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

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a court of competent jurisdiction of a decree or order for relief in respect of Holdings, the Borrower or any Significant Subsidiary in an involuntary case under any Debtor Relief Law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, state or local Requirement of Law; or (ii) the commencement of an involuntary case against Holdings, the Borrower or any Significant Subsidiary under any Debtor Relief Law; the entry by a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor or other officer having similar powers over Holdings, the Borrower or any Significant Subsidiary, or over all or a substantial part of its property; or the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower or any Significant Subsidiary for all or a substantial part of its property, which remains undismissed, unvacated, unbounded or unstayed pending appeal for 60 consecutive days; or

Appears in 10 contracts

Samples: First Lien Credit Agreement (Waystar Holding Corp.), First Lien Credit Agreement (Waystar Holding Corp.), First Lien Credit Agreement (Waystar Holding Corp.)

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Involuntary Bankruptcy; Appointment of Receiver, Etc. (ia) The entry by a A court of competent having jurisdiction of in the premises shall enter a decree or order for relief in respect of Holdings, the Borrower or any Significant Subsidiary of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or any Debtor Relief Law applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, federal or state or local Requirement of Law; or law and is not stayed. (iib) the commencement of an An involuntary case is commenced against Holdings, the Borrower or any Significant Subsidiary of its Material Subsidiaries under any Debtor Relief Lawapplicable bankruptcy, insolvency or other similar law now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower or any Significant Subsidiaryof its Material Subsidiaries, or over all or a substantial part of its property, shall have been entered; or the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower or any Significant Subsidiary of its Material Subsidiaries for all or a substantial part of the property of the Borrower or any of its propertyMaterial Subsidiaries is involuntarily appointed; or a warrant of attachment, which remains undismissedexecution or similar process is issued against any substantial part of the property of the Borrower or any of its Material Subsidiaries; and the continuance of any such events in subpart (b) for 90 days unless dismissed, unvacated, unbounded bonded or unstayed pending appeal for 60 consecutive days; ordischarged.

Appears in 10 contracts

Samples: Credit Agreement (McGraw Hill Financial Inc), Credit Agreement (McGraw-Hill Companies Inc), 364 Day Credit Agreement (McGraw-Hill Companies Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent jurisdiction of shall enter a decree or order for relief in respect of Holdings, the Borrower Holdings or any Significant Subsidiary of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, federal or state or local Requirement of Lawlaw; or (ii) the commencement of an involuntary case shall be commenced against Holdings, the Borrower Holdings or any Significant Subsidiary of its Subsidiaries under the Bankruptcy Code or under any Debtor Relief Lawother applicable bankruptcy, insolvency or similar law now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower Holdings or any Significant Subsidiaryof its Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower Holdings or any Significant Subsidiary of its Subsidiaries for all or a substantial part of its property; or a warrant of attachment, which remains undismissedexecution or similar process shall have been issued against any substantial part of the property of Holdings or any of its Subsidiaries, unvacatedand any such event described in this clause (ii) shall continue for sixty days without having been dismissed, unbounded bonded or unstayed pending appeal for 60 consecutive daysdischarged; or

Appears in 10 contracts

Samples: Credit and Guaranty Agreement (AvidXchange Holdings, Inc.), Credit and Guaranty Agreement (Meridian Waste Solutions, Inc.), Credit and Guaranty Agreement (Meridian Waste Solutions, Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a court of competent jurisdiction of a decree or order for relief in respect of Holdings, the Borrower or any Significant Subsidiary of its Restricted Subsidiaries (other than any Immaterial Subsidiary) in an involuntary case or proceeding under any Debtor Relief Law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, state or local Requirement Requirements of Law, which relief is not stayed; or (ii) the commencement of an involuntary case or proceeding against Holdings, the Borrower or any Significant Subsidiary of its Restricted Subsidiaries (other than any Immaterial Subsidiary) under any Debtor Relief Law; the entry by a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower or any Significant of its Restricted Subsidiaries (other than any Immaterial Subsidiary), or over all or a substantial material part of its property; or the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower or any Significant Subsidiary of its Restricted Subsidiaries (other than any Immaterial Subsidiary) for all or a substantial material part of its property, which remains remains, in any case or proceeding under this clause (f), undismissed, unvacated, unbounded unbonded or unstayed pending appeal for 60 consecutive days; or

Appears in 9 contracts

Samples: Term Loan Credit Agreement (Blackstone Mortgage Trust, Inc.), Term Loan Credit Agreement (Blackstone Mortgage Trust, Inc.), Term Loan Credit Agreement (Blackstone Mortgage Trust, Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent jurisdiction of shall enter a decree or order for relief in respect of Holdings, the Borrower or any Significant Subsidiary of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, federal or state or local Requirement of Lawlaw; or (ii) the commencement of an involuntary case shall be commenced against Holdings, the Borrower or any Significant Subsidiary of its Subsidiaries under the Bankruptcy Code or under any Debtor Relief Lawother applicable bankruptcy, insolvency or similar law now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower or any Significant Subsidiaryof its Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower or any Significant Subsidiary of its Subsidiaries for all or a substantial part of its property; or a warrant of attachment, which remains undismissedexecution or similar process shall have been issued against any substantial part of the property of Borrower or any of its Subsidiaries, unvacatedand any such event described in this clause (ii) shall continue for sixty days without having been dismissed, unbounded bonded or unstayed pending appeal for 60 consecutive daysdischarged; or

Appears in 8 contracts

Samples: Credit Agreement (Waitr Holdings Inc.), Credit Agreement (Waitr Holdings Inc.), Credit and Guaranty Agreement (Valeant Pharmaceuticals International)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent having jurisdiction of in the premises shall enter a decree or order for relief in respect of Holdings, the Borrower or any Significant Subsidiary of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, federal or state or local Requirement of Lawlaw; or or (ii) the commencement of an involuntary case shall be commenced against Holdings, the Borrower or any Significant Subsidiary of its Subsidiaries under the Bankruptcy Code or under any Debtor Relief Lawother applicable bankruptcy, insolvency or similar law now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower or any Significant Subsidiaryof its Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower or any Significant Subsidiary of its Subsidiaries for all or a substantial part of its property; or a warrant of attachment, which remains undismissedexecution or similar process shall have been issued against any substantial part of the property of Borrower or any of its Subsidiaries, unvacated, unbounded or unstayed pending appeal and any such event described in this clause (ii) shall continue for 60 consecutive daysdays unless dismissed, bonded or discharged; or

Appears in 7 contracts

Samples: Credit Agreement (Newmarket Corp), Credit Agreement (Lodgenet Entertainment Corp), Credit Agreement (Integrated Defense Technologies Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent having jurisdiction of in the premises shall enter a decree or order for relief in respect of Holdings, the Borrower Company or any Significant Subsidiary of its Subsidiaries (other than Immaterial Subsidiaries) in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, federal or state or local Requirement of Lawlaw; or (ii) the commencement of an involuntary case shall be commenced against Holdings, the Borrower Company or any Significant Subsidiary of its Subsidiaries (other than Immaterial Subsidiaries) under the Bankruptcy Code or under any Debtor Relief Lawother applicable bankruptcy, insolvency or similar law now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower Company or any Significant Subsidiaryof its Subsidiaries (other than Immaterial Subsidiaries), or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower Company or any Significant Subsidiary of its Subsidiaries (other than Immaterial Subsidiaries) for all or a substantial part of its property; or a warrant of attachment, which remains undismissedexecution or similar process shall have been issued against any substantial part of the property of Company or any of its Subsidiaries (other than Immaterial Subsidiaries), unvacated, unbounded or unstayed pending appeal and any such event described in this clause (ii) shall continue for 60 consecutive daysdays unless dismissed, bonded or discharged; or

Appears in 7 contracts

Samples: Credit Agreement (Aurora Foods Inc /Md/), Credit Agreement (Account Portfolios Gp Inc), Credit Agreement (Aurora Foods Inc /De/)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent jurisdiction of shall enter a decree or order for relief in respect of Holdings, the Borrower any Credit Party or any Significant Material Subsidiary in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, federal or state or local Requirement of Lawlaw; or (ii) the commencement of an involuntary case shall be commenced against Holdings, the Borrower any Credit Party or any Significant Material Subsidiary under the Bankruptcy Code or under any Debtor Relief Lawother applicable bankruptcy, insolvency or similar law now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower any Credit Party or any Significant Material Subsidiary, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower any Credit Party or any Significant Material Subsidiary for all or a substantial part of its property; or a warrant of attachment, which remains undismissedexecution or similar process shall have been issued against any substantial part of the property of any Credit Party or any Material Subsidiary, unvacatedand any such event described in this clause (ii) shall continue for sixty days without having been dismissed, unbounded bonded or unstayed pending appeal for 60 consecutive daysdischarged; or

