s Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty forty-five (6045) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower Company or any of the Borrower's Company’s Subsidiaries in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law.
(ii) 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 Borrower Company or any of the Borrower's Company’s Subsidiaries or over all or a substantial part of the property of the Borrower Company or any of the Borrower's Company’s Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of the Borrower Company or any of the Borrower's Company’s Subsidiaries or of all or a substantial part of the property of the Borrower Company or any of the Borrower's Company’s Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of the Borrower Company or any of the Borrower's Company’s Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty forty-five (6045) days after entry, appointment or issuance.
Appears in 14 contracts
Samples: Credit Agreement (Chicago Bridge & Iron Co N V), Term Loan Agreement (Chicago Bridge & Iron Co N V), Credit Agreement (Chicago Bridge & Iron Co N V)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower Company or any of the BorrowerCompany's Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty forty-five (6045) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower Company or any of the BorrowerCompany's Subsidiaries in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law.
(ii) 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 Borrower Company or any of the BorrowerCompany's Subsidiaries or over all or a substantial part of the property of the Borrower Company or any of the BorrowerCompany's Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of the Borrower Company or any of the BorrowerCompany's Subsidiaries or of all or a substantial part of the property of the Borrower Company or any of the BorrowerCompany's Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of the Borrower Company or any of the BorrowerCompany's Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty forty-five (6045) days after entry, appointment or issuance.
Appears in 14 contracts
Samples: Credit Agreement (Lanier Worldwide Inc), Credit Agreement (Trimble Navigation LTD /Ca/), Credit Agreement (Trimble Navigation LTD /Ca/)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower or any A court of the Borrower's Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having competent jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower or any of the Borrower's its Subsidiaries (other than any Immaterial Subsidiaries) in an involuntary case, case under any applicable bankruptcyInsolvency Law, insolvency which decree or other similar law now or hereinafter in effectorder is not stayed; or any other similar relief shall be granted under any applicable federal, state, local Applicable Law; or foreign law.
(ii) A an involuntary case or proceeding (including the filing of any notice of intention in respect thereof) shall be commenced against Borrower or any of its Subsidiaries (other than any Immaterial Subsidiaries) under any Insolvency 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, receiver-manager, administrative receiver, administrator, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Borrower or any of the Borrower's its Subsidiaries (other than any Immaterial Subsidiaries), or over all or a substantial part of its property, shall have been entered; or there shall have occurred the property involuntary appointment of the an interim receiver, trustee, custodian or similar officer of Borrower or any of the Borrower's its Subsidiaries shall be entered; or an interim receiver, trustee or (other custodian of the Borrower or than any of the Borrower's Subsidiaries or of Immaterial Subsidiaries) for all or a substantial part of the property of the Borrower or any of the Borrower's Subsidiaries shall be appointed its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Borrower or any of the Borrower's its Subsidiaries shall be issued (other than any Immaterial Subsidiaries), and any such event described in this clause (ii) shall not be stayed, continue for sixty days without having been dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance.discharged; or
Appears in 13 contracts
Samples: Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.), Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.), Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case or other proceeding shall be commenced against the Borrower REIT, Borrower, any Subsidiary, or any of the Borrower's Subsidiaries Agreement Party and the petition shall not be dismissed, stayed, bonded or discharged dismissed within sixty (60) days after commencement of the case; , or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower REIT, Borrower, any Subsidiary, or any of Agreement Party, as the Borrower's Subsidiaries case may be, in an involuntary casecase or other proceeding, under any applicable bankruptcy, insolvency or other similar law now or hereinafter hereafter in effect; or any other similar relief shall be granted under any applicable federal, state, local state or foreign law.; or
(ii) 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 Borrower, the Borrower REIT, any Subsidiary, or any of the Borrower's Subsidiaries Agreement Party, or over all or a substantial part of the property of the Borrower REIT, Borrower, any Subsidiary, or any of the Borrower's Subsidiaries Agreement Party shall be entered; , or an interim receiver, trustee or other custodian of the Borrower REIT, Borrower, any Subsidiary, or any of the Borrower's Subsidiaries Agreement Party, or of all or a substantial part of the property of the Borrower REIT, Borrower, any Subsidiary, or any of the Borrower's Subsidiaries Agreement Party shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of the Borrower REIT, Borrower, any Subsidiary, or any of the Borrower's Subsidiaries Agreement Party shall be issued and any such event shall not be stayed, vacated, dismissed, bonded or discharged within sixty (60) days after of entry, appointment or issuance.
Appears in 8 contracts
Samples: Credit Agreement (Manufactured Home Communities Inc), Term Loan Agreement (Manufactured Home Communities Inc), Credit Agreement (Manufactured Home Communities Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower or any of the Borrower's ’s Material Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower or any of the Borrower's ’s Material Subsidiaries in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law.
(ii) 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 Borrower or any of the Borrower's ’s Material Subsidiaries or over all or a substantial part of the property of the Borrower or any of the Borrower's ’s Material Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of the Borrower or any of the Borrower's ’s Material Subsidiaries or of all or a substantial part of the property of the Borrower or any of the Borrower's ’s Material Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of the Borrower or any of the Borrower's ’s Material Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance.
Appears in 6 contracts
Samples: Revolving Credit Agreement (Energizer Holdings Inc), Term Loan Credit Agreement (Energizer Holdings Inc), Revolving Credit Agreement (Energizer Holdings Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower or any of the Borrower's Material Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower or any of the Borrower's Material Subsidiaries in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law.
(ii) 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 Borrower or any of the Borrower's Material Subsidiaries or over all or a substantial part of the property of the Borrower or any of the Borrower's Material Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of the Borrower or any of the Borrower's Material Subsidiaries or of all or a substantial part of the property of the Borrower or any of the Borrower's Material Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of the Borrower or any of the Borrower's Material Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance.
Appears in 6 contracts
Samples: Credit Agreement (Binks Sames Corp), Credit Agreement (Binks Sames Corp), Revolving Credit Agreement (Ralston Purina Co)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower Company, any of the Company’s Significant Domestic Incorporated Subsidiaries, or any of the Borrower's Company’s Significant Foreign Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower Company, any of the Company’s Significant Domestic Incorporated Subsidiaries, or any of the Borrower's Company’s Significant Foreign Subsidiaries in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law.
(ii) 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 Borrower Company, any of the Company’s Significant Domestic Incorporated Subsidiaries or any of the Borrower's Company’s Significant Foreign Subsidiaries or over all or a substantial part of the property of the Borrower Company, any of the Company’s Significant Domestic Incorporated Subsidiaries or any of the Borrower's Company’s Significant Foreign Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of the Borrower Company, any of the Company’s Significant Domestic Incorporated Subsidiaries or any of the Borrower's Company’s Significant Foreign Subsidiaries or of all or a substantial part of the property of the Borrower Company, any of the Company’s Significant Domestic Incorporated Subsidiaries or any of the Borrower's Company’s Significant Foreign Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of the Borrower Company, any of the Company’s Significant Domestic Incorporated Subsidiaries or any of the Borrower's Company’s Significant Foreign Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance.
Appears in 6 contracts
Samples: Credit Agreement (Woodward, Inc.), Term Loan Credit Agreement (Woodward, Inc.), Credit Agreement (Woodward, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Parent, Holdings, Borrower or any of the Borrower's its Restricted Subsidiaries and the petition shall not be dismissedcommence any case, stayedproceeding or other action (A) under any existing or future law of any jurisdiction, bonded domestic or discharged within sixty (60) days after commencement foreign, relating to bankruptcy, insolvency, reorganization or relief of the case; or a court having jurisdiction in the premises shall enter a decree or debtors, seeking to have an order for relief in entered with respect of the Borrower to it, or any of the Borrower's Subsidiaries in an involuntary caseseeking to adjudicate it a bankrupt or insolvent, under any applicable bankruptcyor seeking reorganization, insolvency arrangement, adjustment, winding-up, liquidation, dissolution, composition or other similar law now relief with respect to it or hereinafter in effect; its debts, or any other similar relief shall be granted under any applicable federal, state, local or foreign law.
(iiB) A decree or order of a court having jurisdiction in the premises for the seeking appointment of a receiver, liquidator, sequestrator, trustee, custodian custodian, conservator or other officer having similar powers over the official for it or for all or any substantial part of its assets, or Parent, Holdings, Borrower or any of its Restricted Subsidiaries shall make a general assignment for the Borrower's Subsidiaries or over all or a substantial part benefit of the property of the its creditors; (ii) there shall be commenced against Parent, Holdings, Borrower or any of its Restricted Subsidiaries any case, proceeding or other action of a nature referred to in clause (i) above that (A) results in the Borrower's Subsidiaries entry of an order for relief or any such adjudication or appointment or (B) remains undismissed, undischarged or unbonded for a period of 60 days; (iii) there shall be entered; or an interim receivercommenced against Parent, trustee or other custodian of the Holdings, Borrower or any of the Borrower's its Restricted Subsidiaries any case, proceeding or other action seeking issuance of all or a substantial part of the property of the Borrower or any of the Borrower's Subsidiaries shall be appointed or a warrant of attachment, execution execution, distraint or similar process against all or any substantial part of its assets that results in the property entry of an order for any such relief that shall not have been vacated, discharged, or stayed or bonded pending appeal within 60 days from the entry thereof; (iv) Parent, Holdings, Borrower or any of the Borrower's its Restricted Subsidiaries shall take any action in furtherance of, or indicating its consent to, approval of, or acquiescence in, any of the acts set forth in clause (i), (ii), or (iii) above; or (v) Parent, Holdings, Borrower or any of its Restricted Subsidiaries shall generally not, or shall be issued and any such event unable to, or shall not be stayedadmit in writing its inability to, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance.pay its debts as they become due; or
Appears in 5 contracts
Samples: Credit Agreement (Regal Entertainment Group), Credit Agreement (Regal Entertainment Group), Credit Agreement (Regal Entertainment Group)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower or any A court of the Borrower's Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having competent jurisdiction in the premises shall enter a decree or order for relief in respect of the Parent Borrower or any of the Borrower's its Subsidiaries in an involuntary case, case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereinafter hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, state, local federal or foreign state law.
; or (ii) A an involuntary case shall be commenced against Parent Borrower or 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 Parent Borrower or any of the Borrower's Subsidiaries its Subsidiaries, or over all or a substantial part of the property of the Borrower or any of the Borrower's Subsidiaries its property, shall be have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Parent Borrower or any of the Borrower's its Subsidiaries or of for all or a substantial part of the property of the Borrower or any of the Borrower's Subsidiaries shall be appointed its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Parent Borrower or any of the Borrower's Subsidiaries shall be issued its Subsidiaries, and any such event described in this clause (ii) shall not be stayed, continue for sixty days without having been dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance.discharged; or
Appears in 5 contracts
Samples: Credit Agreement (AMC Networks Inc.), Credit and Guaranty Agreement (RLJ Entertainment, Inc.), Credit and Guaranty Agreement (RLJ Entertainment, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower Company or any of the Borrower's its Significant Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower Company or any of the Borrower's its Significant Subsidiaries in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law.
(ii) 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 Borrower Company or any of the Borrower's its Significant Subsidiaries or over all or a substantial part of the property of the Borrower Company or any of the Borrower's its Significant Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of the Borrower Company or any of the Borrower's its Significant Subsidiaries or of all or a substantial part of the property of the Borrower Company or any of the Borrower's its Significant Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of the Borrower Company or any of the Borrower's its Significant Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance.
Appears in 5 contracts
Samples: Credit Agreement (Steelcase Inc), Credit Agreement (Steelcase Inc), Credit Agreement (Steelcase Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case under any applicable bankruptcy, insolvency or similar law now or hereafter in effect shall be commenced against any General Partner, the Borrower Borrower, or any of its Subsidiaries to which $500,000,000 or more of the Borrower's Subsidiaries Combined Equity Value is attributable, or any Qualified Borrower and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of any General Partner, the Borrower or any of the Borrower's its Subsidiaries or any Qualified Borrower in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter hereafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law; or the respective board of directors of any General Partner or Limited Partners of the Borrower or any Qualified Borrower or the board of directors or partners of any of the Borrower’s Subsidiaries (or any committee thereof) adopts any resolution or otherwise authorizes any action to approve any of the foregoing.
(ii) A decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over any General Partner, the Borrower Borrower, or any of its Subsidiaries to which $500,000,000 or more of the Borrower's Subsidiaries Combined Equity Value is attributable, or any Qualified Borrower or over all or a substantial part of the property Property of any General Partner, the Borrower or any of the Borrower's such Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of any General Partner, the Borrower or any of the Borrower's such Subsidiaries or any such Qualified Borrower or of all or a substantial part of the property Property of any General Partner, the Borrower or any of the Borrower's such Subsidiaries or any such Qualified Borrower shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property Property of any General Partner, the Borrower or any of the Borrower's such Subsidiaries or any such Qualified Borrower shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance; or the respective board of directors of any General Partner or Limited Partners of the Borrower or any Qualified Borrower or the board of directors or partners of any of Borrower’s Subsidiaries (or any committee thereof) adopts any resolution or otherwise authorizes any action to approve any of the foregoing.
Appears in 4 contracts
Samples: Credit Agreement (Simon Property Group L P /De/), Credit Agreement (Simon Property Group L P /De/), Credit Agreement (Simon Property Group L P /De/)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower or any A court of the Borrower's Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having competent jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower Holdings or Significant Subsidiary of Holdings or any group of the Borrower's Subsidiaries constituting a Significant Subsidiary of Holdings in an involuntary case, case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereinafter hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, state, local federal or foreign state law.
; or (ii) A an involuntary case shall be commenced against Holdings or Significant Subsidiary of Holdings or any group of Subsidiaries constituting a Significant Subsidiary of 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 the Borrower Holdings or Significant Subsidiary of Holdings or any group of the Borrower's Subsidiaries constituting a Significant Subsidiary of Holdings, or over all or a substantial part of the property of the Borrower or any of the Borrower's Subsidiaries its property, shall be have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Borrower Holdings or Significant Subsidiary of Holdings or any group of the Borrower's Subsidiaries or constituting a Significant Subsidiary of Holdings for all or a substantial part of the property of the Borrower or any of the Borrower's Subsidiaries shall be appointed its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Borrower Holdings or Significant Subsidiary of Holdings or any group of the Borrower's Subsidiaries shall be issued constituting a Significant Subsidiary of Holdings, and any such event described in this clause (ii) shall not be stayed, continue for sixty days without having been dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance.discharged; or
Appears in 4 contracts
Samples: Credit and Guaranty Agreement (Aeroflex Holding Corp.), Credit and Guaranty Agreement (Aeroflex Holding Corp.), Credit and Guaranty Agreement (Aeroflex Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower or any of the Borrower's its Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower or any of the Borrower's its Subsidiaries in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law.