Appears in 7 contracts

Samples: Credit Agreement (Sculptor Capital Management, Inc.), Credit and Guaranty Agreement (Sculptor Capital Management, Inc.), Credit and Guaranty Agreement (Och-Ziff Capital Management Group LLC)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent having jurisdiction of in the premises shall enter a decree or order for relief in respect of Holdings, the Borrower Company or any Significant Subsidiary of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, federal or state or local Requirement of Lawlaw; or (ii) the commencement of an involuntary case shall be commenced against Holdings, the Borrower Company or any Significant Subsidiary of its Material Subsidiaries under the Bankruptcy Code or under any Debtor Relief Lawother applicable bankruptcy, insolvency or similar law now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower Company or any Significant Subsidiaryof its Material Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower Company or any Significant Subsidiary of its Material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, which remains undismissedexecution or similar process shall have been issued against any substantial part of the property of Company or any of its Material Subsidiaries, unvacated, unbounded or unstayed pending appeal and any such event described in this clause (ii) shall continue for 60 consecutive daysdays unless dismissed, bonded or discharged; or

Appears in 7 contracts

Samples: Credit Agreement (Arterial Vascular Engineering Inc), Credit Agreement (Petco Animal Supplies Inc), Credit Agreement (Borg Warner Security Corp)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent jurisdiction of shall enter a decree or order for relief in respect of Holdings, the Borrower Holdings or any Significant Subsidiary of its Subsidiaries (other than any Immaterial Subsidiary) in an involuntary case under any Debtor Relief Law Laws now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, federal or state or local Requirement of Lawlaw; or (ii) the commencement of an involuntary case shall be commenced against Holdings, the Borrower Holdings or any Significant Subsidiary of its Subsidiaries (other than any Immaterial Subsidiary) under any Debtor Relief LawLaws now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower Holdings or any Significant of its Subsidiaries (other than any Immaterial Subsidiary), or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower Holdings or any Significant Subsidiary of its Subsidiaries (other than any Immaterial Subsidiary) for all or a substantial part of its property; or a warrant of attachment, which remains undismissedexecution or similar process shall have been issued against any substantial part of the property of Holdings or any of its Subsidiaries (other than any Immaterial Subsidiary), unvacatedand any such event described in this clause (ii) shall continue for sixty (60) days without having been stayed, unbounded released, vacated, dismissed, bonded or unstayed pending appeal for 60 consecutive daysdischarged; or

Appears in 7 contracts

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

Involuntary Bankruptcy; Appointment of Receiver, Etc. (ia) The entry by a A court of competent having jurisdiction of in the premises shall enter a decree or order for relief in respect of Holdings, the Borrower or any Significant Subsidiary of its Restricted Subsidiaries in an involuntary case under the Bankruptcy Code or any Debtor Relief Law applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, federal or state or local Requirement of Lawlaw; or (iib) the commencement of an involuntary case is commenced against Holdings, the Borrower or any Significant Subsidiary of its Restricted Subsidiaries under any Debtor Relief Lawapplicable bankruptcy, insolvency or other similar law now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower or any Significant Subsidiaryof its Restricted Subsidiaries, or over all or a substantial part of its property, shall have been entered; or the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower or any Significant Subsidiary of its Restricted Subsidiaries for all or a substantial part of the property of the Borrower or any of its propertyRestricted Subsidiaries is involuntarily appointed; or a warrant of attachment, which remains undismissedexecution or similar process is issued against any substantial part of the property of the Borrower or any of its Restricted Subsidiaries, unvacated, unbounded or unstayed pending appeal and the continuance of any such events in subpart (b) for 60 consecutive daysdays unless dismissed, bonded or discharged; or

Appears in 7 contracts

Samples: Credit Agreement (Textron Inc), 364 Day Term Loan Credit Agreement (Textron Inc), Credit Agreement (Textron Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent having jurisdiction of in the premises shall enter a decree or order for relief in respect of Holdings, the Borrower Holdings or any Significant Subsidiary of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, federal or state or local Requirement of Lawlaw; or (ii) the commencement of an involuntary case shall be commenced against Holdings, the Borrower Holdings or any Significant Subsidiary of its Subsidiaries under the Bankruptcy Code or under any Debtor Relief Lawother applicable bankruptcy, insolvency or similar law now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower Holdings or any Significant Subsidiaryof its Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower Holdings or any Significant Subsidiary of its Subsidiaries for all or a substantial part of its property; or a warrant of attachment, which remains undismissedexecution or similar process shall have been issued against any substantial part of the property of Holdings or any of its Subsidiaries, unvacated, unbounded or unstayed pending appeal and any such event described in this clause (ii) shall continue for 60 consecutive daysdays unless dismissed, bonded or discharged; or

Appears in 6 contracts

Samples: Credit Agreement (Rose Hills Co), Credit Agreement (Precision Engine Products Corp), Credit Agreement (Anthony Crane Rental Holdings Lp)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i1) The entry by a A court of competent jurisdiction of enters a decree or order for relief in with respect of to Holdings, the Borrower or any Significant Subsidiary of its Subsidiaries in an involuntary case under any Debtor Relief Law now or hereafter in effectthe Bankruptcy Code, which decree or order is not stayed; stayed or any other similar relief shall be is not granted under any applicable federal, provincial, territorial, federal or state or local Requirement of Lawlaw; or (ii2) the commencement continuance of any of the following events for sixty (60) days unless dismissed, bonded or discharged: (a) an involuntary case is commenced against Holdings, the Borrower or any Significant Subsidiary of its Subsidiaries, under any Debtor Relief Lawapplicable bankruptcy, insolvency or other similar law now or hereafter in effect; the entry by a court having jurisdiction in the premises of or (b) a decree or order of a court for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower or any Significant Subsidiaryof its Subsidiaries, or over all or a substantial part of its property, is entered; or the involuntary appointment of (c) an interim receiver, trustee or other custodian is appointed without the consent of Holdings, the Borrower or any Significant Subsidiary of its Subsidiaries, for all or a substantial part of its propertythe property of Holdings, which remains undismissed, unvacated, unbounded Borrower or unstayed pending appeal for 60 consecutive daysany such Subsidiary; or

Appears in 5 contracts

Samples: Credit Agreement (Aki Holding Corp), Credit Agreement (Acorn Products Inc), Credit Agreement (Acorn Products Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (ia) The entry by a A court of competent having jurisdiction of in the premises shall enter a decree or order for relief in respect of Holdings, the Borrower Company or any Significant of its Restricted Subsidiaries or any Subsidiary Borrower in an involuntary case under the Bankruptcy Code or any Debtor Relief Law applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, federal or state or local Requirement of Lawlaw; or (iib) the commencement of an involuntary case is commenced against Holdings, the Borrower Company or any Significant of its Restricted Subsidiaries or any Subsidiary Borrower under any Debtor Relief Lawapplicable bankruptcy, insolvency or other similar law now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower Company or any Significant Subsidiaryof its Restricted Subsidiaries or any Subsidiary Borrower, or over all or a substantial part of its property, shall have been entered; or the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower Company or any Significant of its Restricted Subsidiaries or any Subsidiary Borrower for all or a substantial part of the property of the Company or any of its propertyRestricted Subsidiaries or any Subsidiary Borrower is involuntarily appointed; or a warrant of attachment, which remains undismissedexecution or similar process is issued against any substantial part of the property of the Company or any of its Restricted Subsidiaries or any Subsidiary Borrower, unvacated, unbounded or unstayed pending appeal and the continuance of any such events in subpart (b) for 60 consecutive daysdays unless dismissed, bonded or discharged; or

Appears in 5 contracts

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

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent having jurisdiction of in the premises shall enter a decree or order for relief in respect of Holdings, the Borrower or any Significant Subsidiary of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, federal or state or local Requirement of Lawlaw; or (ii) the commencement of an involuntary case shall be commenced against Holdings, the Borrower or any Significant Subsidiary of its Material Subsidiaries under the Bankruptcy Code or under any Debtor Relief Lawother applicable bankruptcy, insolvency or similar law now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower or any Significant Subsidiaryof its Material Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower or any Significant Subsidiary of its Material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, which remains undismissedexecution or similar process shall have been issued against any substantial part of the property of Borrower or any of its Material Subsidiaries, unvacated, unbounded or unstayed pending appeal and any such event described in this clause (ii) shall continue for 60 consecutive daysdays unless dismissed, bonded or discharged; or

Appears in 5 contracts

Samples: Credit Agreement (Isle of Capri Casinos Inc), Credit Agreement (Isle of Capri Casinos Inc), Credit Agreement (Isle of Capri Casinos Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent having jurisdiction of in the premises shall enter a decree or order for relief in respect of Holdings, the Borrower Company or any Significant Subsidiary of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, state or local Requirement of Lawforeign law; or (ii) the commencement of an involuntary case shall be commenced against Holdings, the Borrower Company or any Significant Subsidiary of its Material Subsidiaries under the Bankruptcy Code or under any Debtor Relief Lawother applicable bankruptcy, insolvency, dissolution, liquidation or similar law now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower Company or any Significant Subsidiaryof its Material Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower Company or any Significant Subsidiary of its Material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, which remains undismissedexecution or similar process shall have been issued against any substantial part of the property of Company or any of its Material Subsidiaries, unvacated, unbounded or unstayed pending appeal and any such event described in this clause (ii) shall continue for 60 consecutive daysdays unless dismissed, bonded or discharged; or