(ii) . 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 Borrower or any of the Borrower's its Subsidiaries or over all or a substantial part of the property of the Borrower or any of the Borrower's its Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of the Borrower or any of the Borrower's its Subsidiaries or of all or a substantial part of the property of the Borrower or any of the Borrower's its Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of the Borrower or any of the Borrower's its Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance.
Appears in 4 contracts
Samples: Credit Agreement (Steiner Leisure LTD), Credit Agreement (Steiner Leisure LTD), Credit Agreement (Steiner Leisure LTD)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower or any A court of the Borrower's Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having competent jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower or any of the Borrower's its Restricted Subsidiaries (other than an Immaterial Subsidiary) in an involuntary case, case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereinafter hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, state, local federal or foreign state law.
; or (ii) A an involuntary case shall be commenced against the Borrower or any of its Restricted Subsidiaries (other than its Immaterial 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 Borrower or any of the Borrower's its Restricted Subsidiaries (other than its Immaterial Subsidiaries), or over all or a substantial part of the property of the Borrower or any of the Borrower's Subsidiaries its property, shall be have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Borrower or any of the Borrower's its Restricted Subsidiaries or of (other than its Immaterial Subsidiaries) for all or a substantial part of the property of the Borrower or any of the Borrower's Subsidiaries shall be appointed its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Borrower or any of the Borrower's its Restricted Subsidiaries shall be issued (other than its Immaterial Subsidiaries), and any such event described in this clause (ii) shall not be stayed, continue for 60 days without having been dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance.discharged; or
Appears in 3 contracts
Samples: Term Loan and Guaranty Agreement (REV Group, Inc.), Revolving Credit and Guaranty Agreement (REV Group, Inc.), Revolving Credit and Guaranty Agreement (REV Group, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case case, proceeding or other action shall be commenced against Holdings, the Borrower Company or any of the Borrower's its Subsidiaries and the petition shall not be dismissed(A) under any existing or future law of any jurisdiction, stayeddomestic or foreign, bonded relating to bankruptcy, insolvency, reorganization or discharged within relief of debtors, seeking to have any order for relief entered with respect to it, or seeking to adjudicate it as bankrupt or insolvent, or seeking reorganization, arrangement, adjustment, wind-up, liquidation, dissolution, composition or other relief with respect to it or its debts, or (B) seeking appointment of a receiver, trustee, receiver-manager, liquidator, sequestrator, administrator, custodian or similar official for it or for all or any substantial part of its assets which case, proceeding or other action results in entry of an order for relief or any such adjudication or appointment or (B) remains undismissed, undischarged or unbonded for period of sixty (60) days after commencement of the casedays; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, the Borrower Company or any of the BorrowerCompany's Subsidiaries in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law.
(ii) A decree or order of a court having jurisdiction in the premises for the appointment of a receiver, receiver-manager, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, the Borrower Company or any of the BorrowerCompany's Subsidiaries or over all or a substantial part of the property Property of Holdings, the Borrower Company or any of the BorrowerCompany's Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of Holdings, the Borrower Company or any of the BorrowerCompany's Subsidiaries or of all or a substantial part of the property of Holdings, the Borrower Company or any of the BorrowerCompany's Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property Property of Holdings, the Borrower Company or any of the BorrowerCompany's Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance.
Appears in 3 contracts
Samples: Loan Agreement (Muehlstein Holding Corp), Loan Agreement (Muehlstein Holding Corp), Credit Agreement (Muehlstein Holding Corp)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower Company or any of the Borrower's Company’s Subsidiaries (other than an Insignificant Subsidiary) and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) 60 days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower Company or any of the Borrower's Company’s Subsidiaries (other than an Insignificant Subsidiary) in an involuntary case, case under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law.
(ii) 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 Borrower Company or any of the Borrower's Company’s Subsidiaries (other than an Insignificant Subsidiary) or over all or a substantial part of the property of the Borrower Company or any of the Borrower's Company’s Subsidiaries (other than an Insignificant Subsidiary) shall be entered; or an interim receiver, trustee or other custodian of the Borrower Company or any of the Borrower's Company’s Subsidiaries (other than an Insignificant Subsidiary) or of all or a substantial part of the property of the Borrower Company or any of the Borrower's Company’s Subsidiaries (other than an Insignificant Subsidiary) shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of the Borrower Company or any of the Borrower's Company’s Subsidiaries (other than an Insignificant Subsidiary) shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) 60 days after entry, appointment or issuance.
Appears in 3 contracts
Samples: Credit Agreement (Trimble Navigation LTD /Ca/), Credit Agreement (Trimble Navigation LTD /Ca/), Credit Agreement (Trimble Navigation LTD /Ca/)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower or any A court of the Borrower's Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having competent jurisdiction in the premises shall enter a decree or order for relief in respect of the Parent, any Borrower or any Material Subsidiary of the Borrower's Parent (other than any Subsidiary or Subsidiaries all or substantially all of whose assets comprise Specified Properties or Capital Stock of a Person all or substantially all of whose assets comprise any Specified Property) in an involuntary case, case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereinafter hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, state, local federal or foreign state law.
; (ii) A an involuntary case shall be commenced against Parent, any Borrower or any Material Subsidiary of Parent (other than any Subsidiary or Subsidiaries all or substantially all of whose assets comprise Specified Properties or Capital Stock of a Person all or substantially all of whose assets comprise any Specified Property) under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; and any such event described in this clause (ii) shall continue for 30 days without having been dismissed, bonded or discharged; or (iii) 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, any Borrower or any Material Subsidiary of the Borrower's Parent (other than any Subsidiary or Subsidiaries all or substantially all of whose assets comprise Specified Properties or Capital Stock of a Person all or substantially all of whose assets comprise any Specified Property), or over all or a substantial part of the property of the Borrower or any of the Borrower's Subsidiaries its property, shall be have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Parent, any Borrower or any Material Subsidiary of the Borrower's Parent (other than any Subsidiary or Subsidiaries all or substantially all of whose assets comprise Specified Properties or Capital Stock of a Person all or substantially all of whose assets comprise any Specified Property) for all or a substantial part of the property of the Borrower or any of the Borrower's Subsidiaries shall be appointed or a warrant of attachmentits property, execution or similar process against any substantial part of the property of the Borrower or any of the Borrower's Subsidiaries shall be issued and any such event receiver, liquidator, sequestrator, trustee, custodian or other officer described in this clause (iii) shall not be stayed, dismissed, bonded or discharged have been removed within sixty (60) 90 days after entry, appointment or issuance.of appointment; or
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (General Growth Properties, Inc.), Credit and Guaranty Agreement (General Growth Properties, Inc.), Credit and Guaranty Agreement (New GGP, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower Borrower, any of the Borrower’s Domestic Incorporated Subsidiaries, or any of the Borrower's ’s Significant Foreign Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; : or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower Borrower, any of the Borrower’s Domestic Incorporated Subsidiaries, or any of the Borrower's ’s Significant Foreign Subsidiaries in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; : or any other similar relief shall be granted under any applicable federal, state, local or foreign law.
(ii) 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 Borrower Borrower, any of the Borrower’s Domestic Incorporated Subsidiaries or any of the Borrower's ’s Significant Foreign Subsidiaries or over all or a substantial part of the property of the Borrower Borrower, any of the Borrower’s Domestic Incorporated Subsidiaries or any of the Borrower's ’s Significant Foreign Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of the Borrower Borrower, any of the Borrower’s Domestic Incorporated Subsidiaries or any of the Borrower's ’s Significant Foreign Subsidiaries or of all or a substantial part of the property of the Borrower Borrower, any of the Borrower’s Domestic Incorporated Subsidiaries or any of the Borrower's ’s Significant Foreign Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of the Borrower Borrower, any of the Borrower’s Domestic Incorporated Subsidiaries or any of the Borrower's ’s Significant Foreign Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance.
Appears in 3 contracts
Samples: Credit Agreement (Quixote Corp), Credit Agreement (Quixote Corp), Credit Agreement (Quixote Corp)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower Company or any of the Borrower's Company’s Subsidiaries (other than an Insignificant Subsidiary) and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower Company or any of the Borrower's Company’s Subsidiaries (other than an Insignificant Subsidiary) in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law.
(ii) 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 Borrower Company or any of the Borrower's Company’s Subsidiaries (other than an Insignificant Subsidiary) or over all or a substantial part of the property of the Borrower Company or any of the Borrower's Company’s Subsidiaries (other than an Insignificant Subsidiary) shall be entered; or an interim receiver, trustee or other custodian of the Borrower Company or any of the Borrower's Company’s Subsidiaries (other than an Insignificant Subsidiary) or of all or a substantial part of the property of the Borrower Company or any of the Borrower's Company’s Subsidiaries (other than an Insignificant Subsidiary) shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of the Borrower Company or any of the Borrower's Company’s Subsidiaries (other than an Insignificant Subsidiary) shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance.
Appears in 2 contracts
Samples: Credit Agreement (Trimble Navigation LTD /Ca/), Credit Agreement (Trimble Navigation LTD /Ca/)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower Company or any of the Borrower's Company’s Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty forty‑five (6045) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower Company or any of the Borrower's Company’s Subsidiaries in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law.
(ii) 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 Borrower Company or any of the Borrower's Company’s Subsidiaries or over all or a substantial part of the property of the Borrower Company or any of the Borrower's Company’s Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of the Borrower Company or any of the Borrower's Company’s Subsidiaries or of all or a substantial part of the property of the Borrower Company or any of the Borrower's Company’s Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of the Borrower Company or any of the Borrower's Company’s Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty forty‑five (6045) days after entry, appointment or issuance.
Appears in 2 contracts
Samples: Term Loan Agreement (Chicago Bridge & Iron Co N V), Revolving Credit Agreement (Chicago Bridge & Iron Co N V)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against Holdings, the Borrower or any of the Borrower's Restricted Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, the Borrower or any of the Borrower's Restricted Subsidiaries in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law.
(ii) A decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, the Borrower or any of the Borrower's Restricted Subsidiaries or over all or a substantial part of the property of Holdings, the Borrower or any of the Borrower's Restricted Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of Holdings, the Borrower or any of the Borrower's Restricted Subsidiaries or of all or a substantial part of the property of Holdings, the Borrower or any of the Borrower's Restricted Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of Holdings, the Borrower or any of the Borrower's Restricted Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance.
Appears in 2 contracts
Samples: Credit Agreement (Gfsi Inc), Credit Agreement (Gfsi Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower Company, any of the Company’s Significant Domestic Incorporated Subsidiaries, or any of the Borrower's Company’s Significant Foreign Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower Company, any of the Company’s Significant Domestic Incorporated Subsidiaries, or any of the Borrower's Company’s Significant Foreign Subsidiaries in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law.
(ii) 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 Borrower Company, any of the Company’s Significant Domestic Incorporated Subsidiaries or any of the Borrower's Company’s Significant Foreign Subsidiaries or over all or a substantial part of the property of the Borrower Company, any of the Company’s Significant Domestic Incorporated Subsidiaries or any of the Borrower's Company’s Significant Foreign Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of the Borrower Company, any of the Company’s Significant Domestic Incorporated Subsidiaries or any of the Borrower's Company’s Significant Foreign Subsidiaries or of all or a substantial part of the property of the Borrower Company, any of the Company’s Significant Domestic Incorporated Subsidiaries or any of the Borrower's Company’s Significant Foreign Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of the Borrower Company, any of the Company’s Significant Domestic Incorporated Subsidiaries or any of the Borrower's Company’s Significant Foreign Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance.
(iii) Any member of the Obligor Group incorporated under the laws of the Federal Republic of Germany: (i) is over-indebted (überschuldet) within the meaning of section 19 InsO (as applicable from time to time) or unable to pay its debts as they fall due (zahlungsunfähig) within the meaning of section 17 InsO, suspends making payments on all or a material part of its debts or announces an intention to do so or (ii) commences negotiations with any one or more of its creditors (other than a Credit Party in its capacity as such) with a view to the general readjustment or rescheduling of its indebtedness or, for any of the reasons set out in sections 17 to 19 InsO or (iii) any such member of the Obligor Group files for insolvency (Antrag auf Eröffnung eines Insolvenzverfahrens) or the board of directors or management (Vorstand oder Geschäftsführung) of any such member of the Obligor Group is required by law to file for insolvency; or (iv) the competent court takes any of the actions set out in section 21 InsO or the competent court institutes or rejects (for reason of insufficiency of its funds to implement such proceedings) insolvency proceedings against any such member of the Obligor Group (Eröffnung des Insolvenzverfahrens).
Appears in 2 contracts
Samples: Credit Agreement (Woodward, Inc.), Credit Agreement (Woodward, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case under any applicable bankruptcy, insolvency or similar law now or hereafter in effect shall be commenced against any General Partner, the Borrower Borrower, or any of its Subsidiaries to which $250,000,000 or more of the Borrower's Subsidiaries Combined Equity Value is attributable, or any Qualified Borrower and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of any General Partner, the Borrower or any of the Borrower's its Subsidiaries or any Qualified Borrower in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter hereafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law; or the respective board of directors of any General Partner or Limited Partners of the Borrower or any Qualified Borrower or the board of directors or partners of any of the Borrower’s Subsidiaries (or any committee thereof) adopts any resolution or otherwise authorizes any action to approve any of the foregoing.
(ii) A decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over any General Partner, the Borrower Borrower, or any of its Subsidiaries to which $250,000,000 or more of the Borrower's Subsidiaries Combined Equity Value is attributable, or any Qualified Borrower or over all or a substantial part of the property Property of any General Partner, the Borrower or any of the Borrower's such Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of any General Partner, the Borrower or any of the Borrower's such Subsidiaries or any such Qualified Borrower or of all or a substantial part of the property Property of any General Partner, the Borrower or any of the Borrower's such Subsidiaries or any such Qualified Borrower shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property Property of any General Partner, the Borrower or any of the Borrower's such Subsidiaries or any such Qualified Borrower shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance; or the respective board of directors of any General Partner or Limited Partners of the Borrower or any Qualified Borrower or the board of directors or partners of any of Borrower’s Subsidiaries (or any committee thereof) adopts any resolution or otherwise authorizes any action to approve any of the foregoing.
Appears in 2 contracts
Samples: Revolving Credit and Term Loan Agreement (Washington Prime Group Inc.), Revolving Credit and Term Loan Agreement (Washington Prime Group Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower or any A court of the Borrower's Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having competent jurisdiction in the premises shall enter a decree or order for relief in respect of the any Parent Company, any Borrower or any of the Borrower's their Subsidiaries (other than an Immaterial Subsidiary) in an involuntary case, case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereinafter hereafter in effecteffect (including, in the case of a French Loan Party, any judgment commencing safeguard proceedings (sauvegarde), accelerated safeguard proceedings (sauvegarde accélérée), accelerated financial safeguard proceedings (sauvegarde financière accélérée), judicial reorganization proceedings (redressement judiciaire), sale of business (cession totale de l’entreprise), dissolution (dissolution) or judicial liquidation proceedings (liquidation judiciaire) under Articles L.620-1 to L.644-6 of the French Code de commerce), which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, state, local federal or foreign state law.
; or (ii) A an involuntary case shall be commenced against any Parent Company, any Borrower or any of their Subsidiaries (other than an Immaterial 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 the any Parent Company, any Borrower or any of the Borrower's their Subsidiaries (other than its Immaterial Subsidiaries), or over all or a substantial part of the property of the Borrower or any of the Borrower's Subsidiaries its property, shall be have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the any Parent Company, any Borrower or any of the Borrower's their Subsidiaries or of (other than its Immaterial Subsidiaries) for all or a substantial part of the property of the Borrower or any of the Borrower's Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of the Borrower or any of the Borrower's Subsidiaries shall be issued its property; and any such event described in this clause (ii) shall not be stayedcontinue for 60 consecutive days without having been dismissed, dismissedvacated, bonded or discharged within sixty (60) days after entry, appointment or issuance.discharged; or
Appears in 2 contracts
Samples: Credit Agreement (Orion S.A.), Credit Agreement (Orion Engineered Carbons S.A.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower or any of the Borrower's ’s Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower or any of the Borrower's ’s Subsidiaries in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law.
(ii) 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 Borrower or any of the Borrower's ’s Subsidiaries or over all or a substantial part of the property of the Borrower or any of the Borrower's ’s Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of the Borrower or any of the Borrower's ’s Subsidiaries or of all or a substantial part of the property of the Borrower or any of the Borrower's ’s Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of the Borrower or any of the Borrower's ’s Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance.
Appears in 2 contracts
Samples: Credit Agreement (Schawk Inc), Credit Agreement (Schawk Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case under any applicable bankruptcy, insolvency or similar law now or hereafter in effect shall be commenced against any General Partner, the Borrower Borrower, or any of its Subsidiaries to which $500,000,000 or more of the Borrower's Subsidiaries Combined Equity Value is attributable, or any Qualified Borrower and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of any General Partner, the Borrower or any of the Borrower's its Subsidiaries or any Qualified Borrower in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter hereafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law; or the respective board of directors of any General Partner or Limited Partners of the Borrower or any Qualified Borrower or the board of directors or partners of any of the Borrower’s Subsidiaries (or any committee thereof) adopts any resolution or otherwise authorizes any action to approve any of the foregoing.
(ii) 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 Borrower General Partner, the Borrower, or any of its Subsidiaries to which $500,000,000 or more of the Borrower's Subsidiaries Combined Equity Value is attributable, or any Qualified Borrower or over all or a substantial part of the property Property of the General Partner, the Borrower or any of the Borrower's such Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of the General Partner, the Borrower or any of the Borrower's such Subsidiaries or any such Qualified Borrower or of all or a substantial part of the property Property of the General Partner, the Borrower or any of the Borrower's such Subsidiaries or any such Qualified Borrower shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property Property of the General Partner, the Borrower or any of the Borrower's such Subsidiaries or any such Qualified Borrower shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance; or the respective board of directors of the General Partner or Limited Partners of the Borrower or any Qualified Borrower or the board of directors or partners of any of Borrower’s Subsidiaries (or any committee thereof) adopts any resolution or otherwise authorizes any action to approve any of the foregoing.
Appears in 2 contracts
Samples: Credit Agreement (Simon Property Group L P /De/), Credit Agreement (Simon Property Group L P /De/)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against either of the Borrower Borrowers or any of the Borrower's their respective Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty seventy five (6075) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of either of the Borrower Borrowers or any of the Borrower's their respective Subsidiaries in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law.
(ii) 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 Borrower Borrowers or any of the Borrower's their respective Subsidiaries or over all or a substantial part of the property of the Borrower Borrowers or any of the Borrower's their respective Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of the Borrower Borrowers or any of the Borrower's their respective Subsidiaries or of all or a substantial part of the property of the Borrower Borrowers or any of the their respective Borrower's Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of the Borrower Borrowers or any of the Borrower's their respective Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty seventy five (6075) days after entry, appointment or issuance.
Appears in 2 contracts
Samples: Credit Agreement (Marsh Supermarkets Inc), Credit Agreement (Marsh Supermarkets Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against any General Partner, the Borrower Borrower, or any of its Subsidiaries to which $150,000,000 or more of the Borrower's Subsidiaries Combined Equity Value is attributable, and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of any General Partner, the Borrower or any of the Borrower's its Subsidiaries in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law; or the respective board of directors of any General Partner or Limited Partners of the Borrower or the board of directors or partners of any of the Borrower's Subsidiaries (or any committee thereof) adopts any resolution or otherwise authorizes any action to approve any of the foregoing.
(ii) A decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over any of the Borrower General Partners, the Borrower, or any of its Subsidiaries to which $150,000,000 or more of the Borrower's Subsidiaries Combined Equity Value is attributable, or over all or a substantial part of the property Property of any of the General Partners, the Borrower or any of the Borrower's such Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of any of the General Partners, the Borrower or any of the Borrower's such Subsidiaries or of all or a substantial part of the property Property of any of the General Partners, the Borrower or any of the Borrower's such Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property Property of any of the General Partners, the Borrower or any of the Borrower's such Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance; or the respective board of directors of any of the General Partners or Limited Partners of the Borrower or the board of directors or partners of any of Borrower's Subsidiaries (or any committee thereof) adopts any resolution or otherwise authorizes any action to approve any of the foregoing.
Appears in 2 contracts
Samples: Credit Agreement (Simon Property Group L P /De/), Credit Agreement (Simon Property Group L P /De/)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Company, the Borrower or any of its Subsidiaries to which $25,000,000 or more of the Borrower's Subsidiaries Combined Equity Value is attributable, and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Company, the Borrower or any such Subsidiaries of the Borrower's Subsidiaries Borrower in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter hereafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law; or the respective board of directors of the Company, or General Partner or Limited Partners of the Borrower or the board of directors or partners of any such Subsidiaries of the Borrower (or any committee thereof) adopts any resolution or otherwise authorizes any action to approve any of the foregoing.
(ii) 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, the Borrower or any of their Subsidiaries to which $25,000,000 or more of the Borrower's Subsidiaries Combined Equity Value is attributable, or over all or a substantial part of the property Property of the Company, the Borrower or any of the Borrower's Subsidiaries such Subsidiaries, shall be entered; or an interim receiver, trustee or other custodian of the Company, the Borrower or any of the Borrower's such Subsidiaries or of all or a substantial part of the property Property of the Company, the Borrower or any of the Borrower's such Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property Property of any of the Borrower Company, the Borrower, or any of the Borrower's such Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance; or the respective board of directors of any of the Company or General Partners or Limited Partners of the Borrower or the board of directors or partners of any of Borrower's Subsidiaries (or any committee thereof) adopts any resolution or otherwise authorizes any action to approve any of the foregoing.
Appears in 2 contracts
Samples: Term Loan Agreement (Reckson Associates Realty Corp), Credit Agreement (Reckson Operating Partnership Lp)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the a Borrower or any of the Borrower's Borrowers' Restricted Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the a Borrower or any of the Borrower's Borrowers' Restricted Subsidiaries in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law.
(ii) 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 a Borrower or any of the Borrower's Borrowers' Restricted Subsidiaries or over all or a substantial part of the property Property of the a Borrower or any of the Borrower's Borrowers' Restricted Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of the a Borrower or any of the Borrower's Borrowers' Restricted Subsidiaries or of all or a substantial part of the property of the a Borrower or any of the Borrower's Borrowers' Restricted Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of the a Borrower or any of the Borrower's Borrowers' Restricted Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance.
Appears in 2 contracts
Samples: Credit Agreement (International Technology Corp), Credit Agreement (International Technology Corp)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case case, proceeding or other action shall be commenced against the Borrower any Loan Party (A) under any existing or future law of any jurisdiction, domestic or foreign, relating to bankruptcy, insolvency, reorganization or relief of debtors, seeking to have any order for relief entered with respect to it, or seeking to adjudicate it as bankrupt or insolvent, or seeking reorganization, arrangement, adjustment, wind-up, liquidation, dissolution, composition or other relief with respect to it or its debts, or (B) seeking appointment of a receiver, trustee, receiver-manager, liquidator, sequestrator, administrator, custodian or similar official for it or of all or any substantial part of the Borrower's Subsidiaries and the petition shall not be dismissedits assets which case, stayedproceeding or other action results in entry of an order for relief or any such adjudication or appointment or (C) remains undismissed, bonded undischarged or discharged within unbonded for period of sixty (60) days after commencement of the casedays; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower or any of the Borrower's Subsidiaries Loan Party in an involuntary Credit Agreement case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law.
(ii) A decree or order of a court having jurisdiction in the premises for the appointment of a receiver, receiver-manager, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Borrower or any of the Borrower's Subsidiaries Loan Party or over all or a substantial part of the property Property of the Borrower or any of the Borrower's Subsidiaries Loan Party shall be entered; or an interim receiver, trustee or other custodian of the Borrower or any of the Borrower's Subsidiaries Loan Party or of all or a substantial part of the property of the Borrower or any of the Borrower's Subsidiaries Loan Party shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property Property of the Borrower or any of the Borrower's Subsidiaries Loan Party shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance.
Appears in 2 contracts
Samples: Credit Agreement (Muehlstein Holding Corp), Credit Agreement (Muehlstein Holding Corp)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower or any A court of the Borrower's Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having competent jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower Xerium or any of the Borrower's its Subsidiaries in an involuntary case, case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereinafter hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, state, local provincial or foreign state law.
; or (ii) A an involuntary case (including, without limitation, a winding-up, dissolution, reorganization, compromise or arrangement) shall be commenced against Xerium or any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, or any application shall have been made, or is required by applicable law to be made, with a court for the opening of insolvency proceedings with regard to Xerium or any of its Subsidiaries; 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 Borrower Xerium or any of the Borrower's Subsidiaries its Subsidiaries, or over all or a substantial part of the property of the Borrower or any of the Borrower's Subsidiaries its property, shall be have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Borrower Xerium or any of the Borrower's its Subsidiaries or of for all or a substantial part of the property of the Borrower or any of the Borrower's Subsidiaries shall be appointed its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Borrower Xerium or any of the Borrower's Subsidiaries shall be issued its Subsidiaries, and (A) in relation only to any Non-US Borrower and any Foreign Subsidiary, any such event described in this clause (ii) shall not be stayed, continue for seven days without having been dismissed, bonded or discharged within discharged, and (B) in relation only to Xerium or any Domestic Subsidiary, any such event described in this clause (ii) shall continue for sixty (60) days after entrywithout having been dismissed, appointment bonded or issuance.discharged; or
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Xerium Technologies Inc), Credit and Guaranty Agreement (Xerium Technologies Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower or any of the Borrower's Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a A court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Company, any Borrower or any of the BorrowerCompany's Subsidiaries (other than Subsidiaries operating outside of the United States, Canada and Australia and not constituting Material Subsidiaries ("Minor Foreign Subsidiaries")) in an involuntary case, case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereinafter hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, state, local federal or foreign law.state law and not stayed; or
(ii) A an involuntary case shall be commenced against Company, any Borrower or any of Company's Subsidiaries (other than Minor Foreign 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, administrator, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company, any Borrower or any of the BorrowerCompany's Subsidiaries (other than Minor Foreign Subsidiaries), or over all or a substantial part of the property of the Borrower or any of the Borrower's Subsidiaries its property, shall be have been entered; or there shall have occurred the involuntary appointment of an interim receiver, administrator, trustee or other custodian of the Company, any Borrower or any of the BorrowerCompany's Subsidiaries or of (other than Minor Foreign Subsidiaries) for all or a substantial part of the property of the Borrower or any of the Borrower's Subsidiaries shall be appointed its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Company, any Borrower or any of the BorrowerCompany's Subsidiaries shall be issued (other than Minor Foreign Subsidiaries), and any such event described in this clause (ii) shall not be stayed, continue for 60 days unless dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance.discharged; or
Appears in 2 contracts
Samples: Credit Agreement (Homestake Mining Co /De/), Credit Agreement (Homestake Mining Co /De/)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower or any A court of the Borrower's Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having competent jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower NewPageHoldCo or Significant Subsidiary of NewPageHoldCo or any group of the Borrower's Subsidiaries constituting a Significant Subsidiary of NewPageHoldCo in an involuntary case, case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereinafter hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, state, local federal or foreign state law.
; or (ii) A an involuntary case shall be commenced against NewPageHoldCo or any Significant Subsidiary of NewPageHoldCo or any group of Subsidiaries constituting a Significant Subsidiary of NewPageHoldCo 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 Borrower NewPageHoldCo or any Significant Subsidiary of the Borrower's NewPageHoldCo or any group of Subsidiaries constituting a Significant Subsidiary of NewPageHoldCo, or over all or a substantial part of the property of the Borrower or any of the Borrower's Subsidiaries its property, shall be have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Borrower NewPageHoldCo or any Significant Subsidiary of the Borrower's NewPageHoldCo or any group of Subsidiaries or constituting a Significant Subsidiary of NewPageHoldCo for all or a substantial part of the property of the Borrower or any of the Borrower's Subsidiaries shall be appointed its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Borrower NewPageHoldCo or any of the Borrower's Subsidiaries shall be issued its Subsidiaries, and any such event described in this clause (ii) shall not be stayed, continue for sixty days without having been dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance.discharged; or
Appears in 2 contracts
Samples: Revolving Credit and Guaranty Agreement (NewPage CORP), Term Loan Credit and Guaranty Agreement (NewPage CORP)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against Holdings, the Borrower or any of the Borrower's Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, the Borrower or any of the Borrower's Subsidiaries in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law.