Appears in 5 contracts

Samples: Credit Agreement (Alliance Imaging Inc /De/), Credit Agreement (Amphenol Corp /De/), Credit Agreement (Alliance Imaging Inc /De/)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a court of competent jurisdiction of a decree or order for relief in respect of Holdings, the Borrower or any Significant Subsidiary of its Restricted Subsidiaries (other than any Immaterial Subsidiary) in an involuntary case or proceeding under any Debtor Relief Law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, state or local Requirement Requirements of Law, which relief is not stayed; or (ii) the commencement of an involuntary case or proceeding against Holdings, the Borrower or any Significant Subsidiary of its Restricted Subsidiaries (other than any Immaterial Subsidiary) under any Debtor Relief Law; the entry by a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower or any Significant of its Restricted Subsidiaries (other than any Immaterial Subsidiary), or over all or a substantial material part of its property; or the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower or any Significant Subsidiary of its Restricted Subsidiaries (other than any Immaterial Subsidiary) for all or a substantial material part of its property, which remains remains, in any case or proceeding under this clause (f), undismissed, unvacated, unbounded unbonded or unstayed pending appeal for 60 90 consecutive days; or

Appears in 5 contracts

Samples: Term Loan Credit Agreement (Claros Mortgage Trust, Inc.), Term Loan Credit Agreement (Claros Mortgage Trust, Inc.), Term Loan Credit Agreement (Claros Mortgage Trust, Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent jurisdiction of shall enter a decree or order for relief in respect of Holdings, the Borrower Holdings or any Significant Subsidiary of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, federal or state or local Requirement of Lawlaw; or (ii) the commencement of an involuntary case shall be commenced against Holdings, the Borrower Holdings or any Significant Subsidiary of its Subsidiaries under the Bankruptcy Code or under any Debtor Relief Lawother applicable bankruptcy, insolvency or similar law now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administratorconservator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower Holdings or any Significant Subsidiaryof its Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee trustee, conservator or other custodian of Holdings, the Borrower Holdings or any Significant Subsidiary of its Subsidiaries for all or a substantial part of its property; or a warrant of attachment, which remains undismissedexecution or similar process shall have been issued against any substantial part of the property of Holdings or any of its Subsidiaries, unvacatedand any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, unbounded bonded or unstayed pending appeal for 60 consecutive daysdischarged; or

Appears in 5 contracts

Samples: Term Loan Credit and Guaranty Agreement (Fairmount Santrol Holdings Inc.), Revolving Credit and Guaranty Agreement (Fairmount Santrol Holdings Inc.), Credit and Guaranty Agreement (Fmsa Holdings Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a court of competent jurisdiction of a decree or order for relief in respect of Holdings, the Borrower or any Significant Subsidiary of its Restricted Subsidiaries (other than any Immaterial Subsidiary) in an involuntary case under any Debtor Relief Law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, state or local Requirement Requirements of Law, which relief is not stayed; or (ii) the commencement of an involuntary case against Holdings, the Borrower or any Significant Subsidiary of its Restricted Subsidiaries (other than any Immaterial Subsidiary) under any Debtor Relief Law; the entry by a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower or any Significant of its Restricted Subsidiaries (other than any Immaterial Subsidiary), or over all or a substantial material part of its property; or the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower or any Significant Subsidiary of its Restricted Subsidiaries (other than any Immaterial Subsidiary) for all or a substantial material part of its property, which remains remains, in any case under this clause (f), undismissed, unvacated, unbounded unbonded or unstayed pending appeal for 60 consecutive days; or

Appears in 4 contracts

Samples: Credit Agreement (CCC Intelligent Solutions Holdings Inc.), Credit Agreement (CCC Intelligent Solutions Holdings Inc.), Credit Agreement (CCC Intelligent Solutions Holdings Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (ia) The entry by a A court of competent having proper jurisdiction of shall enter a decree or order for relief in with respect of Holdings, the to Borrower or any Significant Subsidiary of the Principal Parties in an involuntary case under any Debtor Relief Law now or hereafter in effectof the Insolvency Laws, which decree or order is not stayedstayed within seven (7) days after entry and dismissed within ninety (90) days after the entry of such order; or any other similar relief shall be granted under any applicable federalInsolvency Law; or (b) An involuntary case is commenced against Borrower or any of the Principal Parties, provincial, territorial, state or local Requirement of under any Insolvency Law; or (ii) the commencement of an involuntary case against Holdings, the Borrower or any Significant Subsidiary under any Debtor Relief Law; the entry by a court having jurisdiction in the premises of a decree or order of a court for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower or any Significant Subsidiary, of the Principal Parties or over all or a substantial part of its their respective property, shall be entered; or the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower or any Significant Subsidiary of the Principal Parties, for all or a substantial part of its their respective property; or the issuance of a warrant of attachment, which remains undismissedexecution or similar process against any substantial part of the respective property of Borrower or any of the Principal Parties, unvacated, unbounded and the continuance of any such event in this clause (b) for ninety (90) days unless dismissed or unstayed pending appeal for 60 consecutive days; ordischarged.

Appears in 4 contracts

Samples: Loan and Security Agreement (William Harwell Lyon Separate Property Trust), Loan and Security Agreement (William Harwell Lyon Separate Property Trust), Loan and Security Agreement (William Lyon Homes)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a court of competent jurisdiction of a decree or order for relief in respect of Holdings, the Borrower Issuer or any Significant Subsidiary of its Restricted Subsidiaries (other than any Immaterial Subsidiary) in an involuntary case under any Debtor Relief Law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, state or local Requirement Requirements of Law, which relief is not stayed; or (ii) the commencement of an involuntary case against Holdings, the Borrower Issuer or any Significant Subsidiary of its Restricted Subsidiaries (other than any Immaterial Subsidiary) under any Debtor Relief Law; the entry by a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower Issuer or any Significant of its Restricted Subsidiaries (other than any Immaterial Subsidiary), or over all or a substantial material part of its property; or the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower Issuer or any Significant Subsidiary of its Restricted Subsidiaries (other than any Immaterial Subsidiary) for all or a substantial material part of its property, which remains remains, in any case under this clause (f), undismissed, unvacated, unbounded or unstayed pending appeal for 60 consecutive days; or

Appears in 4 contracts

Samples: Note Purchase Agreement (ATI Physical Therapy, Inc.), Note Purchase Agreement (ATI Physical Therapy, Inc.), Note Purchase Agreement (ATI Physical Therapy, Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent jurisdiction of shall enter a decree or order for relief in respect of Holdings, the Borrower Holdings or any Significant Subsidiary of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, federal or state or local Requirement of Lawlaw; or (ii) the commencement of an involuntary case shall be commenced against Holdings, the Borrower Holdings or any Significant Subsidiary of its Material Subsidiaries under the Bankruptcy Code or under any Debtor Relief Lawother applicable bankruptcy, insolvency or similar law now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower Holdings or any Significant Subsidiaryof its Material Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower Holdings or any Significant Subsidiary of its Material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, which remains undismissedexecution or similar process shall have been issued against any substantial part of the property of Holdings or any of its Material Subsidiaries, unvacatedand any such event described in this clause (ii) shall continue for sixty days without having been dismissed, unbounded bonded or unstayed pending appeal for 60 consecutive daysdischarged; or

Appears in 4 contracts

Samples: Second Lien Credit and Guaranty Agreement (Bz Intermediate Holdings LLC), Credit and Guaranty Agreement (Bz Intermediate Holdings LLC), Credit and Guaranty Agreement (Boise Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a court of competent jurisdiction of a decree or order for relief in respect of Holdings, the Borrower or any Significant Subsidiary of its Restricted Subsidiaries (other than any Immaterial Subsidiary) in an involuntary case under any Debtor Relief Law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, state or local Requirement Requirements of Law, which relief is not stayed; or (ii) the commencement of an involuntary case against Holdings, the Borrower or any Significant Subsidiary of its Restricted Subsidiaries (other than any Immaterial Subsidiary) under any Debtor Relief Law; the entry by a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower or any Significant of its Restricted Subsidiaries (other than any Immaterial Subsidiary), or over all or a substantial material part of its property; or the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower or any Significant Subsidiary of its Restricted Subsidiaries (other than any Immaterial Subsidiary) for all or a substantial material part of its property, which remains remains, in any case under this clause (f), undismissed, unvacated, unbounded or unstayed pending appeal for 60 consecutive days; or

Appears in 4 contracts

Samples: Credit Agreement (Definitive Healthcare Corp.), Credit Agreement (Definitive Healthcare Corp.), Credit Agreement (Olaplex Holdings, Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent jurisdiction of shall enter a decree or order for relief in respect of Holdings, the Borrower Holdings or any Significant Subsidiary of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, winding up, dissolution, insolvency or similar law now or 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, provincial, territorial, foreign or state or local Requirement of Lawlaw; or (ii) the commencement of an involuntary case shall be commenced against Holdings, the Borrower Holdings or any Significant Subsidiary of its Material Subsidiaries under the Bankruptcy Code or under any Debtor Relief Lawother applicable bankruptcy, insolvency or similar law now or hereafter in effect in any applicable jurisdiction; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor administrator or other officer in any applicable jurisdiction having similar powers over Holdings, the Borrower Holdings or any Significant Subsidiaryof its Material Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, administrator, liquidator, trustee or other custodian of Holdings, the Borrower Holdings or any Significant Subsidiary of its Material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, which remains undismissedexecution or similar process shall have been issued against any substantial part of the property of Holdings or any of its Material Subsidiaries, unvacatedand any such event described in this clause (ii) shall continue for sixty days without having been dismissed, unbounded bonded or unstayed pending appeal for 60 consecutive daysdischarged; or (iii) any analogous step or procedure is taken under the laws of any jurisdiction in respect of Holdings or any of its Material Subsidiaries, but only to the extent such step or procedure is reasonably likely to result in a Material Adverse Effect; or

Appears in 4 contracts

Samples: First Lien Credit and Guaranty Agreement (Arizona Chemical Ltd.), Second Lien Credit and Guaranty Agreement (Arizona Chemical Ltd.), First Lien Credit and Guaranty Agreement (Arizona Chemical Ltd.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent jurisdiction of shall enter a decree or order for relief in respect of Holdings, the Borrower or any Significant Restricted Subsidiary that is a Material Subsidiary in an involuntary case under any Debtor Relief Law now or hereafter in effectLaws, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, state or local Requirement of Lawforeign law; or (ii) the commencement of an involuntary case shall be commenced against Holdings, the Borrower or any Significant Restricted Subsidiary that is a Material Subsidiary under any Debtor Relief LawLaws; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the involuntary appointment of a an interim receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower or any Significant Restricted Subsidiary that is a Material Subsidiary, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Borrower or any Restricted Subsidiary that is a Material Subsidiary, or over all or a substantial part of its property; or the involuntary appointment a warrant of an interim receiverattachment, trustee execution or other custodian of Holdings, the Borrower or any Significant Subsidiary for similar process shall have been issued against all or a substantial part of its propertythe property of the Borrower or any Restricted Subsidiary that is a Material Subsidiary, which remains undismissed, unvacated, unbounded or unstayed pending appeal and any such event described in this clause (ii) shall continue for 60 consecutive days; ordays without having been dismissed, bonded or discharged;

Appears in 3 contracts

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

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent jurisdiction of shall enter a decree or order for relief in respect of Holdings, the Borrower or any Significant Restricted Subsidiary that is a Material Subsidiary in an involuntary case under any Debtor Relief Law now or hereafter in effectLaws, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, federal or state or local Requirement of Lawlaw; or (ii) the commencement of an involuntary case shall be commenced against Holdings, the Borrower or any Significant Restricted Subsidiary that is a Material Subsidiary under any Debtor Relief LawLaws; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the involuntary appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower or any Significant Restricted Subsidiary that is a Material Subsidiary, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Borrower or any Restricted Subsidiary that is a Material Subsidiary, or over all or a substantial part of its property; or the involuntary appointment a warrant of an interim receiverattachment, trustee execution or other custodian of Holdings, the Borrower or any Significant Subsidiary for similar process shall have been issued against all or a substantial part of its propertythe property of the Borrower or any Restricted Subsidiary that is a Material Subsidiary, which remains undismissed, unvacated, unbounded or unstayed pending appeal and any such event described in this clause (ii) shall continue for 60 consecutive days; ordays without having been dismissed or discharged;

Appears in 3 contracts

Samples: Abl Credit and Guaranty Agreement (Entegris Inc), Abl Credit and Guaranty Agreement (Entegris Inc), Term Credit and Guaranty Agreement (Entegris Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent jurisdiction of shall enter a decree or order for relief in respect of Holdings, the Borrower or any Significant Restricted Subsidiary that is a Material Subsidiary in an involuntary case under any Debtor Relief Law now or hereafter in effectLaw, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, state or local Requirement of Lawforeign law; or (ii) the commencement of an involuntary case shall be commenced against Holdings, the Borrower or any Significant Restricted Subsidiary that is a Material Subsidiary under any Debtor Relief Law; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the involuntary appointment of a an interim receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower or any Significant Restricted Subsidiary that is a Material Subsidiary, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Borrower or any Restricted Subsidiary that is a Material Subsidiary, or over all or a substantial part of its property; or the involuntary appointment a warrant of an interim receiverattachment, trustee execution or other custodian of Holdings, the Borrower or any Significant Subsidiary for similar process shall have been issued against all or a substantial part of its propertythe property of the Borrower or any Restricted Subsidiary that is a Material Subsidiary, which remains undismissed, unvacated, unbounded or unstayed pending appeal and any such event described in this clause (ii) shall continue for 60 consecutive days; ordays without having been dismissed or discharged;

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (Entegris Inc), Credit and Guaranty Agreement (Entegris Inc), Credit and Guaranty Agreement (Entegris Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent jurisdiction of shall enter a decree or order for relief in respect of Holdings, the Borrower or any Significant Subsidiary of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, federal or state or local Requirement of Lawlaw; or (ii) the commencement of an involuntary case shall be commenced against Holdings, the Borrower or any Significant Subsidiary of its Subsidiaries under the Bankruptcy Code or under any Debtor Relief Lawother applicable bankruptcy, insolvency or similar law now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower or any Significant Subsidiaryof its Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower or any Significant Subsidiary of its Subsidiaries for all or a substantial part of its property; or a warrant of attachment, which remains undismissedexecution or similar process shall have been issued against any substantial part of the property of Borrower or any of its Subsidiaries, unvacatedand any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, unbounded bonded or unstayed pending appeal for 60 consecutive daysdischarged; or

Appears in 3 contracts

Samples: Second Lien Credit and Guaranty Agreement (Paramount Acquisition Corp), Second Lien Credit and Guaranty Agreement (X Rite Inc), First Lien Credit and Guaranty Agreement (Paramount Acquisition Corp)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent having jurisdiction of shall enter a decree or order for relief in respect of Holdings, the Borrower Company or any Significant Subsidiary of its Material Subsidiaries in an involuntary case under any applicable Debtor Relief Law now or hereafter in effectLaws, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, state or local Requirement of LawDebtor Relief Laws; or or (ii) the commencement A decree or order of an involuntary case against Holdings, the Borrower or any Significant Subsidiary under any Debtor Relief Law; the entry by a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower Company or any Significant Subsidiary, of its Material Subsidiaries or over all or a substantial part of its their property, shall have been entered; or the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower Company or any Significant Subsidiary of its Material Subsidiaries for all or a substantial part of their property; or the issuance of a warrant of attachment, execution or similar process against any substantial part of the property of Company or any of its propertyMaterial Subsidiaries, which remains undismissed, unvacated, unbounded or unstayed pending appeal and the continuance of any such events described in this subsection (f)(ii) for 60 consecutive daysdays unless stayed, dismissed, bonded or discharged; or (iii) an involuntary case under any applicable Debtor Relief Laws shall have been commenced against Company or any of its Material Subsidiaries and shall not have been dismissed within 60 days after the commencement of such case; or

Appears in 3 contracts

Samples: 364 Day Credit Agreement (Levi Strauss & Co), Bridge Credit Agreement (Levi Strauss & Co), Credit Agreement (Levi Strauss & Co)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent jurisdiction of shall enter a decree or order for relief in respect of Holdings, the Borrower or any Significant Restricted Subsidiary that is a Material Subsidiary in an involuntary case or proceeding under any Debtor Relief Law now or hereafter in effectLaws, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, state or local Requirement of Lawother applicable law; or (ii) the commencement of an involuntary case or proceeding shall be commenced against Holdings, the Borrower or any Significant Restricted Subsidiary that is a Material Subsidiary under any Debtor Relief LawLaws; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the involuntary appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower or any Significant Restricted Subsidiary that is a Material Subsidiary, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, the Borrower or any Restricted Subsidiary that is a Material Subsidiary, or over all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against all or a substantial part of the involuntary appointment of an interim receiver, trustee or other custodian property of Holdings, the Borrower or any Significant Restricted Subsidiary for all or that is a substantial part of its propertyMaterial Subsidiary, which remains undismissed, unvacated, unbounded or unstayed pending appeal and any such event described in this clause (ii) shall continue for 60 consecutive days; ordays without having been dismissed or discharged;

Appears in 3 contracts

Samples: Abl Credit and Guaranty Agreement (QualTek Services Inc.), Term Credit and Guaranty Agreement (QualTek Services Inc.), Abl Credit and Guaranty Agreement (QualTek Wireline LLC)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent having jurisdiction of in the premises shall enter a decree or order for relief in respect of Holdings, the Borrower Company or any Significant Subsidiary of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, federal or state or local Requirement of Lawlaw; or or (ii) the commencement of an involuntary case shall be commenced against Holdings, the Borrower Company or any Significant Subsidiary of its Material Subsidiaries under the Bankruptcy Code or under any Debtor Relief Lawother applicable bankruptcy, insolvency or similar law now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower Company or any Significant Subsidiaryof its Material Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower Company or any Significant Subsidiary of its Material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, which remains undismissedexecution or similar process shall have been issued against any substantial part of the property of Company or any of its Material Subsidiaries, unvacated, unbounded or unstayed pending appeal and any such event described in this clause (ii) shall continue for 60 consecutive daysdays unless dismissed, bonded or discharged; or