(ii) A decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, the Borrower or any of the Borrower's Subsidiaries or over all or a substantial part of the property of Holdings, the Borrower or any of the Borrower's Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of Holdings, the Borrower or any of the Borrower's Subsidiaries or of all or a substantial part of the property of Holdings, the Borrower or any of the Borrower's Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of Holdings, the Borrower or any of the Borrower's Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance.
Appears in 2 contracts
Samples: Credit Agreement (SCP Pool Corp), Credit Agreement (SCP Pool Corp)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case under applicable bankruptcy, insolvency or other similar law shall be commenced against the Borrower or any of the Borrower's Subsidiaries Material Subsidiary and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower or any of the Borrower's Subsidiaries Material Subsidiary in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law.
(ii) 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 Borrower or any of the Borrower's Subsidiaries Material Subsidiary or over all or a substantial part of the property of the Borrower or any of the Borrower's Subsidiaries Material Subsidiary shall be entered; or an interim receiver, trustee or other custodian of the Borrower or any of the Borrower's Subsidiaries Material Subsidiary or of all or a substantial part of the property of the Borrower or any of the Borrower's Subsidiaries Material Subsidiary shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of the Borrower or any of the Borrower's Subsidiaries Material Subsidiary shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance.
Appears in 2 contracts
Samples: Long Term Credit Agreement (Ball Corp), Short Term Credit Agreement (Ball Corp)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the either Borrower or any Subsidiary of the Borrower's Subsidiaries either Borrower and the petition shall not be dismissed, stayed, bonded or discharged within sixty thirty (6030) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the such Borrower or any of the Borrower's Subsidiaries Subsidiary in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter hereafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law.
(ii) 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 either Borrower or any Subsidiary of the Borrower's Subsidiaries either Borrower or over all or a substantial part of the property Property of the such Borrower or any of the Borrower's Subsidiaries Subsidiary shall be entered; or an interim receiver, trustee or other custodian of the either Borrower or any Subsidiary of the Borrower's Subsidiaries either Borrower or of all or a substantial part of the property Property of the such Borrower or any of the Borrower's Subsidiaries Subsidiary shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property Property of the such Borrower or any of the Borrower's Subsidiaries Subsidiary shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty thirty (6030) days after entry, appointment or issuance.
Appears in 2 contracts
Samples: Credit Agreement (Freedom Chemical Co), Credit Agreement (Freedom Chemical Co)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower Company, the Borrower, or any of its Subsidiaries to which $25,000,000 or more of the Borrower's Subsidiaries Combined Equity Value is attributable, and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Company, the Borrower or any such Subsidiaries of the Borrower's Subsidiaries Borrower in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law; or the respective board of directors of the Company or Limited Partners of the Borrower or the board of directors or partners of any such Subsidiaries of the Borrower (or any committee thereof) adopts any resolution or otherwise authorizes any action to approve any of the foregoing.
(ii) 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 Borrower Company, the Borrower, or any of its Subsidiaries to which $25,000,000 or more of the Borrower's Subsidiaries Combined Equity Value is attributable, or over all or a substantial part of the property Property of the Company, the Borrower or any of the Borrower's such Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of the Company, the Borrower or any of the Borrower's such Subsidiaries or of all or a substantial part of the property Property of the Company, the Borrower or any of the Borrower's such Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property Property of any of the Company, the Borrower or any of the Borrower's such Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance; or the respective board of directors of any of the Company or Limited Partners of the Borrower or the board of directors or partners of any of Borrower's Subsidiaries (or any committee thereof) adopts any resolution or otherwise authorizes any action to approve any of the foregoing.
Appears in 2 contracts
Samples: Credit Agreement (Reckson Associates Realty Corp), Credit Agreement (Reckson Associates Realty Corp)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower or any of the Borrower's Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a A court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower DHC, Company or any of the BorrowerCompany's Subsidiaries (other than the Bankrupt Subsidiaries) in an involuntary case, case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereinafter hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, state, local federal or foreign state law.; or
(ii) A an involuntary case shall be commenced against DHC, Company or any of Company's Subsidiaries (other than the Bankrupt 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 Borrower DHC, Company or any of the BorrowerCompany's Subsidiaries (other than the Bankrupt Subsidiaries), or over all or a substantial part of the property of the Borrower or any of the Borrower's Subsidiaries its property, shall be have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Borrower DHC, Company or any of the BorrowerCompany's Subsidiaries or of (other than the Bankrupt Subsidiaries) for all or a substantial part of the property of the Borrower or any of the Borrower's Subsidiaries shall be appointed its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Borrower DHC, Company or any of the BorrowerCompany's Subsidiaries shall be issued (other than the Bankrupt Subsidiaries), and any such event described in this clause (ii) shall not be stayed, continue for 60 days unless dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance.discharged; or
Appears in 2 contracts
Samples: Credit Agreement (Danielson Holding Corp), Credit Agreement (Covanta Energy Corp)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower or any of the Borrower's Material Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower or any of the Borrower's Material Subsidiaries in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law.
(ii) 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 Borrower or any of the Borrower's Subsidiaries or over all or a substantial part of the property of the Borrower or any of the Borrower's Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of the Borrower or any of the Borrower's Subsidiaries or of all or a substantial part of the property of the Borrower or any of the Borrower's Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of the Borrower or any of the Borrower's Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance.
Appears in 2 contracts
Samples: Credit Agreement (Alion Science & Technology Corp), Credit Agreement (Alion Science & Technology Corp)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower or any of the Borrower's Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty ninety (6090) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower or any of the Borrower's Subsidiaries in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law.
(ii) 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 Borrower or any of the Borrower's Subsidiaries or over all or a substantial part of the property of the Borrower or any of the Borrower's Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of the Borrower or any of the Borrower's Subsidiaries or of all or a substantial part of the property of the Borrower or any of the Borrower's Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of the Borrower or any of the Borrower's Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty ninety (6090) days after entry, appointment or issuance.
Appears in 2 contracts
Samples: Credit Agreement (Spartan Stores Inc), Credit Agreement (Spartan Stores Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the any Borrower or any of the Borrower's Significant Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the any Borrower or any of the Borrower's Significant Subsidiaries in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law.
(ii) 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 any Borrower or any of the Borrower's Significant Subsidiaries or over all or a substantial part of the property of the any Borrower or any of the Borrower's Significant Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of the any Borrower or any of the Borrower's Significant Subsidiaries or of all or a substantial part of the property of the any Borrower or any of the Borrower's Significant Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of the any Borrower or any of the Borrower's Significant Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance.
Appears in 2 contracts
Samples: Credit Agreement (Kaydon Corp), Credit Agreement (Kaydon Corp)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower or any of the Borrower's ’s Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Table of Contents Borrower or any of the Borrower's ’s Subsidiaries in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law.
(ii) 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 Borrower or any of the Borrower's ’s Subsidiaries or over all or a substantial part of the property of the Borrower or any of the Borrower's ’s Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of the Borrower or any of the Borrower's ’s Subsidiaries or of all or a substantial part of the property of the Borrower or any of the Borrower's ’s Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of the Borrower or any of the Borrower's ’s Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance.
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the any Borrower or any of the such Borrower's Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the any Borrower or any of the such Borrower's Subsidiaries in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law.
(ii) 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 any Borrower or any of the such Borrower's Subsidiaries or over all or a substantial part of the property of the any Borrower or any of the such Borrower's Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of the any Borrower or any of the such Borrower's Subsidiaries or of all or a substantial part of the property of the any Borrower or any of the such Borrower's Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of the any Borrower or any of the such Borrower's Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance.
Appears in 1 contract
Samples: Credit Agreement (American Architectural Products Corp)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against any General Partner, the Borrower Borrower, or any of its Subsidiaries to which $150,000,000 or more of the Borrower's Subsidiaries Combined Equity Value is attributable, and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of any Gener al Partner, the Borrower or any of the Borrower's its Subsidiaries in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law; or the respective board of directors of any General Partner or Limited Partners of the Borrower or the board of directors or partners of any of the Borrower's Subsidiaries (or any committee thereof) adopts any resolution or otherwise authorizes any action to approve any of the foregoing.
(ii) A decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over any of the Borrower General Partners, the Borrower, or any of its Subsidiaries to which $150,000,000 or more of the Borrower's Subsidiaries Combined Equity Value is attributable, or over all or a substantial part of the property Property of any of the General Partners, the Borrower or any of the Borrower's such Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of any of the General Partners, the Borrower or any of the Borrower's such Subsidiaries or of all or a substantial part of the property Property of any of the General Partners, the Borrower or any of the Borrower's such Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property Property of any of the General Partners, the Borrower or any of the Borrower's such Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance; or the respective board of directors of any of the General Partners, the General Partner or Limited Partners of the Borrower or the board of directors or partners of any of Borrower's Subsidiaries (or any committee thereof) adopts any resolution or otherwise authorizes any action to approve any of the foregoing.
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower Company, any of the Company’s Significant Domestic Incorporated Subsidiaries, or any of the Borrower's Company’s Significant Foreign Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower Company, any of the Company’s Significant Domestic Incorporated Subsidiaries, or any of the Borrower's Company’s Significant Foreign Subsidiaries in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law.
(ii) 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 Borrower Company, any of the Company’s Significant Domestic Incorporated Subsidiaries or any of the Borrower's Company’s Significant Foreign Subsidiaries or over all or a substantial part of the property of the Borrower Company, any of the Company’s Significant Domestic Incorporated Subsidiaries or any of the Borrower's Company’s Significant Foreign Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of the Borrower Company, any of the Company’s Significant Domestic Incorporated Subsidiaries or any of the Borrower's Company’s Significant Foreign Subsidiaries or of all or a substantial part of the property of the Borrower 100 Company, any of the Company’s Significant Domestic Incorporated Subsidiaries or any of the Borrower's Company’s Significant Foreign Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of the Borrower Company, any of the Company’s Significant Domestic Incorporated Subsidiaries or any of the Borrower's Company’s Significant Foreign Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance.
(iii) Any member of the Obligor Group incorporated under the laws of the Federal Republic of Germany: (i) is over-indebted (überschuldet) within the meaning of section 19 InsO (as applicable from time to time) or unable to pay its debts as they fall due (zahlungsunfähig) within the meaning of section 17 InsO, suspends making payments on all or a material part of its debts or announces an intention to do so or (ii) commences negotiations with any one or more of its creditors (other than a Credit Party in its capacity as such) with a view to the general readjustment or rescheduling of its indebtedness or, for any of the reasons set out in sections 17 to 19 InsO or (iii) any such member of the Obligor Group files for insolvency (Antrag auf Eröffnung eines Insolvenzverfahrens) or the board of directors or management (Vorstand oder Geschäftsführung) of any such member of the Obligor Group is required by law to file for insolvency; or (iv) the competent court takes any of the actions set out in section 21 InsO or the competent court institutes or rejects (for reason of insufficiency of its funds to implement such proceedings) insolvency proceedings against any such member of the Obligor Group (Eröffnung des Insolvenzverfahrens).
Appears in 1 contract
Samples: Credit Agreement (Woodward, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the either Borrower or any Subsidiary of the Borrower's Subsidiaries either Borrower and the petition shall not be dismissed, stayed, bonded or discharged (A) controverted within ten (10) days after commencement of the case and (B) dismissed within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the such Borrower or any of the Borrower's Subsidiaries such Subsidiary in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law.
(ii) 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 either Borrower or any Subsidiary of the Borrower's Subsidiaries either Borrower or over all or a substantial part of the property Property of the either Borrower or any Subsidiary of the Borrower's Subsidiaries either Borrower shall be entered; or an interim receiver, trustee or other custodian of the either Borrower or any Subsidiary of the Borrower's Subsidiaries either Borrower or of all or a substantial part of the property Property of the either Borrower or any Subsidiary of the Borrower's Subsidiaries either Borrower shall be appointed appointed; or a warrant of attachment, execution or similar process against any substantial part of the property Property of the either Borrower or any Subsidiary of the Borrower's Subsidiaries either Borrower shall be issued issued; and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance.be
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower or any A court of the Borrower's Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having competent jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower SuperHoldCo, NewPageHoldCo or any Significant Subsidiary of the Borrower's NewPageHoldCo or any group of Subsidiaries constituting a Significant Subsidiary of NewPageHoldCo in an involuntary case, case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereinafter hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, state, local provincial or foreign law.
; or (ii) A an involuntary case shall be commenced against SuperHoldCo, NewPageHoldCo or any Significant Subsidiary of NewPageHoldCo or any group of Subsidiaries constituting a Significant Subsidiary of NewPageHoldCo 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 Borrower SuperHoldCo, NewPageHoldCo or any Significant Subsidiary of the Borrower's NewPageHoldCo or any group of Subsidiaries constituting a Significant Subsidiary of NewPageHoldCo, or over all or a substantial part of the property of the Borrower or any of the Borrower's Subsidiaries its property, shall be have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Borrower SuperHoldCo, NewPageHoldCo or any Significant Subsidiary of the Borrower's NewPageHoldCo or any group of Subsidiaries or constituting a Significant Subsidiary of NewPageHoldCo for all or a substantial part of the property of the Borrower or any of the Borrower's Subsidiaries shall be appointed its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Borrower SuperHoldCo, NewPageHoldCo or any of the Borrower's Subsidiaries shall be issued its Subsidiaries, and any such event described in this clause (ii) shall not be stayed, continue for sixty days without having been dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance.discharged; or
Appears in 1 contract
Samples: Revolving Credit and Guaranty Agreement (NewPage CORP)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower or any of the Borrower's Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower or any of the Borrower's Subsidiaries in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law.
(ii) 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 Borrower or any of the Borrower's Subsidiaries or over all or a substantial part of the property of the Borrower or any of the Borrower's Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of the Borrower or any of the Borrower's Subsidiaries or of all or a substantial part of the property of the Borrower or any of the Borrower's Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of the Borrower or any of the Borrower's Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance.
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against Holdings, Enterprises, the Borrower or any of the Borrower's Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Enterprises, the Borrower or any of the Borrower's Subsidiaries in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law.
(ii) A decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Enterprises, the Borrower or any of the Borrower's Subsidiaries or over all or a substantial part of the property of 90 104 Holdings, Enterprises, the Borrower or any of the Borrower's Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of Holdings, Enterprises, the Borrower or any of the Borrower's Subsidiaries or of all or a substantial part of the property of Holdings, Enterprises, the Borrower or any of the Borrower's Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of Holdings, Enterprises, the Borrower or any of the Borrower's Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance.
Appears in 1 contract
Samples: Credit Agreement (Printpack Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower or any of the Borrower's ’s Material Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower or any of the Borrower's ’s Material Subsidiaries in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law.