Appears in 3 contracts

Samples: Amendment and Restatement and Additional Term Loan Assumption Agreement (Skilled Healthcare Group, Inc.), Amendment and Restatement Agreement (Skilled Healthcare Group, Inc.), Amendment and Restatement Agreement (Skilled Healthcare Group, Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A. A court of competent having proper jurisdiction of shall enter a decree or order for relief in respect of Holdings, the Borrower or any Significant Subsidiary the Consolidated Partnership in an involuntary case under the Bankruptcy Code or any Debtor Relief Law applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federalfederal or state law; or B. An involuntary case is commenced against Borrower or the Consolidated Partnership under any applicable bankruptcy, provincial, territorial, state insolvency or local Requirement of Lawother similar law now or hereafter in effect; or (ii) the commencement a decree or order of an involuntary case against Holdings, the Borrower or any Significant Subsidiary under any Debtor Relief Law; the entry by a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower or any Significant Subsidiarythe Consolidated Partnership, or over all or a substantial part of its property, shall have been entered; or the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower or any Significant Subsidiary the Consolidated Partnership for all or a substantial part of its property; or the issuance of a warrant of attachment, which remains undismissedexecution or similar process against any substantial part of the property of Borrower or the Consolidated Partnership, unvacatedand the continuance of any such event in this clause (B) for sixty (60) days unless dismissed, unbounded bonded or unstayed pending appeal for 60 consecutive daysdischarged; or

Appears in 2 contracts

Samples: Loan Agreement (Bre Properties Inc /Md/), Loan Agreement (Bre Properties Inc /Md/)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent having jurisdiction of in the premises shall enter a decree or order for relief in respect of Holdings, the Borrower or any Significant Subsidiary of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, federal or state or local Requirement of Lawlaw which is not stayed; or or (ii) the commencement of an involuntary case shall be commenced against Holdings, the Borrower or any Significant Subsidiary of its Material Subsidiaries under the Bankruptcy Code or under any Debtor Relief Lawother applicable bankruptcy, insolvency or similar law now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower or any Significant Subsidiaryof its Material Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower or any Significant Subsidiary of its Material Subsidiaries for all or a substantial part of its property, which remains undismissed, unvacated, unbounded or unstayed pending appeal ; and any such event described in this clause (ii) shall continue for 60 consecutive daysdays unless dismissed, bonded or discharged; or

Appears in 2 contracts

Samples: Credit Agreement (Unified Grocers, Inc.), Credit Agreement (Unified Grocers, Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (ia) The entry by a A court of competent having jurisdiction of in the premises shall enter a decree or order for relief in respect of Holdings, the any Borrower or any Significant Subsidiary of its Subsidiaries in an involuntary case under any Debtor Relief Law applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted and remain unstayed under any applicable federal, provincial, territorial, federal or state or local Requirement of Lawlaw; or (iib) the commencement of an involuntary case is commenced against Holdings, the any Borrower or any Significant Subsidiary of its Subsidiaries under any Debtor Relief Lawapplicable bankruptcy, insolvency or other similar law now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the any Borrower or any Significant Subsidiary, of its Subsidiaries or over all or a substantial part of its propertyany of their respective Assets and Properties, shall have been entered; or the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the any Borrower or any Significant Subsidiary of its Subsidiaries for all or a substantial part of their respective Assets and Properties is involuntarily appointed; or a warrant of attachment, execution or similar process is issued against any substantial part of the Assets and Properties of any Borrower or any of its propertySubsidiaries, which remains undismissedand the continuance of any such events in this clause (b) for sixty (60) days unless dismissed, unvacatedbonded, unbounded stayed, vacated or unstayed pending appeal for 60 consecutive daysdischarged; or

Appears in 2 contracts

Samples: Senior Credit Agreement (Skyline Multimedia Entertainment Inc), Senior Credit Agreement (Prospect Street Nyc Discovery Fund Lp)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent having jurisdiction of in the premises shall enter a decree or order for relief in respect of Holdings, the Borrower or any Significant Subsidiary of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, state or local Requirement of Lawforeign law; or (ii) the commencement of an involuntary case shall be commenced against Holdings, the Borrower or any Significant Subsidiary of its Material Subsidiaries under the Bankruptcy Code or under any Debtor Relief Lawother applicable bankruptcy, insolvency, dissolution, liquidation or similar law now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower or any Significant Subsidiaryof its Material Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower or any Significant Subsidiary of its Material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, which remains undismissedexecution or similar process shall have been issued against any substantial part of the property of Borrower or any of its Material Subsidiaries, unvacated, unbounded or unstayed pending appeal and any such event described in this clause (ii) shall continue for 60 consecutive daysdays unless dismissed, bonded or discharged; or

Appears in 2 contracts

Samples: Credit Agreement (Boyds Collection LTD), Credit Agreement (Boyds Collection LTD)

Involuntary Bankruptcy; Appointment of Receiver, Etc. Except with the prior written consent of the Administrative Agent, (i) The entry by a A court of competent jurisdiction of shall enter a decree or order for relief in respect of Holdings, the Borrower or any Significant Restricted Subsidiary that is not a Debtor in an involuntary case under any Debtor Relief Law now or hereafter in effectLaws, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, state or local Requirement of Lawforeign law; or (ii) the commencement of an involuntary case shall be commenced against Holdings, the Borrower or any Significant Restricted Subsidiary that is not a Debtor under any Debtor Relief LawLaws; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the involuntary appointment of a an interim receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdingsany Restricted Subsidiary that is not a Debtor, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the Borrower involuntary appointment of an interim receiver, receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over any Significant SubsidiaryRestricted Subsidiary that is not a Debtor, or over all or a substantial part of its property; or the involuntary appointment a warrant of an interim receiverattachment, trustee execution or other custodian of Holdings, the Borrower or any Significant Subsidiary for similar process shall have been issued against all or a substantial part of its propertythe property of any Restricted Subsidiary that is not a Debtor, which remains undismissedand any such event described in this clause (ii) shall continue for forty-five (45) days without having been dismissed, unvacated, unbounded bonded or unstayed pending appeal for 60 consecutive days; ordischarged;

Appears in 2 contracts

Samples: Superpriority Secured Debtor in Possession Credit and Guaranty Agreement (GWG Holdings, Inc.), Superpriority Secured Debtor in Possession Credit and Guaranty Agreement (GWG Holdings, Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. By either Party, if (iA) The entry by a court of competent jurisdiction of shall enter a decree or order for relief in respect of Holdingsthe Non-Compliant Party or its parent company (i.e., in the Borrower case of RHSS, Altisource, or any Significant Subsidiary in the case of NRZ Brokerage, New Residential Investment Corp.) in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable U.S. federal, state or foreign bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable U.S. federal, provincial, territorial, state or local Requirement of Lawforeign law; or (iiB) the commencement of an involuntary case shall be commenced against Holdings, the Borrower Non-Compliant Party or any Significant Subsidiary its parent company under the Bankruptcy Code or under any Debtor Relief Lawother applicable U.S. federal, state or foreign bankruptcy, insolvency or similar law now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administratorconservator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower Non-Compliant Party or any Significant Subsidiaryits parent company, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee trustee, conservator or other custodian of Holdings, the Borrower or any Significant Subsidiary for all or a substantial part substantially all of its property; or a warrant of attachment, which remains undismissedexecution or similar process shall have been issued against all or substantially all of the property of the Non-Compliant Party or its parent company, unvacatedand any such event described in this clause (B) shall continue for [***] without having been dismissed, unbounded bonded or unstayed pending appeal for 60 consecutive days; ordischarged.

Appears in 2 contracts

Samples: Cooperative Brokerage Agreement (New Residential Investment Corp.), Cooperative Brokerage Agreement (Altisource Portfolio Solutions S.A.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent having jurisdiction of in the premises shall enter a decree or order for relief in respect of Holdings, the Borrower Company or any Significant of its Restricted Subsidiaries or any Subsidiary Borrower in an involuntary case under the Bankruptcy Code or any Debtor Relief Law applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, federal or state or local Requirement of Lawlaw; or (ii) the commencement of an involuntary case is commenced against Holdings, the Borrower Company or any Significant of its Restricted Subsidiaries or any Subsidiary Borrower under any Debtor Relief Lawapplicable bankruptcy, insolvency or other similar law now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower Company or any Significant Subsidiaryof its Restricted Subsidiaries or any Subsidiary Borrower, or over all or a substantial part of its property, shall have been entered; or the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower Company or any Significant of its Restricted Subsidiaries or any Subsidiary Borrower for all or a substantial part of the property of the Company or any of its propertyRestricted Subsidiaries or any Subsidiary Borrower is involuntarily appointed; or a warrant of attachment, which remains undismissedexecution or similar process is issued against any substantial part of the property of the Company or any of its Restricted Subsidiaries or any Subsidiary Borrower, unvacated, unbounded or unstayed pending appeal and the continuance of any such events in subpart (b) for 60 consecutive daysdays unless dismissed, bonded or discharged; or

Appears in 2 contracts

Samples: 364 Day Credit Agreement (Textron Inc), 364 Day Credit Agreement (Textron Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (iA) The entry by a A court of competent having jurisdiction of in the premises shall enter a decree or order for relief in respect of Holdings, the Borrower Company or any Significant Subsidiary of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or any Debtor Relief Law applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, federal or state or local Requirement of Lawlaw; or (iiB) the commencement of an involuntary case is commenced against Holdings, the Borrower Company or any Significant Subsidiary of its Material Subsidiaries under any Debtor Relief Lawapplicable bankruptcy, insolvency or other similar law now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower Company or any Significant Subsidiaryof its Material Subsidiaries, or over all or a substantial part of its property, shall have been entered; or the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower Company or any Significant Subsidiary of its Material Subsidiaries for all or a substantial part of its property; or the issuance of a warrant of attachment, which remains undismissedexecution or similar process against any substantial part of the property of Company or any of its Material Subsidiaries, unvacated, unbounded or unstayed pending appeal and the continuance of any such events in subpart (B) for 60 consecutive daysdays unless dismissed, bonded or discharged; or

Appears in 2 contracts

Samples: Credit Agreement (Owens Illinois Inc /De/), Credit Agreement (Owens Illinois Inc /De/)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent having jurisdiction of in the premises shall enter a decree or order for relief in respect of Holdings, the Company, any Domestic Borrower or any Significant Subsidiary of their respective Material Subsidiaries or any Offshore Borrower in an involuntary case under the Bankruptcy Code or any Debtor Relief Law applicable bankruptcy, insolvency or other similar law now or hereafter in effecteffect (whether in the United States of America, the UK, Australia, Italy, France or any other jurisdiction), which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, federal or state or local Requirement of Lawlaw; or (ii) the commencement of an involuntary case is commenced against Holdings, the Company, any Domestic Borrower or any Significant Subsidiary of their respective Material Subsidiaries or any Offshore Borrower under any Debtor Relief Lawapplicable bankruptcy, insolvency or other similar law now or hereafter in effect (whether in the United States of America, the UK, Australia, Italy, France or any other jurisdiction, including, in the case of any Loan Party organized under the laws of France, redressement judiciaire and liquidation judiciaire); the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, custodian, administrator, custodian, monitor administrative receiver or other officer having similar powers over Holdings, the Company, any Domestic Borrower or any Significant Subsidiaryof their respective Material Subsidiaries or any Offshore Borrower, or over all or a substantial part of its property, shall have been entered (including, in the case of any Loan Party organized under the laws of France, any conciliateur, administrateur judiciaire, liquidateur judiciaire or mandataire ad hoc); or the involuntary appointment of an interim receiver, trustee trustee, administrator, administrative receiver or other custodian of Holdings, the Company, any Domestic Borrower or any Significant Subsidiary of their respective Material Subsidiaries or any Offshore Borrower for all or a substantial part of its property; or the issuance of a warrant of attachment, which remains undismissedexecution or similar process against any substantial part of the property of Holdings, unvacatedCompany, unbounded any Domestic Borrower or unstayed pending appeal any of their respective Material Subsidiaries or any Offshore Borrower, and the continuance of any such events in subpart (ii) for 60 consecutive daysdays unless dismissed, bonded or discharged; or

Appears in 2 contracts

Samples: Secured Credit Agreement (Owens Illinois Inc /De/), Secured Credit Agreement (Owens Illinois Group Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a court of competent jurisdiction of a decree or order for relief in respect of Holdings, the Lead Borrower or any Significant Subsidiary of its Restricted Subsidiaries (other than any Immaterial Subsidiary) in an involuntary case under any Debtor Relief Law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, state or local Requirement of Lawlaw; or (ii) the commencement of an involuntary case against Holdings, the Lead Borrower or any Significant Subsidiary of its Restricted Subsidiaries (other than any Immaterial Subsidiary) under any Debtor Relief Law; the entry by a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, interim receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administratormonitor, custodian, monitor custodian or other officer having similar powers over Holdings, the Lead Borrower or any Significant of its Restricted Subsidiaries (other than any Immaterial Subsidiary), or over all or a substantial part of its property; or (iii) the involuntary appointment of an interim receiver, trustee trustee, monitor or other custodian of Holdings, the Lead Borrower or any Significant Subsidiary of its Restricted Subsidiaries (other than any Immaterial Subsidiary) for all or a substantial part of its property, which remains undismissed, unvacated, unbounded or unstayed pending appeal for 60 consecutive days; or

Appears in 2 contracts

Samples: Abl Credit Agreement (Hayward Holdings, Inc.), Abl Credit Agreement (Hayward Holdings, Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent jurisdiction of shall enter a decree or order for relief in respect of Holdings, the Borrower Company or any Significant Subsidiary of its Subsidiaries (other than an Insignificant Subsidiary) in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, federal or state or local Requirement of Lawlaw; or (ii) the commencement of an involuntary case shall be commenced against Holdings, the Borrower Company or any Significant Subsidiary of its Subsidiaries (other than an Insignificant Subsidiary) under the Bankruptcy Code or under any Debtor Relief Lawother applicable bankruptcy, insolvency or similar law now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower Company or any Significant of its Subsidiaries (other than an Insignificant Subsidiary), or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower Company or any Significant Subsidiary of its Subsidiaries (other than an Insignificant Subsidiary) for all or a substantial part of its property; or a warrant of attachment, which remains undismissedexecution or similar process shall have been issued against any substantial part of the property of Company or any of its Subsidiaries (other than an Insignificant Subsidiary), unvacatedand any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, unbounded bonded or unstayed pending appeal for 60 consecutive daysdischarged; or

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Sanmina-Sci Corp), Credit and Guaranty Agreement (Sanmina-Sci Corp)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a court of competent jurisdiction of a decree or order for relief in respect of Holdings, the any Borrower or any Significant Subsidiary of their respective Restricted Subsidiaries (other than any Immaterial Subsidiary) in an involuntary case under any Debtor Relief Law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, state or local Requirement of Lawlaw; or (ii) the commencement of an involuntary case against Holdings, the any Borrower or any Significant Subsidiary of their respective Restricted Subsidiaries (other than any Immaterial Subsidiary) under any Debtor Relief Law; the entry by a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, interim receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administratormonitor, custodian, monitor custodian or other officer having similar powers over Holdings, the any Borrower or any Significant of their respective Restricted Subsidiaries (other than any Immaterial Subsidiary), or over all or a substantial part of its property; or (iii) the involuntary appointment of an interim receiver, trustee trustee, monitor or other custodian of Holdings, the any Borrower or any Significant Subsidiary of their respective Restricted Subsidiaries (other than any Immaterial Subsidiary) for all or a substantial part of its property, which remains undismissed, unvacated, unbounded or unstayed pending appeal for 60 sixty (60) consecutive days; or

Appears in 2 contracts

Samples: Abl Credit Agreement (Hayward Holdings, Inc.), Abl Credit Agreement (Hayward Holdings, Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent jurisdiction of shall enter a decree or order for relief in respect of Holdings, the Borrower or any Significant Subsidiary of its Subsidiaries (other than an Immaterial Subsidiary) in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, federal or state or local Requirement of Lawlaw; or (ii) the commencement of an involuntary case shall be commenced against Holdings, the Borrower or any Significant Subsidiary of its Subsidiaries (other than an Immaterial Subsidiary) under the Bankruptcy Code or under any Debtor Relief Lawother applicable bankruptcy, insolvency or similar law now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower or any Significant Subsidiaryof its Subsidiaries (other than its Immaterial Subsidiaries), or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower or any Significant Subsidiary of its Subsidiaries (other than its Immaterial Subsidiaries) for all or a substantial part of its property, which remains undismissed, unvacated, unbounded or unstayed pending appeal ; and any such event described in this clause (ii) shall continue for 60 consecutive daysdays without having been dismissed, vacated, bonded or discharged; or

Appears in 2 contracts

Samples: Second Lien Credit Agreement (PSAV, Inc.), First Lien Credit Agreement (PSAV, Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent having jurisdiction of in the premises shall enter a decree or order for relief in respect of Holdings, the Borrower Company or any of its Significant Subsidiary Subsidiaries in an involuntary case or similar proceeding under the Bankruptcy Code or under any Debtor Relief Law now or hereafter in effect, other Insolvency Laws which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, state or local Requirement of LawInsolvency Laws; or (ii) the commencement of an involuntary case or similar proceeding shall be commenced against Holdings, the Borrower Company or any of its Significant Subsidiary Subsidiaries under the Bankruptcy Code or under any Debtor Relief Lawother Insolvency Laws; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower Company or any of its Significant SubsidiarySubsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment or similar proceeding of an interim receiver, trustee or other custodian of Holdings, the Borrower Company or any of its Significant Subsidiary Subsidiaries for all or a substantial part of its property; or a warrant of attachment, which remains undismissedexecution or similar process shall have been issued against any substantial part of the property of Company or any of its Significant Subsidiaries, unvacated, unbounded or unstayed pending appeal and any such event described in this clause (ii) shall continue for 60 consecutive daysdays without being dismissed, bonded or discharged; or

Appears in 2 contracts

Samples: Term Loan Agreement (Loews Cineplex Entertainment Corp), Priority Secured Credit Agreement (Loews Cineplex Entertainment Corp)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent jurisdiction of shall enter a decree or order for relief in respect of Holdings, the Borrower or any Significant Subsidiary of the Subsidiaries in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law now other applicable bankruptcy, insolvency or hereafter in effectsimilar law, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, federal or state or local Requirement of Lawlaw; or (ii) the commencement of an involuntary case shall be commenced against Holdings, the Borrower or any Significant Subsidiary of the Subsidiaries under the Bankruptcy Code or under any Debtor Relief Lawother applicable bankruptcy, insolvency or similar law; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower or any Significant Subsidiaryof the Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower or any Significant Subsidiary of the Subsidiaries for all or a substantial part of its property; or a warrant of attachment, which remains undismissedexecution or similar process shall have been issued against any substantial part of the property of the Borrower or any of the Subsidiaries, unvacated, unbounded or unstayed pending appeal and any such event described in this clause (ii) shall continue for 60 consecutive days; ordays without having been dismissed, bonded or discharged;