(ii) . 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 Borrower or any of the Borrower's ’s Material Subsidiaries or over all or a substantial part of the property of the Borrower or any of the Borrower's ’s Material Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of the Borrower or any of the Borrower's ’s Material Subsidiaries or of all or a substantial part of the property of the Borrower or any of the Borrower's ’s Material Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of the Borrower or any of the Borrower's ’s Material Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance.
Appears in 1 contract
Samples: Term Loan Credit Agreement (Energizer Holdings Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case under any applicable bankruptcy, insolvency or similar law now or hereafter in effect shall be commenced against any General Partner, the Borrower Borrower, or any of its Subsidiaries to which $250,000,000 or more of the Borrower's Subsidiaries Combined Equity Value is attributable and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of any General Partner, the Borrower or any of the Borrower's its Subsidiaries in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter hereafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law; or the respective board of directors of any General Partner or Limited Partners of the Borrower or the board of directors or partners of any of the Borrower’s Subsidiaries (or any committee thereof) adopts any resolution or otherwise authorizes any action to approve any of the foregoing.
(ii) A decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over any General Partner, the Borrower Borrower, or any of its Subsidiaries to which $250,000,000 or more of the Borrower's Subsidiaries Combined Equity Value is attributable, or over all or a substantial part of the property Property of any General Partner, the Borrower or any of the Borrower's such Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of any General Partner, the Borrower or any of the Borrower's such Subsidiaries or of all or a substantial part of the property Property of any General Partner, the Borrower or any of the Borrower's such Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property Property of any General Partner, the Borrower or any of the Borrower's such Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance; or the respective board of directors of any General Partner or Limited Partners of the Borrower or the board of directors or partners of any of Borrower’s Subsidiaries (or any committee thereof) adopts any resolution or otherwise authorizes any action to approve any of the foregoing.
Appears in 1 contract
Samples: 364 Day Bridge Term Loan Agreement (Washington Prime Group Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower or any of the Borrower's its Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower or any of the Borrower's its Subsidiaries in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law; or the board of directors of the Borrower or any of its Subsidiaries (or any committee thereof) adopts any resolution or otherwise authorizes any action to approve any of the foregoing.
(ii) 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 Borrower or any of the Borrower's its Subsidiaries or over all or a substantial part of the property Property of the Borrower or any of the Borrower's its Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of the Borrower or any of the Borrower's its Subsidiaries or of all or a substantial part of the property Property of the Borrower or any of the Borrower's its Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property Property of the Borrower or any of the Borrower's its Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance; or the board of directors of the Borrower or any of its Subsidiaries (or any committee thereof) adopts any resolution or otherwise authorizes any action to approve any of the foregoing.
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case under any applicable bankruptcy, insolvency or similar law now or hereafter in effect shall be commenced against any General Partner, the Borrower Borrower, <any Subsidiary Guarantor, >or any of its< other> Subsidiaries to which $250,000,000 or more of the Borrower's Subsidiaries Combined Equity Value is attributable, or any Qualified Borrower and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of any General Partner, the Borrower Borrower<, any Subsidiary Guarantor,> or any of the Borrower's its<such> Subsidiaries or any Qualified Borrower in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter hereafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law; or the respective board of directors of any General Partner or Limited Partners of the Borrower or any Qualified Borrower or the board of directors or partners of< any Subsidiary Guarantor or> any of the Borrower’s Subsidiaries (or any committee thereof) adopts any resolution or otherwise authorizes any action to approve any of the foregoing.
(ii) A decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over any General Partner, the Borrower Borrower, <any Subsidiary Guarantor, >or any of its< other> Subsidiaries to which $250,000,000 or more of the Borrower's Subsidiaries Combined Equity Value is attributable, or any Qualified Borrower or over all or a substantial part of the property Property of any General Partner, the Borrower Borrower<, any Subsidiary Guarantor,> or any of the Borrower's such Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of any General Partner, the Borrower Borrower<, any Subsidiary Guarantor> or any of the Borrower's such Subsidiaries or any such Qualified Borrower or of all or a substantial part of the property Property of any General Partner, the Borrower Borrower<, any Subsidiary Guarantor> or any of the Borrower's such Subsidiaries or any such Qualified Borrower shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property Property of any General Partner, the Borrower Borrower<, any Subsidiary Guarantor> or any of the Borrower's such Subsidiaries or any such Qualified Borrower shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance; or the respective board of directors of any General Partner or Limited Partners of the Borrower or any Qualified Borrower or the board of directors or partners of< any Subsidiary Guarantor or> any of Borrower’s Subsidiaries (or any committee thereof) adopts any resolution or otherwise authorizes any action to approve any of the foregoing; provided that, for the avoidance of doubt, the appointment of a receiver in connection with a foreclosure proceeding with respect to a Project secured by Non-Recourse Indebtedness shall not constitute an Event of Default under this Agreement so long as the aggregate Combined Equity Value attributable to Projects for which a receiver has been so appointed does not exceed $250,000,000 at any time.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Washington Prime Group, L.P.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against Holdings, Enterprises, the Borrower or any of the Borrower's Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Enterprises, the Borrower or any of the Borrower's Subsidiaries in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law.
(ii) A decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Enterprises, the Borrower or any of the Borrower's Subsidiaries or over all or a substantial part of the property of Holdings, Enterprises, the Borrower or any of the Borrower's Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of Holdings, Enterprises, the Borrower or any of the Borrower's Subsidiaries or of all or a substantial part of the property of Holdings, Enterprises, the Borrower or any of the Borrower's Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of Holdings, Enterprises, the Borrower or any of the Borrower's Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance.
Appears in 1 contract
Samples: Credit Agreement (Printpack Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the any Borrower or any of the Borrower's Borrowers’ Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the any Borrower or any of the Borrower's Borrowers’ Subsidiaries in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law.
(ii) 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 any Borrower or any of the Borrower's Borrowers’ Subsidiaries or over all or a substantial part of the property of the any Borrower or any of the Borrower's Borrowers’ Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of the any Borrower or any of the Borrower's Borrowers’ Subsidiaries or of all or a substantial part of the property of the any Borrower or any of the Borrower's Borrowers’ Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of the any Borrower or any of the Borrower's Borrowers’ Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance.
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i1) An involuntary case shall be commenced against Borrower, the Borrower REIT, Paragon GP Holdings, or any of the Borrower's Subsidiaries Paragon LP Holdings and the petition shall not be dismissed, stayed, bonded or discharged dismissed within sixty (60) 60 days after commencement of the case; , or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower Borrower, the REIT, Paragon GP Holdings, or any of Paragon LP Holdings as the Borrower's Subsidiaries case may be, in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter hereafter in effect; or any other similar relief shall be granted under any applicable federal, state, local state or foreign law., or
(ii2) A decree or order of a court having jurisdiction in the premises shall be entered for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Borrower, the Borrower REIT, Paragon GP Holdings, or any of the Borrower's Subsidiaries Paragon LP Holdings, or over all or a substantial part of the property of the Borrower or any Property of the Borrower's Subsidiaries shall be entered; , the REIT, Paragon GP Holdings, or Paragon LP Holdings, or an interim receiver, trustee or other custodian of the Borrower or any of shall be appointed for the Borrower's Subsidiaries , the REIT, Paragon GP Holdings, or Paragon LP Holdings, or of all or a substantial part of the property of the Borrower or any Property of the Borrower's Subsidiaries shall be appointed , the REIT, Paragon GP Holdings, or Paragon LP Holdings, or a warrant of attachment, execution or similar process against any substantial part of the property of the Borrower or any Property of the Borrower's Subsidiaries , the REIT, Paragon GP Holdings, or Paragon LP Holdings, shall be issued and any such event shall not be stayed, vacated, dismissed, bonded or discharged within sixty (60) 60 days after of entry, appointment or issuance.
Appears in 1 contract
Samples: Credit Agreement (Paragon Group Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower or any of the Borrower's its Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower or any of the Borrower's its Subsidiaries in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law.
(ii) 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 Borrower or any of the Borrower's its Subsidiaries or over all or a substantial part of the property of the Borrower or any of the Borrower's its Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of the Borrower or any of the Borrower's its Subsidiaries or of all or a substantial part of the property of the Borrower or any of the Borrower's its Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of the Borrower or any of the Borrower's its Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance.
Appears in 1 contract
Samples: 364 Day Credit Agreement (Wabash National Corp /De)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i1) An involuntary case shall be commenced against the Borrower or any of the Borrower's ’s Material Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower or any of the Borrower's ’s Material Subsidiaries in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law.;
(ii2) 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 Borrower or any of the Borrower's ’s Material Subsidiaries or over all or a substantial part of the property of the Borrower or any of the Borrower's ’s Material Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of the Borrower or any of the Borrower's ’s Material Subsidiaries or of all or a substantial part of the property of the Borrower or any of the Borrower's ’s Material Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of the Borrower or any of the Borrower's ’s Material Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance.;
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower or any A court of the Borrower's Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having competent jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower Holdings or any of the Borrower's its Subsidiaries (other than Excluded Subsidiaries) in an involuntary case, case under the Bankruptcy Code or under any other applicable bankruptcy, winding up, administration, dissolution, insolvency or other similar law now or hereinafter hereafter in effecteffect in any applicable jurisdiction, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, state, local foreign or foreign state law.
; (ii) A an involuntary case shall be commenced against Holdings or any of its Subsidiaries (other than Excluded Subsidiaries) under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect in any applicable jurisdiction; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian custodian, administrator or other officer in any applicable jurisdiction having similar powers over the Borrower Holdings or any of the Borrower's its Subsidiaries (other than Excluded Subsidiaries), or over all or a substantial part of the property of the Borrower or any of the Borrower's Subsidiaries its property, shall be have been entered; or there shall have occurred the involuntary appointment of an interim receiver, administrator, liquidator, trustee or other custodian of the Borrower Holdings or any of the Borrower's its Subsidiaries or of (other than Excluded Subsidiaries) for all or a substantial part of the property of the Borrower or any of the Borrower's Subsidiaries shall be appointed its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Borrower Holdings or any of its Subsidiaries (other than Excluded Subsidiaries), and in the Borrower's Subsidiaries case of the commencement of a voluntary case under the Bankruptcy Code only, such case shall be issued and any such event shall not be stayed, continue for sixty days without having been dismissed, bonded or discharged within sixty discharged; or (60iii) days after entryany analogous step or procedure is taken under the laws of any jurisdiction in respect of Holdings or any of its Subsidiaries (other than Excluded Subsidiaries), appointment but only to the extent such step or issuance.procedure is reasonably likely to result in a Material Adverse Effect; or
Appears in 1 contract
Samples: First Lien Credit and Guaranty Agreement (Solera Holdings, Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Parent, the Borrower or any of the Borrower's their respective Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Parent, the Borrower or any of the Borrower's their respective Subsidiaries in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law.
(ii) 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, the Borrower or any of the Borrower's their respective Subsidiaries or over all or a substantial part of the property of the Parent, the Borrower or any of the Borrower's their respective Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of the Parent, the Borrower or any of the Borrower's their respective Subsidiaries or of all or a substantial part of the property of the Parent, the Borrower or any of the Borrower's their respective Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of the Parent, the Borrower or any of the Borrower's their respective Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance.
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower or any A court of the Borrower's Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having competent jurisdiction in the premises shall enter a judgment, decree or order for relief (including the suspension of payment, a moratorium, a seizure or realization of a security, liquidation, reorganization, winding-up, dissolution, composition, compromise, arrangement or other relief) in respect of the any Borrower or any of the Borrower's their respective Restricted Subsidiaries (other than any Immaterial Subsidiary) in an involuntary casecase under the Bankruptcy Code, or under any other applicable bankruptcy, reorganization, insolvency or other similar law now or hereinafter hereafter in effect, which judgment, decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, state, local federal or foreign state law.
; or (ii) A an involuntary case shall be commenced against Holdings, any Borrower or any of their respective Restricted Subsidiaries (other than any Immaterial Subsidiary) under the Bankruptcy Code, the Companies Acts 1963-2009, the German Insolvency Code (Insolvenzordnung) or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a judgment decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, examiner, monitor, sequestrator, trustee, custodian custodian, administrator, compulsory interim manager or other officer having similar powers over any Borrower or such Restricted Subsidiaries, or over all or substantially all of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, monitor or other custodian of Holdings, any such Borrower or any of the Borrower's such Restricted Subsidiaries or over for all or a substantial part substantially all of the property of the Borrower or any of the Borrower's Subsidiaries shall be enteredits property; or an interim receiver, trustee or other custodian of the Borrower or any of the Borrower's Subsidiaries or of all or a substantial part of the property of the Borrower or any of the Borrower's Subsidiaries shall be appointed or a warrant of attachment, execution or similar process shall have been issued against any substantial part substantially all of the property of the Holdings, any such Borrower or any of the Borrower's Subsidiaries shall be issued such Restricted Subsidiaries, and any such event described in this clause (ii) shall not be stayed, dismissed, bonded or discharged within continue for sixty (60) days after entrywithout having been dismissed, appointment bonded or issuance.discharged; or
Appears in 1 contract
Samples: Revolving Credit and Guaranty Agreement (CommScope Holding Company, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower Company or any of the Borrower's Company’s Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty forty-five (6045) days after commencement of the case; or a court having jurisdiction 124 90295627_3 in the premises shall enter a decree or order for relief in respect of the Borrower Company or any of the Borrower's Company’s Subsidiaries in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law.
(ii) . 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 Borrower Company or any of the Borrower's Company’s Subsidiaries or over all or a substantial part of the property of the Borrower Company or any of the Borrower's Company’s Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of the Borrower Company or any of the Borrower's Company’s Subsidiaries or of all or a substantial part of the property of the Borrower Company or any of the Borrower's Company’s Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of the Borrower Company or any of the Borrower's Company’s Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty forty-five (6045) days after entry, appointment or issuance.
Appears in 1 contract
Samples: Revolving Credit Agreement (Chicago Bridge & Iron Co N V)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower or Borrower, any Subsidiary of the Borrower's Subsidiaries , TFC or RHI and the petition shall not be (A) controverted within ten (10) days after the filing thereof and (B) dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower or Borrower, any Subsidiary of the Borrower's Subsidiaries , TFC or RHI in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law.
(ii) 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 Borrower or Borrower, any Subsidiary of the Borrower's Subsidiaries , TFC or RHI or over all or a substantial part of the property Property of the Borrower or any of the Borrower's Subsidiaries such Person shall be entered; or an interim receiver, trustee or other custodian of the Borrower or Borrower, any Subsidiary of the Borrower's Subsidiaries , TFC, or RHI or of all or a substantial part of the property Property of the Borrower or any of the Borrower's Subsidiaries such Person shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of the Borrower or any Property of the Borrower's Subsidiaries , any Subsidiary of the Borrower, TFC or RHI shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty thirty (6030) days after entry, appointment or issuance.