Appears in 2 contracts

Samples: Credit and Guarantee Agreement (Telx Group, Inc.), Credit and Guarantee Agreement (Telx Group, Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (iA) The entry by a A court of competent jurisdiction of enters a decree or order for relief in respect of Holdings, the Oyster Borrower or any Significant Subsidiary thereof in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be is granted under any applicable federal, provincial, territorial, federal or state or local Requirement of Lawlaw; or (iiB) the commencement of an involuntary case is commenced against Holdings, the Oyster Borrower or any Significant Subsidiary thereof under the Bankruptcy Code or under any Debtor Relief Lawother applicable bankruptcy, insolvency or similar law now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Oyster Borrower or any Significant SubsidiarySubsidiary thereof, or over all or a substantial part of its property, is entered; or there occurs the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Oyster Borrower or any Significant Subsidiary thereof for all or a substantial part of its property; or a warrant of attachment, which remains undismissedexecution or similar process is issued against any substantial part of the property of the Oyster Borrower or any Subsidiary thereof, unvacatedand any such event described in this clause (B) continues for sixty (60) days without having been dismissed, unbounded bonded or unstayed pending appeal for 60 consecutive daysdischarged; or

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Bioventus Inc.), Credit and Guaranty Agreement (Bioventus Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent having jurisdiction of in the premises shall enter a decree or order for relief in respect of Holdings, the Borrower Holdings or any Significant Subsidiary of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, federal or state or local Requirement of Lawlaw; or (ii) the commencement of an involuntary case shall be commenced against Holdings, the Borrower Holdings or any Significant Subsidiary of its Subsidiaries under the Bankruptcy Code or under any Debtor Relief Lawother applicable bankruptcy, insolvency or similar law now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower Holdings or any Significant Subsidiaryof its Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower Holdings or any Significant Subsidiary of its Subsidiaries for all or a substantial part of its property; or a warrant of attachment, which remains undismissedexecution or similar process shall have been issued against any substantial part of the property of Holdings or any of its Subsidiaries, unvacated, unbounded or unstayed pending appeal and any such event described in this subsection 8.6 shall continue for 60 consecutive daysdays unless dismissed, bonded or discharged; oror 148

Appears in 2 contracts

Samples: Credit Agreement (Diamond Brands Operating Corp), Credit Agreement (Diamond Brands Operating Corp)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (ia) The entry by a A court of competent having jurisdiction of in the premises shall enter a decree or order for relief in respect of Holdings, the Borrower or any Significant Subsidiary of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or any Debtor Relief Law applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, federal or state or local Requirement of Law; or law and is not stayed. (iib) the commencement of an An involuntary case is commenced against Holdings, the Borrower or any Significant Subsidiary of its Material Subsidiaries under any Debtor Relief Lawapplicable bankruptcy, insolvency or other similar law now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment Table of Contents of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower or any Significant Subsidiaryof its Material Subsidiaries, or over all or a substantial part of its property, shall have been entered; or the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower or any Significant Subsidiary of its Material Subsidiaries for all or a substantial part of the property of the Borrower or any of its propertyMaterial Subsidiaries is involuntarily appointed; or a warrant of attachment, which remains undismissedexecution or similar process is issued against any substantial part of the property of the Borrower or any of its Material Subsidiaries; and the continuance of any such events in subpart (b) for 90 days unless dismissed, unvacated, unbounded bonded or unstayed pending appeal for 60 consecutive days; ordischarged.

Appears in 2 contracts

Samples: 364 Day Credit Agreement (McGraw-Hill Companies Inc), 364 Day Credit Agreement (McGraw-Hill Companies Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (ia) The entry by a A court of competent ---------------------------------------------------- having jurisdiction of shall enter a decree or order for relief in respect of Holdings, the Borrower Company or any Significant Subsidiary in an involuntary case under the Bankruptcy Code or any Debtor Relief Law applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayeddismissed, stayed or discharged within 60 days after filing; or any other similar relief shall be is not granted and remains unstayed or undismissed under any applicable federal, provincial, territorial, federal or state or local Requirement of Lawlaw; or (iib) the commencement of an involuntary case is commenced against Holdings, the Borrower Company or any Significant Subsidiary of its Subsidiaries under any Debtor Relief Lawapplicable bankruptcy, insolvency or other similar law now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower Company or any Significant Subsidiary, of its Subsidiaries or over all or a substantial part of its propertyany of their respective properties shall have been entered; or the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower Company or any Significant Subsidiary of its Subsidiaries for all or a substantial part of its propertytheir respective properties is involuntarily appointed, which remains undismissed, unvacated, unbounded or unstayed pending appeal such events under this clause (b) continue for 60 consecutive daysdays unless dismissed, bonded, stayed, vacated or discharged; or

Appears in 2 contracts

Samples: Senior Subordinated Loan Agreement (GTCR Golder Rauner LLC), Senior Subordinated Loan Agreement (GTCR Golder Rauner LLC)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (ia) The entry by a A court of competent having jurisdiction of in the premises shall enter a decree or order for relief in respect of Holdings, the Borrower or any Significant Subsidiary Group Member (other than any Immaterial Subsidiary) in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, federal or state or local Requirement of Lawlaw; or or (iib) the commencement of an involuntary case shall be commenced against Holdings, any Group Member (other than any Immaterial Subsidiary) under the Borrower Bankruptcy Code or any Significant Subsidiary under any Debtor Relief Lawother applicable bankruptcy, insolvency or similar law now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower or any Significant SubsidiaryGroup Member, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower or any Significant Subsidiary Group Member (other than any Immaterial Subsidiary) for all or a substantial part of its property; or a warrant of attachment, which remains undismissedexecution or similar process shall have been issued against any substantial part of the property of any Group Member (other than any Immaterial Subsidiary), unvacated, unbounded or unstayed pending appeal and any such event described in this clause (b) shall continue for 60 consecutive days; ordays unless vacated, dismissed, bonded or discharged.

Appears in 2 contracts

Samples: Credit Agreement (EngageSmart, LLC), Credit Agreement (EngageSmart, LLC)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i1) The entry by a A court of competent having jurisdiction of in the premises shall enter a decree or order for relief in respect of CB Holdings, the Borrower Company or any Significant Material Subsidiary in an involuntary case under the Bankruptcy Code or any Debtor Relief Law applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, federal or state or local Requirement of Lawlaw; or (ii2) the commencement of an involuntary case is commenced against CB Holdings, the Borrower Company or any Significant Material Subsidiary under any Debtor Relief Lawapplicable bankruptcy, insolvency or other similar law now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over CB Holdings, the Borrower Company, or any Significant Material Subsidiary, or over all or a substantial part of its propertyany of their respective properties, shall have been entered; or the involuntary appointment of an interim receiver, trustee or other custodian of CB Holdings, the Borrower Company or any Significant Material Subsidiary for all or a substantial part of its propertythe property of CB Holdings, which remains undismissedthe Company or any Material Subsidiary is involuntarily appointed; or a warrant of attachment, unvacatedexecution or similar process is issued against any substantial part of the property of CB Holdings, unbounded the Company or unstayed pending appeal any Material Subsidiary, and the continuance of any such events in subpart (2) for 60 consecutive daysdays unless dismissed, bonded or discharged; or

Appears in 2 contracts

Samples: Senior Subordinated Credit Agreement (Cb Commercial Holdings Inc), Senior Subordinated Credit Agreement (Cb Commercial Real Estate Services Group Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent jurisdiction of shall enter a decree or order for relief in respect of Holdings, the Borrower or any Significant Subsidiary of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, federal or state or local Requirement of Lawlaw; or (ii) the commencement of an involuntary case shall be commenced against Holdings, the Borrower or any Significant Subsidiary of its Subsidiaries under the Bankruptcy Code or under any Debtor Relief Lawother applicable bankruptcy, insolvency or similar law now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower or any Significant Subsidiaryof its Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower or any Significant Subsidiary of its Subsidiaries for all or a substantial part of its property; or a warrant of attachment, which remains undismissedexecution or similar process shall have been issued against any substantial part of the property of Borrower or any of its Subsidiaries, unvacatedand any such event described in this clause (ii) shall continue for sixty days without having been dismissed, unbounded stayed, bonded or unstayed pending appeal for 60 consecutive daysdischarged; or

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (fuboTV Inc. /FL), Credit and Guaranty Agreement (FaceBank Group, Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent having jurisdiction of in the premises shall enter a decree or order for relief in respect of Holdings, the Borrower Holdings or any Significant Subsidiary of its Subsidiaries (other than Excluded Subsidiaries) in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, federal or state or local Requirement of Lawlaw; or (ii) the commencement of an involuntary case shall be commenced against Holdings, the Borrower Holdings or any Significant Subsidiary of its Subsidiaries (other than Excluded Subsidiaries) under the Bankruptcy Code or under any Debtor Relief Lawother applicable bankruptcy, insolvency or similar law now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower Holdings or any Significant Subsidiaryof its Subsidiaries (other than Excluded Subsidiaries), or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower Holdings or any Significant Subsidiary of its Subsidiaries (other than Excluded Subsidiaries) for all or a substantial part of its property; or a warrant of attachment, which remains undismissedexecution or similar process shall have been issued against any substantial part of the property of Holdings or any of its Subsidiaries (other than Excluded Subsidiaries), unvacated, unbounded or unstayed pending appeal and any such event described in this clause (ii) shall continue for 60 consecutive daysdays unless dismissed, bonded or discharged; or