Appears in 1 contract
Samples: Credit Agreement (Rhi Holdings Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower or any A court of the Borrower's Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having competent jurisdiction in the premises shall enter a decree or order for relief in respect of the Parent, the Borrower or any of the Borrower's ’s Material Subsidiaries in an involuntary case, case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereinafter hereafter in effect; , or any other similar relief shall be granted under any applicable federalfederal or state law, statewhich decree or order or similar relief shall continue for sixty (60) days without having been stayed, local dismissed, bonded or foreign law.
discharged; or (ii) A an involuntary case shall be commenced against the Parent, the Borrower or any of the Borrower’s 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, administrator, administrative receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Parent, the Borrower or any of the Borrower's Subsidiaries ’s Material Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the property involuntary appointment of an interim receiver, administrator, administrative receiver, liquidator, trustee or other custodian of the Parent, the Borrower or any of the Borrower's ’s Material Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of the Borrower or any of the Borrower's Subsidiaries or of for all or a substantial part of the property of the Borrower or any of the Borrower's Subsidiaries shall be appointed its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Parent, the Borrower or any of the Borrower's Subsidiaries shall be issued its Material Subsidiaries, and any such event described in this clause (ii) shall not be continue for sixty (60) consecutive days without having been stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance.discharged; or
Appears in 1 contract
Samples: Credit Agreement (Keypath Education International, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower or any of the Borrower's Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or The entry by a court having of competent jurisdiction in the premises shall enter of a decree or order for relief in with respect of the Borrower to Borrower, any Principal, any Guarantor, or any of the indemnitor or constituent member in Borrower's Subsidiaries , in an involuntary casecase under the Bankruptcy Code or any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed within thirty (30) days after entry and dismissed within ninety (90) days after the initial entry of such order, or the granting of any other similar relief under any applicable federal or state law; or
(ii) The commencement of an involuntary case against Borrower, any Principal, any Guarantor or any indemnitor or any constituent member in Borrower under any applicable bankruptcy, insolvency or other similar law now or hereinafter hereafter in effect; , or any other similar relief shall be granted under any applicable federal, state, local or foreign law.
(ii) A the entry of 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 Borrower or Borrower, any of the Borrower's Subsidiaries Properties, any Principal, any Guarantor or any indemnitor or constituent member in Borrower or over all or a substantial part of the property of the Borrower or any of them, or the Borrower's Subsidiaries shall be entered; or appointment of an interim receiver, trustee or other custodian of the Borrower or Borrower, any of the Properties, any Principal, any Guarantor or any indemnitor or constituent member in Borrower's Subsidiaries or of , for all or a substantial part of the property of the Borrower or any of them, or the Borrower's Subsidiaries shall be appointed or issuance of a warrant of attachment, execution or similar process against any substantial part of the property of the Borrower or any of the Properties, Borrower's Subsidiaries shall be issued , any Principal, any Guarantor or any indemnitor or constituent member in Borrower, and the continuance of any such event shall not be stayed, dismissed, bonded or discharged within sixty described in this clause (60ii) for ninety (90) days after entry, appointment without being dismissed or issuancedischarged.
Appears in 1 contract
Samples: Mezzanine Loan and Security Agreement (Asset Capital Corporation, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Company, the Borrower or any of its Subsidiaries to which $25,000,000 or more of the Borrower's Subsidiaries Combined Equity Value is attributable, and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Company, the Borrower or any such Subsidiaries of the Borrower's Subsidiaries Borrower in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter hereafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law; or the respective board of directors of the Company, or General Partner or Limited Partners of the Borrower or the board of directors or partners of any such Subsidiaries of the Borrower (or any committee thereof) adopts any resolution or otherwise authorizes any action to approve any of the foregoing.
(ii) 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, the Borrower or any of their Subsidiaries to which $25,000,000 or more of the Borrower's Subsidiaries Combined Equity Value is attributable, or over all or a substantial part of the property Property of the Company, the Borrower or any of the Borrower's such Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of the Company, the Borrower or any of the Borrower's such Subsidiaries or of all or a substantial part of the property Property of the Company, the Borrower or any of the Borrower's such Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property Property of any of the Borrower Company, the Borrower, or any of the Borrower's such Subsidiaries shall be issued and any such 104 event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance; or the respective board of directors of any of the Company or General Partners or Limited Partners of the Borrower or the board of directors or partners of any of Borrower's Subsidiaries (or any committee thereof) adopts any resolution or otherwise authorizes any action to approve any of the foregoing.
Appears in 1 contract
Samples: Credit Agreement (Reckson Operating Partnership Lp)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the either Borrower or any of the Borrower's Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the such Borrower or any of the such Borrower's Subsidiaries in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effecteffect (including, without limitation, Japanese insolvency laws); or any other similar relief shall be granted under any applicable federal, state, local or foreign law.
(ii) 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 either Borrower or any of the such Borrower's Subsidiaries or over all or a substantial part of the property of the such Borrower or any of the such Borrower's Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of the such Borrower or any of the such Borrower's Subsidiaries or of all or a substantial part of the property of the such Borrower or any of the such Borrower's Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of the such Borrower or any of the such Borrower's Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance.
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case under any applicable bankruptcy, insolvency or similar law now or hereafter in effect shall be commenced against any General Partner, the Borrower Borrower, or any of its Subsidiaries to which $250,000,000 or more of the Borrower's Subsidiaries Combined Equity Value is attributable, or any Qualified Borrower and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of any General Partner, the Borrower or any of the Borrower's its Subsidiaries or any Qualified Borrower in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter hereafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law; or the respective board of directors of any General Partner or Limited Partners of the Borrower or any Qualified Borrower or the board of directors or partners of any of the Borrower’s Subsidiaries (or any committee thereof) adopts any resolution or otherwise authorizes any action to approve any of the foregoing.
(ii) A decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over any General Partner, the Borrower Borrower, or any of its Subsidiaries to which $250,000,000 or more of the Borrower's Subsidiaries Combined Equity Value is attributable, or any Qualified Borrower or over all or a substantial part of the property Property of any General Partner, the Borrower or any of the Borrower's such Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of any General Partner, the Borrower or any of the Borrower's such Subsidiaries or any such Qualified Borrower or of all or a substantial part of the property Property of any General Partner, the Borrower or any of the Borrower's such Subsidiaries or any such Qualified Borrower shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property Property of any General Partner, the Borrower or any of the Borrower's such Subsidiaries or any such Qualified Borrower shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance; or the respective board of directors of any General Partner or Limited Partners of the Borrower or any Qualified Borrower or the board of directors or partners of any of Borrower’s Subsidiaries (or any committee thereof) adopts any resolution or otherwise authorizes any action to approve any of the foregoing; provided that, for the avoidance of doubt, the appointment of a receiver in connection with a foreclosure proceeding with respect to a Project secured by Non-Recourse Indebtedness shall not constitute an Event of Default under this Agreement so long as the aggregate Combined Equity Value attributable to Projects for which a receiver has been so appointed does not exceed $250,000,000 at any time.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Washington Prime Group, L.P.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the any Borrower or any Subsidiary of the Borrower's Subsidiaries Borrowers and the petition shall not be (A) controverted within ten (10) days after the filing thereof and (B) dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the any Borrower or any Subsidiary of the Borrower's Subsidiaries Borrowers in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law.
(ii) 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 any Borrower or any Subsidiary of the Borrower's Subsidiaries Borrowers or over all or a substantial part of the property Property of the Borrower or any of the Borrower's Subsidiaries such Person shall be entered; or an interim receiver, trustee or other custodian of the any Borrower or any Subsidiary of the Borrower's Subsidiaries Borrowers or of all or a substantial part of the property Property of the Borrower or any of the Borrower's Subsidiaries such Person shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property Property of any Borrower or Subsidiary of the Borrower or any of the Borrower's Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty thirty (6030) days after entry, appointment or issuance.
Appears in 1 contract
Samples: Credit Agreement (Fairchild Corp)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower or any of the Borrower's its Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower or any of the Borrower's its Subsidiaries in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law.
(ii) 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 Borrower or any of the Borrower's its Subsidiaries or over all or a substantial part of the property Property of the Borrower or any of the Borrower's its Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of the Borrower or any of the Borrower's its Subsidiaries or of all or a substantial part of the property Property of the Borrower or any of the Borrower's its Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property Property of the Borrower or any of the Borrower's its Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance.
Appears in 1 contract
Samples: Credit Agreement (Dyncorp)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower or any A court of the Borrower's Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having competent jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower Parent Guarantor, the Borrower, any Pledged Entity or any Material Subsidiary of the Borrower's Subsidiaries Parent Guarantor in an involuntary case, case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereinafter hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, state, local federal or foreign state law.
; (ii) A an involuntary case shall be commenced against the Parent Guarantor, the Borrower, any Pledged Entity, or any Material Subsidiary of the Parent Guarantor under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or (iii) 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 LA\4027402.11 LA\4027402.11 powers over the Borrower Parent Guarantor, the Borrower, any Pledged Entity, or any Material Subsidiary of the Borrower's Subsidiaries Parent Guarantor, or over all or a substantial part of the property of the Borrower or any of the Borrower's Subsidiaries its property, shall be have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Borrower Parent Guarantor, the Borrower, any Pledged Entity, or any Material Subsidiary of the Borrower's Subsidiaries or of Parent Guarantor for all or a substantial part of the property of the Borrower or any of the Borrower's Subsidiaries shall be appointed or a warrant of attachmentits property, execution or similar process against any substantial part of the property of the Borrower or any of the Borrower's Subsidiaries shall be issued and any such event receiver, liquidator, sequestrator, trustee, custodian or other officer described in this clause (iii) shall not be stayedhave been removed within 60 days of appointment; provided, dismissedhowever, bonded that in the case of the foregoing clauses (i), (ii) and (iii), to the extent such involuntary bankruptcy or discharged within sixty insolvency is filed against a Turn-Over Subsidiary and such involuntary bankruptcy or insolvency has not been consented to, solicited by, or colluded in by the Parent Guarantor or its Subsidiaries, and such involuntary bankruptcy or insolvency stays or enjoins the applicable lender from initiating a Non-Recourse Indebtedness Foreclosure, then such involuntary bankruptcy or insolvency of such Turn-Over Subsidiary shall not constitute an Event of Default hereunder notwithstanding the fact that clause (60ii) days after entry, appointment or issuance.in the definition of “Turn-Over Subsidiary” has not been satisfied; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower or any of the Borrower's ’s Material Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower or any of the Borrower's ’s Material Subsidiaries in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law.
(ii) 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 Borrower or any of the Borrower's ’s Subsidiaries or over all or a substantial part of the property of the Borrower or any of the Borrower's ’s Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of the Borrower or any of the Borrower's ’s Subsidiaries or of all or a substantial part of the property of the Borrower or any of the Borrower's ’s Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of the Borrower or any of the Borrower's ’s Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance.
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower Borrower, any of the Borrower's Domestic Incorporated Subsidiaries, or any of the Borrower's Significant Foreign Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower Borrower, any of the Borrower's Domestic Incorporated Subsidiaries, or any of the Borrower's Significant Foreign Subsidiaries in an involuntary case, under any applicable bankruptcy, insolvency or other 97 similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law.
(ii) 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 Borrower Borrower, any of the Borrower's Domestic Incorporated Subsidiaries or any of the Borrower's Significant Foreign Subsidiaries or over all or a substantial part of the property of the Borrower Borrower, any of the Borrower's Domestic Incorporated Subsidiaries or any of the Borrower's Significant Foreign Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of the Borrower Borrower, any of the Borrower's Domestic Incorporated Subsidiaries or any of the Borrower's Significant Foreign Subsidiaries or of all or a substantial part of the property of the Borrower Borrower, any of the Borrower's Domestic Incorporated Subsidiaries or any of the Borrower's Significant Foreign Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of the Borrower Borrower, any of the Borrower's Domestic Incorporated Subsidiaries or any of the Borrower's Significant Foreign Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance.
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case under any applicable bankruptcy, insolvency or similar law now or hereafter in effect shall be commenced against either (a) any General Partner, the Borrower Operating Partnership, or any of their Subsidiaries to which $250,000,000 or more of the Borrower's Subsidiaries and Combined Equity Value is attributable or (b) the Mall Owner, and, in either case, the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of any General Partner, the Borrower Operating Partnership or any of their Subsidiaries or the Borrower's Subsidiaries Mall Owner in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter hereafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law; or the respective board of directors of any General Partner or Limited Partners of the Operating Partnership or the Mall Owner or the board of directors or partners of any of the Operating Partnership’s Subsidiaries (or any committee thereof) adopts any resolution or otherwise authorizes any action to approve any of the foregoing.
(ii) A To the extent such appointment relates to an involuntary case under any applicable bankruptcy, insolvency or similar law now or hereafter in effect, aA 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 either (a) any General Partner, the Borrower BorrowersOperating Partnership, or any of their Subsidiaries to which $250,000,000 or more of the Borrower's Subsidiaries Combined Equity Value is attributable or over all or a substantial part of the property Property of any General Partner, the Borrower Operating Partnership or any of the Borrower's such Subsidiaries shall be enteredentered or (b) the Mall Owner; or, to the extent such appointment relates to an involuntary case under any applicable bankruptcy, insolvency or similar law now or hereafter in effect, an interim receiver, trustee or other custodian of any General Partner, the Borrower Operating Partnership or any of such Subsidiaries or the Borrower's Subsidiaries Mall Owner or of all or a substantial part of the property Property of any General Partner, the Borrower Operating Partnership or any of such Subsidiaries or the Borrower's Subsidiaries Mall Owner shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property Property of any General Partner, the Borrower Operating Partnership or any of such Subsidiaries or the Borrower's Subsidiaries Mall Owner shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance; or the respective board of directors of any General Partner or Limited Partners of the Operating Partnership ofor the Mall Owner or the board of directors or partners of any of Operating Partnership’s Subsidiaries (or any committee thereof) adopts any resolution or otherwise authorizes any action to approve any of the foregoing; provided that, for the avoidance of doubt, the appointment of a receiver in connection with a foreclosure proceeding with respect to a Project secured by Non-Recourse Indebtedness shall not constitute an Event of Default under this Agreement so long as the aggregate Combined Equity Value attributable to Projects for which a receiver has been so appointed does not exceed $250,000,000 at any time.
Appears in 1 contract
Samples: Senior Secured Term Loan Agreement (Washington Prime Group, L.P.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower or any of the Borrower's Subsidiaries Credit Party and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower or any of the Borrower's Subsidiaries Credit Party in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local Requirements of Law; or foreign lawthe board of directors of any Credit Party (or any committee thereof) adopts any resolution or otherwise authorizes any action to approve any of the foregoing.
(ii) 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 Borrower or any of the Borrower's Subsidiaries Credit Party or over all or a substantial part of the property Property of the Borrower or any of the Borrower's Subsidiaries Credit Party shall be entered; or an interim receiver, trustee or other custodian of the Borrower or any of the Borrower's Subsidiaries Credit Party or of all or a substantial part of the property Property of the Borrower or any of the Borrower's Subsidiaries Credit Party shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property Property of the Borrower or any of the Borrower's Subsidiaries Credit Party shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance; or the board of directors of any Credit Party (or any committee thereof) adopts any resolution or otherwise authorizes any action to approve any of the foregoing.
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case or other proceeding shall be commenced against the Borrower REIT, Borrower, any Subsidiary, or any of the Borrower's Subsidiaries Agreement Party and the petition shall not be dismissed, stayed, bonded or discharged dismissed within sixty (60) days after commencement of the case; , or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower REIT, Borrower, any Subsidiary, or any of Agreement Party, as the Borrower's Subsidiaries case may be, in an involuntary casecase or other proceeding, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local state or foreign law.; or
(ii) 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 Borrower, the Borrower REIT, any Subsidiary, or any of the Borrower's Subsidiaries Agreement Party, or over all or a substantial part of the property of the Borrower REIT, Borrower, any Subsidiary, or any of the Borrower's Subsidiaries Agreement Party shall be entered; , or an interim receiver, trustee or other custodian of the Borrower REIT, Borrower, any Subsidiary, or any of the Borrower's Subsidiaries Agreement Party, or of all or a substantial part of the property of the Borrower REIT, Borrower, any Subsidiary, or any of the Borrower's Subsidiaries Agreement Party shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of the Borrower REIT, Borrower, any Subsidiary, or any of the Borrower's Subsidiaries Agreement Party shall be issued and any such event shall not be stayed, vacated, dismissed, bonded or discharged within sixty (60) days after of entry, appointment or issuance.. 66
Appears in 1 contract
Samples: Credit Agreement (Manufactured Home Communities Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case under any applicable bankruptcy, insolvency or similar law now or hereafter in effect shall be commenced against any General Partner, the Borrower Borrower, or any of its Subsidiaries to which $250,000,000 or more of the Borrower's Subsidiaries Combined Equity Value is attributable, and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of any General Partner, the Borrower or any of the Borrower's its Subsidiaries in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter hereafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law; or the respective board of directors of any General Partner or Limited Partners of the Borrower or the board of directors or partners of any of the Borrower’s Subsidiaries (or any committee thereof) adopts any resolution or otherwise authorizes any action to approve any of the foregoing.
(ii) A To the extent such appointment relates to an involuntary case under any applicable bankruptcy, insolvency or similar law now or hereafter in effect, a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over any General Partner, the Borrower Borrower, or any of its Subsidiaries to which $250,000,000 or more of the Borrower's Subsidiaries Combined Equity Value is attributable or over all or a substantial part of the property Property of any General Partner, the Borrower or any of the Borrower's such Subsidiaries shall be entered; or, to the extent such appointment relates to an involuntary case under any applicable bankruptcy, insolvency or similar law now or hereafter in effect, an interim receiver, trustee or other custodian of any General Partner, the Borrower or any of the Borrower's such Subsidiaries or of all or a substantial part of the property Property of any General Partner, the Borrower or any of the Borrower's such Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property Property of any General Partner, the Borrower or any of the Borrower's such Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance; or the respective board of directors of any General Partner or Limited Partners of the Borrower or the board of directors or partners of any of Borrower’s Subsidiaries (or any committee thereof) adopts any resolution or otherwise authorizes any action to approve any of the foregoing.
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower or any A court of the Borrower's Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having competent jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower Holdings or any of the Borrower's its Subsidiaries (other than Excluded Subsidiaries) in an involuntary case, case under the Bankruptcy Code or under any other applicable bankruptcy, winding up, dissolution, insolvency or other similar law now or hereinafter hereafter in effecteffect in any applicable jurisdiction, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, state, local foreign or foreign state law.
; (ii) A an involuntary case shall be commenced against Holdings or any of its Subsidiaries (other than Excluded Subsidiaries) under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect in any applicable jurisdiction; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian custodian, administrator or other officer in any applicable jurisdiction having similar powers over the Borrower Holdings or any of the Borrower's its Subsidiaries (other than Excluded Subsidiaries), or over all or a substantial part of the property of the Borrower or any of the Borrower's Subsidiaries its property, shall be have been entered; or there shall have occurred the involuntary appointment of an interim receiver, administrator, liquidator, trustee or other custodian of the Borrower Holdings or any of the Borrower's its Subsidiaries or of (other than Excluded Subsidiaries) for all or a substantial part of the property of the Borrower or any of the Borrower's Subsidiaries shall be appointed its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Borrower Holdings or any of its Subsidiaries (other than Excluded Subsidiaries), and in the Borrower's Subsidiaries case of the commencement of a voluntary case under the Bankruptcy Code only, such case shall be issued and any such event shall not be stayed, continue for sixty days without having been dismissed, bonded or discharged within sixty discharged; or (60iii) days after entryany analogous step or procedure is taken under the laws of any jurisdiction in respect of Holdings or any of its Subsidiaries (other than Excluded Subsidiaries), appointment but only to the extent such step or issuance.procedure is reasonably likely to result in a Material Adverse Effect; or
Appears in 1 contract
Samples: First Lien Credit and Guaranty Agreement (Solera Holdings LLC)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (ia) An involuntary case case, proceeding or other action shall be commenced against the Borrower any Credit Party or any Subsidiary thereof under any existing or future law of the Borrower's Subsidiaries any jurisdiction, domestic or foreign, relating to bankruptcy, insolvency, reorganization or relief of debtors, seeking to have any order for relief entered with respect to it, or seeking to adjudicate it as bankrupt or insolvent, or seeking reorganization, arrangement, adjustment, wind-up, liquidation, dissolution, composition or other relief with respect to it or its debts, or seeking appointment of a receiver, administrative receiver, trustee, receiver-manager, liquidator, sequestrator, administrator, custodian or similar official for it or for all or any substantial part of its assets, and the petition if such case or proceeding is being diligently contested in good faith, which case, proceeding or other action shall not be stayed, dismissed, stayed, bonded or discharged within sixty thirty (6030) days after commencement of the casedays; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower any Credit Party or any of the Borrower's Subsidiaries Subsidiary thereof in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law; or any petition is presented by any Person for the appointment of an administrator of any Credit Party or any Subsidiary thereof and if such petition is being diligently contested in good faith, such petition shall not be stayed, dismissed, bonded or discharged within thirty (30) days.
(iib) A decree or order of a court having jurisdiction in the premises for the appointment of a receiver, receiver-manager, liquidator, administrative receiver, sequestrator, trustee, custodian or other officer having similar powers over the Borrower any Credit Party or any of the Borrower's Subsidiaries Subsidiary thereof or over all or a substantial part of the property Property of the Borrower any Credit Party or any of the Borrower's Subsidiaries Subsidiary thereof shall be entered; or an interim receiver, trustee or other custodian of the Borrower any Credit Party or any of the Borrower's Subsidiaries Subsidiary thereof or of all or a substantial part of the property of the Borrower any Credit Party or any of the Borrower's Subsidiaries Subsidiary thereof shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property Property of the Borrower any Credit Party or any of the Borrower's Subsidiaries Subsidiary thereof shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty thirty (6030) days after entry, appointment or issuance.
(c) Any order, judgment or decree shall be entered against any Credit Party or any Subsidiary thereof, decreeing its involuntary dissolution, split up or other similar proceeding, and such order shall remain undischarged and unstayed for a period in excess of thirty (30) days; or any Credit Party or any Subsidiary thereof shall otherwise dissolve or cease to exist except as specifically permitted hereby.
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be is commenced against the Borrower or any of the Borrower's Subsidiaries and the petition shall is not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter enters a decree or order for relief in respect of the Borrower or any of the Borrower's Subsidiaries in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be is granted under any applicable federal, state, local or foreign law.
(ii) 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 Borrower or any of the Borrower's Subsidiaries or over all or a substantial part of the property of the Borrower or any of the Borrower's Subsidiaries shall be is entered; or an interim receiver, trustee or other custodian of the Borrower or any of the Borrower's Subsidiaries or of all or a substantial part of the property of the Borrower or any of the Borrower's Subsidiaries shall be is appointed or a warrant of attachment, execution or similar process against any substantial part of the property of the Borrower or any of the Borrower's Subsidiaries shall be is issued and any such event shall is not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance.
Appears in 1 contract
Samples: Credit Agreement (Firstamerica Automotive Inc /De/)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower or any of the Borrower's Material Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower or any of the Borrower's Material Subsidiaries in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law.
(ii) A decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian custo- dian or other officer having similar powers over the Borrower or any of the Borrower's Material Subsidiaries or over all or a substantial part of the property of the Borrower or any of the Borrower's Material Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of the Borrower or any of the Borrower's Material Subsidiaries or of all or a substantial substan- tial part of the property of the Borrower or any of the Borrower's Material Subsidiaries shall be appointed or a warrant of attachment, execution execu- tion or similar process against any substantial part of the property of the Borrower or any of the Borrower's Material Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance.
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case under any applicable bankruptcy, insolvency or similar law now or hereafter in effect shall be commenced against any General Partner, the Borrower Borrower, or any of its Subsidiaries to which $150,000,000 or more of the Borrower's Subsidiaries Combined Equity Value is attributable, and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of any General Partner, the Borrower or any of the Borrower's its Subsidiaries in an involuntary case, under any applicable bankruptcy, 132 insolvency or other similar law now or hereinafter hereafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law; or the respective board of directors of any General Partner or Limited Partners of the Borrower or the board of directors or partners of any of the Borrower's Subsidiaries (or any committee thereof) adopts any resolution or otherwise authorizes any action to approve any of the foregoing.
(ii) A decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over any of the Borrower General Partners, the Borrower, or any of its Subsidiaries to which $150,000,000 or more of the Borrower's Subsidiaries Combined Equity Value is attributable, or over all or a substantial part of the property Property of any of the General Partners, the Borrower or any of the Borrower's such Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of any of the General Partners, the Borrower or any of the Borrower's such Subsidiaries or of all or a substantial part of the property Property of any of the General Partners, the Borrower or any of the Borrower's such Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property Property of any of the General Partners, the Borrower or any of the Borrower's such Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance; or the respective board of directors of any of the General Partners or Limited Partners of the Borrower or the board of directors or partners of any of Borrower's Subsidiaries (or any committee thereof) adopts any resolution or otherwise authorizes any action to approve any of the foregoing.
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower or any A court of the Borrower's Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having competent jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower Xerium or any of the Borrower's its Subsidiaries in an involuntary case, case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereinafter hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, state, local provincial or foreign state law.
; or (ii) A an involuntary case (including, without limitation, a winding-up, dissolution, reorganization, compromise or arrangement) shall be commenced against Xerium or any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, or any application shall have been made, or is required by applicable law to be made, with a court for the opening of insolvency proceedings with regard to Xerium or any of its Subsidiaries; 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 Borrower Xerium or any of the Borrower's Subsidiaries its Subsidiaries, or over all or a substantial part of the property of the Borrower or any of the Borrower's Subsidiaries its property, shall be have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Borrower Xerium or any of the Borrower's its Subsidiaries or of for all or a substantial part of the property of the Borrower or any of the Borrower's Subsidiaries shall be appointed its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Borrower Xerium or any of its Subsidiaries, and (A) in relation only to the Borrower's Subsidiaries shall be issued Euro Borrower and any Foreign Subsidiary, any such event described in this clause (ii) shall not be stayed, continue for seven days without having been dismissed, bonded or discharged within discharged, and (B) in relation only to Xerium or any Domestic Subsidiary, any such event described in this clause (ii) shall continue for sixty (60) days after entrywithout having been dismissed, appointment bonded or issuance.discharged; or
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Xerium Technologies Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower Company or any of the Borrower's Company’s Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty forty‑five (6045) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower Company or any of the Borrower's Company’s Subsidiaries in an involuntary 76 67501104_3 case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law.
(ii) 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 Borrower Company or any of the Borrower's Company’s Subsidiaries or over all or a substantial part of the property of the Borrower Company or any of the Borrower's Company’s Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of the Borrower Company or any of the Borrower's Company’s Subsidiaries or of all or a substantial part of the property of the Borrower Company or any of the Borrower's Company’s Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of the Borrower Company or any of the Borrower's Company’s Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty forty‑five (6045) days after entry, appointment or issuance.
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (iA) An involuntary case shall be commenced against the Borrower or any of the Borrower's Subsidiaries Loan Party and the petition shall not be dismissed, stayed, bonded or discharged within sixty forty-five (6045) days after commencement of the case; or (B) a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower or any of the Borrower's Subsidiaries Loan Party in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or (C) any other similar relief shall be granted under any applicable federal, state, local or foreign law; or (D) the board of directors (or other governing body) of any Loan Party (or any committee thereof) adopts any resolution or otherwise authorizes any action to approve any of the foregoing.
(ii) 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 Borrower or any of the Borrower's Subsidiaries Loan Party or over all or a substantial part of the property Property of the Borrower or any of the Borrower's Subsidiaries Loan Party shall be entered; or an interim receiver, trustee or other custodian of the Borrower or any of the Borrower's Subsidiaries Loan Party or of all or a substantial part of the property Property of the Borrower or any of the Borrower's Subsidiaries Loan Party shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property Property of the Borrower or any of the Borrower's Subsidiaries Loan Party shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty forty-five (6045) days after entry, appointment or issuance; or the board of directors of any Loan Party (or any committee thereof) adopts any resolution or otherwise authorizes any action to approve any of the foregoing.
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An ---------------------------------------------------------- involuntary case shall be commenced against the Borrower or ATSC or any of the Borrower's Subsidiaries Restricted Subsidiary, and the petition shall not be dismissed, stayed, bonded or discharged dismissed within sixty (60) 60 days after commencement of the case; , or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower or ATSC or any of the Borrower's Subsidiaries Restricted Subsidiary in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local state or foreign law.
(ii) 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 Borrower or ATSC or any of the Borrower's Subsidiaries Restricted Subsidiary, or over all or a substantial part of the property of the Borrower or ATSC or any of the Borrower's Subsidiaries Restricted Subsidiary, shall be entered; or an interim receiver, trustee or other custodian of the Borrower or ATSC or any of the Borrower's Subsidiaries Restricted Subsidiary, or of all or a substantial part of the property of the Borrower or ATSC or any of the Borrower's Subsidiaries Restricted Subsidiary, shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of the Borrower or ATSC or any of the Borrower's Subsidiaries Restricted Subsidiary, shall be issued and any such event shall not be stayed, vacated, dismissed, bonded or discharged within sixty (60) 60 days after of entry, appointment or issuance.
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower or any of the Borrower's its Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower or any of the Borrower's its Subsidiaries in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter hereafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law.
(ii) 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 Borrower or any of the Borrower's its Subsidiaries or over all or a substantial part of the property of the Borrower or any of the Borrower's its Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of the Borrower or any of the Borrower's its Subsidiaries or of all or a substantial part of the property of the Borrower or any of the Borrower's its Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of the Borrower or any of the Borrower's its Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance.
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case under any applicable bankruptcy, insolvency or similar law now or hereafter in effect shall be commenced against any General Partner, the Borrower Borrower, or any of its Subsidiaries to which $150,000,000 or more of the Borrower's Subsidiaries Combined Equity Value is attributable, and the petition shall not be dismissed, stayed, bonded or 108 discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of any General Partner, the Borrower or any of the Borrower's its Subsidiaries in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter hereafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law; or the respective board of directors of any General Partner or Limited Partners of the Borrower or the board of directors or partners of any of the Borrower's Subsidiaries (or any committee thereof) adopts any resolution or otherwise authorizes any action to approve any of the foregoing.
(ii) 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 Borrower General Partner, the Borrower, or any of its Subsidiaries to which $150,000,000 or more of the Borrower's Subsidiaries Combined Equity Value is attributable, or over all or a substantial part of the property Property of the General Partner, the Borrower or any of the Borrower's such Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of the General Partner, the Borrower or any of the Borrower's such Subsidiaries or of all or a substantial part of the property Property of the General Partner, the Borrower or any of the Borrower's such Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property Property of the General Partner, the Borrower or any of the Borrower's such Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance; or the respective board of directors of the General Partner or Limited Partners of the Borrower or the board of directors or partners of any of Borrower's Subsidiaries (or any committee thereof) adopts any resolution or otherwise authorizes any action to approve any of the foregoing.
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower Company or any of the Borrower's Company’s Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty forty-five (6045) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower Company or any of the Borrower's Company’s Subsidiaries in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law.
(ii) 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 Borrower Company or any of the Borrower's Company’s Subsidiaries or over all or a substantial part of the property of the Borrower Company or any of the Borrower's Company’s Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of the Borrower Company or any of the Borrower's Company’s Subsidiaries or of all or a substantial part of the property of the Borrower Company or any of the Borrower's Company’s Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of the Borrower Company or any of the Borrower's Company’s Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty forty-five (6045) days after entry, appointment or issuance.. 108 68208499_3
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower Borrower, OSA, VANTAS, Vantacq, RSVP or any Material Subsidiary of the Borrower's Subsidiaries Borrower in which the Borrower has invested capital, or committed to invest capital, of more than $20,000,000 and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower Borrower, OSA, VANTAS, Vantacq, RSVP or any Material Subsidiary of the Borrower's Subsidiaries Borrower in which the Borrower has invested capital, or committed to invest capital, of more than $20,000,000 in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law; or the respective board of directors of the Borrower, OSA, VANTAS, Vantacq, RSVP or any Material Subsidiary of the Borrower in which the Borrower has invested capital, or committed to invest capital, of more than $20,000,000 (or any committee thereof) adopts any resolution or otherwise authorizes any action to approve any of the foregoing.
(ii) 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 Borrower Borrower, OSA, VANTAS, Vantacq, RSVP or any Material Subsidiary of the Borrower's Subsidiaries Borrower in which the Borrower has invested capital, or committed to invest capital, of more than $20,000,000, or over all or a substantial part of the property Property of the Borrower or any of the Borrower's Subsidiaries such entities shall be entered; or an interim receiver, trustee or other custodian of the Borrower Borrower, OSA, VANTAS, Vantacq, RSVP or any Material Subsidiary of the Borrower's Subsidiaries Borrower in which the Borrower has invested capital, or committed to invest capital, of more than $20,000,000 or of all or a substantial part of the property Property of the Borrower or any of the Borrower's Subsidiaries such entities shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property Property of the Borrower or any of the Borrower's Subsidiaries such entities shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance; or the board of directors of the Borrower, OSA, VANTAS, Vantacq, RSVP or any Material Subsidiary of the Borrower in which the Borrower has invested capital, or committed to invest capital, of more than $20,000,000 (or any committee thereof) adopts any resolution or otherwise authorizes any action to approve any of the foregoing.
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower or any Subsidiary of the Borrower's Subsidiaries Borrower and the petition shall not be (A) controverted within ten (10) days after the filing thereof and (B) dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower or any Subsidiary of the Borrower's Subsidiaries Borrower in an involuntary invol-untary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law.
(ii) A decree or order of a court having jurisdiction juris-diction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Borrower or any Su-bsidiary of the Borrower's Subsidiaries Borrower or over all or a substantial part of the property Property of the Borrower or any of the Borrower's Subsidiaries such Person shall be entered; or an interim receiver, trustee or other custodian of the Borrower or any Subsidiary of the Borrower's Subsidiaries Borrower or of all or a substantial substan-tial part of the property Property of the Borrower or any of the Borrower's Subsidiaries such Person shall be appointed or a warrant war-rant of attachment, execution or similar process against any substantial part of the property Property of the Borrower or any Subsidiary of the Borrower's Subsidiaries Borrower shall be issued and any such event shall not be stayed, dismisseddis-missed, bonded or discharged within sixty thirty (6030) days after entry, appointment or issuance.
(iii) Notwithstanding anything to the contrary contained herein, the foregoing shall only apply to an Unrestricted Subsidiary if the Borrower or any Restricted Subsidiary is, at the time of such commencement or decree, or thereafter becomes, a creditor of such Unrestricted Subsidiary or is or becomes subject to any action or proceeding in any such case against or which could have an adverse impact upon the assets or ability of the Borrower or any Restricted Subsidiary to pay the Obligations in accordance with their terms (including, without limiting the foregoing, any proceeding for substantive consolidation or equitable subordination).
Appears in 1 contract
Samples: Credit Agreement (Fairchild Corp)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower or any of the Borrower's ’s Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower or any of the Borrower's ’s Subsidiaries in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law.
(ii) 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 Borrower or any of the Borrower's ’s Subsidiaries or over all or a substantial part of the property of the Borrower or any of the Borrower's ’s Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of the Borrower or any of the Borrower's ’s Subsidiaries or of all or a substantial part of the property of the Borrower or any of the Borrower's Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of the Borrower or any of the Borrower's ’s Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance.
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case under any applicable bankruptcy, insolvency or similar law now or hereafter in effect shall be commenced against any General Partner, the Borrower Borrower, or any of its Subsidiaries to which $250,000,000 or more of the Borrower's Subsidiaries Combined Equity Value is attributable, and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of any General Partner, the Borrower or any of the Borrower's its Subsidiaries in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter hereafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law; or the respective board of directors of any General Partner or Limited Partners of the Borrower or the board of directors or partners of any of the Borrower’s Subsidiaries (or any committee thereof) adopts any resolution or otherwise authorizes any action to approve any of the foregoing.
(ii) A decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over any General Partner, the Borrower Borrower, or any of its Subsidiaries to which $250,000,000 or more of the Borrower's Subsidiaries Combined Equity Value is attributable or over all or a substantial part of the property Property of any General Partner, the Borrower or any of the Borrower's such Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of any General Partner, the Borrower or any of the Borrower's such Subsidiaries or of all or a substantial part of the property Property of any General Partner, the Borrower or any of the Borrower's such Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property Property of any General Partner, the Borrower or any of the Borrower's such Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance.; or the respective board of directors of any General Partner or Limited Partners of the Borrower or the board of directors or partners of any of Borrower’s Subsidiaries (or any committee thereof) adopts any resolution or otherwise authorizes any action to approve any of the foregoing. DB3/376865415.8
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower Company or any of the Borrower's Company’s Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty forty-five (6045) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower Company or any of the Borrower's Company’s Subsidiaries in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law.
(ii) 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 Borrower Company or any of the Borrower's Company’s Subsidiaries or over all or a substantial part of the property of the Borrower Company or any of the Borrower's Company’s Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of the Borrower Company or any of the Borrower's Company’s Subsidiaries or of all or a substantial part of the property of the Borrower Company or any of the Borrower's Company’s Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of the Borrower Company or any of the Borrower's Company’s Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty forty-five (6045) days after entry, appointment or issuance.. 77 67688554_7
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Company, the Borrower or any of its Subsidiaries to which $25,000,000 or more of the Borrower's Subsidiaries Combined Equity Value is attributable, and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Company, the Borrower or any such Subsidiaries of the Borrower's Subsidiaries Borrower in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter hereafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law; or the respective board of directors of the Company, or General Partner or Limited Partners of the Borrower or the board of directors or partners of any such Subsidiaries of the Borrower (or any committee thereof) adopts any resolution or otherwise authorizes any action to approve any of the foregoing.
(ii) 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, the Borrower or any of their Subsidiaries to which $25,000,000 or more of the Borrower's Subsidiaries Combined Equity Value is attributable, or over all or a substantial part of the property Property of the Company, the Borrower or any of the Borrower's Subsidiaries such Subsidiaries, shall be entered; or an interim receiver, trustee or other custodian of the Company, the Borrower or any of the Borrower's such Subsidiaries or of all or a substantial part of the property Property of the Company, the Borrower or any of the Borrower's such Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property Property of any of the Borrower Company, the Borrower, 105 or any of the Borrower's such Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance; or the respective board of directors of any of the Company or General Partners or Limited Partners of the Borrower or the board of directors or partners of any of Borrower's Subsidiaries (or any committee thereof) adopts any resolution or otherwise authorizes any action to approve any of the foregoing.
Appears in 1 contract
Samples: Revolving Credit Agreement (Reckson Associates Realty Corp)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower Company, any of the Company’s Significant Domestic Incorporated Subsidiaries, or any of the Borrower's Company’s Significant Foreign Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower Company, any of the Company’s Significant Domestic Incorporated Subsidiaries, or any of the Borrower's Company’s Significant Foreign Subsidiaries in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law.
(ii) 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 Borrower Company, any of the Company’s Significant Domestic 102 Incorporated Subsidiaries or any of the Borrower's Company’s Significant Foreign Subsidiaries or over all or a substantial part of the property of the Borrower Company, any of the Company’s Significant Domestic Incorporated Subsidiaries or any of the Borrower's Company’s Significant Foreign Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of the Borrower Company, any of the Company’s Significant Domestic Incorporated Subsidiaries or any of the Borrower's Company’s Significant Foreign Subsidiaries or of all or a substantial part of the property of the Borrower Company, any of the Company’s Significant Domestic Incorporated Subsidiaries or any of the Borrower's Company’s Significant Foreign Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of the Borrower Company, any of the Company’s Significant Domestic Incorporated Subsidiaries or any of the Borrower's Company’s Significant Foreign Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance.
(iii) Any member of the Obligor Group incorporated under the laws of the Federal Republic of Germany: (i) is over-indebted (überschuldet) within the meaning of section 19 InsO (as applicable from time to time) or unable to pay its debts as they fall due (zahlungsunfähig) within the meaning of section 17 InsO, suspends making payments on all or a material part of its debts or announces an intention to do so or (ii) commences negotiations with any one or more of its creditors (other than a Credit Party in its capacity as such) with a view to the general readjustment or rescheduling of its indebtedness or, for any of the reasons set out in sections 17 to 19 InsO or (iii) any such member of the Obligor Group files for insolvency (Antrag auf Eröffnung eines Insolvenzverfahrens) or the board of directors or management (Vorstand oder Geschäftsführung) of any such member of the Obligor Group is required by law to file for insolvency; or (iv) the competent court takes any of the actions set out in section 21 InsO or the competent court institutes or rejects (for reason of insufficiency of its funds to implement such proceedings) insolvency proceedings against any such member of the Obligor Group (Eröffnung des Insolvenzverfahrens).
Appears in 1 contract
Samples: Credit Agreement (Woodward, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower or any of the Borrower's Subsidiaries Credit Party and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower or any of the Borrower's Subsidiaries Credit Party in an involuntary case, under any [EXECUTION VERSION] applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local Requirements of Law; or foreign lawthe board of directors of any Credit Party (or any committee thereof) adopts any resolution or otherwise authorizes any action to approve any of the foregoing.
(ii) 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 Borrower or any of the Borrower's Subsidiaries Credit Party or over all or a substantial part of the property Property of the Borrower or any of the Borrower's Subsidiaries Credit Party shall be entered; or an interim receiver, trustee or other custodian of the Borrower or any of the Borrower's Subsidiaries Credit Party or of all or a substantial part of the property Property of the Borrower or any of the Borrower's Subsidiaries Credit Party shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property Property of the Borrower or any of the Borrower's Subsidiaries Credit Party shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty (60) days after entry, appointment or issuance; or the board of directors of any Credit Party (or any committee thereof) adopts any resolution or otherwise authorizes any action to approve any of the foregoing.
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) An involuntary case shall be commenced against the Borrower Parent or any of the Borrower's its Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty forty-five (6045) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower Parent or any of the Borrower's its Subsidiaries in an involuntary case, under any applicable bankruptcy, insolvency or other similar law now or hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law.
(ii) 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 Borrower Parent or any of the Borrower's its Subsidiaries or over all or a substantial part of the property of the Borrower Parent or any of the Borrower's its Subsidiaries shall be entered; or an interim receiver, trustee or other custodian of the Borrower Parent or any of the Borrower's its Subsidiaries or of all or a substantial part of the property of the Borrower Parent or any of the Borrower's its Subsidiaries shall be appointed or a warrant of attachment, execution or similar process against any substantial part of the property of the Borrower Parent or any of the Borrower's its Subsidiaries shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within sixty forty-five (6045) days after entry, appointment or issuance.
Appears in 1 contract