Appears in 2 contracts

Samples: Credit Agreement (Anthony Crane Holdings Capital Corp), Credit Agreement (Anthony Crane Rental Lp)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a court of competent jurisdiction of a decree or order for relief in respect of Holdings, Intermediate Holdings, the Borrower or any Significant Subsidiary of its Restricted Subsidiaries (other than any Immaterial Subsidiary) in an involuntary case under any Debtor Relief Law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, state or local Requirement of Lawlaw; or (ii) the commencement of an involuntary case against Holdings, Intermediate Holdings, the Borrower or any Significant Subsidiary of its Restricted Subsidiaries (other than any Immaterial Subsidiary) under any Debtor Relief Law; the entry by a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, Intermediate Holdings, the Borrower or any Significant of its Restricted Subsidiaries (other than any Immaterial Subsidiary), or over all or a substantial part of its property; or the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, Intermediate Holdings, the Borrower or any Significant Subsidiary of its Restricted Subsidiaries (other than any Immaterial Subsidiary) for all or a substantial part of its property, which remains undismissed, unvacated, unbounded or unstayed pending appeal for 60 consecutive days; or

Appears in 2 contracts

Samples: Credit Agreement (Hillman Companies Inc), Credit Agreement (Hillman Companies Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent jurisdiction of shall enter a decree or order for relief in respect of Holdings, the Borrower any Credit Party or any Significant Subsidiary of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other Debtor Relief Law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, federal or state or local Requirement of Lawlaw; or (ii) the commencement of an involuntary case shall be commenced against Holdings, the Borrower any Credit Party or any Significant Subsidiary of its Subsidiaries under the Bankruptcy Code or under any other Debtor Relief LawLaw now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administratorconservator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower any Credit Party or any Significant Subsidiaryof its Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee trustee, conservator or other custodian of Holdings, the Borrower any Credit Party or any Significant Subsidiary of its Subsidiaries for all or a substantial part of its property; or a warrant of attachment, which remains undismissedexecution or similar process shall have been issued against any substantial part of the property of any Credit Party or any of its Subsidiaries, unvacatedand any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, unbounded bonded or unstayed pending appeal for 60 consecutive days; ordischarged (provided that no Borrowings shall be available during the pendency of such proceedings);

Appears in 2 contracts

Samples: First Omnibus Amendment to Credit Documents (Eos Energy Enterprises, Inc.), Credit and Guaranty Agreement (Eos Energy Enterprises, Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a court of competent jurisdiction of a decree or order for relief in respect of Holdings, the Borrower or any Significant Subsidiary of its Subsidiaries (other than any Immaterial Subsidiary) in an involuntary case under any Debtor Relief Law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, state or local Requirement Requirements of Law, which relief is not stayed; or (ii) the commencement of an involuntary case against Holdings, the Borrower or any Significant Subsidiary of its Subsidiaries (other than any Immaterial Subsidiary) under any Debtor Relief Law; the entry by a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower or any Significant of its Subsidiaries (other than any Immaterial Subsidiary), or over all or a substantial material part of its property; or the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower or any Significant Subsidiary of its Subsidiaries (other than any Immaterial Subsidiary) for all or a substantial material part of its property, which remains remains, in any case under this clause (f), undismissed, unvacated, unbounded or unstayed pending appeal for 60 consecutive days; or

Appears in 2 contracts

Samples: Credit Agreement (First Watch Restaurant Group, Inc.), Credit Agreement (First Watch Restaurant Group, Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent having jurisdiction of in the premises shall enter a decree or order for relief in respect of Holdings, the Borrower Company or any Significant Subsidiary of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, federal or state or local Requirement of Lawlaw; or (ii) the commencement of an involuntary case shall be commenced against Holdings, the Borrower Company or any Significant Subsidiary of its Material Subsidiaries under the Bankruptcy Code or under any Debtor Relief Lawother applicable bankruptcy, insolvency or similar law now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, 106 sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower Company or any Significant Subsidiaryof its Material Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower Company or any Significant Subsidiary of its Material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, which remains undismissedexecution or similar process shall have been issued against any substantial part of the property of Company or any of its Material Subsidiaries, unvacated, unbounded or unstayed pending appeal and any such event described in this clause (ii) shall continue for 60 consecutive daysdays unless dismissed, bonded or discharged; or

Appears in 1 contract

Samples: Credit Agreement (Afc Enterprises Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent having jurisdiction of in the premises shall enter a decree or order for relief in respect of Holdings, the Borrower Holding or Company or any Significant Subsidiary of the Subsidiaries (excluding Discontinued Operations) in an involuntary case under the Bankruptcy Code or any Debtor Relief Law applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, Federal or state or local Requirement of Lawlaw; or or (ii) the commencement of an involuntary case is commenced against HoldingsHolding, the Borrower Company or any Significant Subsidiary (excluding Discontinued Operations) under any Debtor Relief Lawapplicable bankruptcy, insolvency or other similar law now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower Holding or Company or any Significant SubsidiarySubsidiary (excluding Discontinued Operations), or over all or a substantial part of its property, shall have been entered; or the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower Holding or Company or any Significant Subsidiary (excluding Discontinued Operations) for all or a substantial part of its property; or the issuance of a warrant of attachment, which remains undismissedexecution or similar process against any substantial part of the property of Holding or Company or any Subsidiary (excluding Discontinued Operations) and the continuance of any such event in clause (ii) for 30 days unless dismissed, unvacated, unbounded bonded or unstayed pending appeal for 60 consecutive daysdischarged; or

Appears in 1 contract

Samples: Credit Agreement (Nu Kote Holding Inc /De/)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (ia) The entry by a A court of competent having jurisdiction of in the premises shall enter a decree or order for relief in respect of Holdings, the Borrower Company or any Significant Subsidiary in an involuntary case under the Bankruptcy Code or any Debtor Relief Law applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted and remain unstayed under any applicable federal, provincial, territorial, federal or state or local Requirement of Lawlaw; or (iib) the commencement of an involuntary case is commenced against Holdings, the Borrower Company or any of its Significant Subsidiary Subsidiaries under any Debtor Relief Lawapplicable bankruptcy, insolvency or other similar law now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower Company or any of its Significant Subsidiary, Subsidiaries or over all or a substantial part of its property; any of their respective properties, shall have been entered, or the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower Company or any of its Significant Subsidiary Subsidiaries for all or a substantial part of their respective properties is involuntarily appointed; or a warrant of attachment, execution or similar process is issued against any substantial part of the property of the Company or any of its propertySignificant Subsidiaries, which remains undismissed, unvacated, unbounded or unstayed pending appeal and the continuance of any such events in this clause (b) for 60 consecutive daysdays unless dismissed, bonded, stayed, vacated or discharged; or

Appears in 1 contract

Samples: Senior Subordinated Loan Agreement (SMTC Corp)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (ia) The entry by a A court of competent having jurisdiction of in the premises shall enter a decree or order for relief in respect of Holdings, the Borrower or any Significant Subsidiary in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency, or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, state or local Requirement of LawLegal Requirement; or or (iib) the commencement of an An involuntary case shall be commenced against Holdings, the Borrower or any Significant Subsidiary under the Bankruptcy Code or under any Debtor Relief Lawother applicable bankruptcy, insolvency, or similar law now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor or other officer having similar powers over Holdings, the Borrower or any Significant Subsidiary, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee trustee, or other custodian of Holdings, the Borrower or any Significant Subsidiary for all or a substantial part of its property; or a warrant of attachment, which remains undismissedexecution, unvacatedor similar process shall have been issued against any substantial part of the property of any Significant Subsidiary, unbounded and any such event described in this CLAUSE (b) shall continue for sixty (60) days unless dismissed, bonded, or unstayed pending appeal for 60 consecutive daysdischarged; or

Appears in 1 contract

Samples: Credit Agreement (Trammell Crow Co)

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Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a court of competent jurisdiction of a decree or order for relief in respect of Holdings, the Lead Borrower or any Significant Subsidiary of its Restricted Subsidiaries (other than any Immaterial Subsidiary) in an involuntary case under any Debtor Relief Law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, state or local Requirement of Lawlaw; or (ii) the commencement of an involuntary case against Holdings, the Lead Borrower or any Significant Subsidiary of its Restricted Subsidiaries (other than any Immaterial Subsidiary) under any Debtor Relief Law; the entry by a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, administrative receiver, administrator, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Lead Borrower or any Significant of its Restricted Subsidiaries (other than any Immaterial Subsidiary), or over all or a substantial part of its property; (iii) with respect to any UK Loan Party, the suspension of payments, order for relief, a moratorium of any indebtedness, winding–up, dissolution, administration or reorganisation (whether by way of voluntary or involuntary arrangement, scheme of arrangement or otherwise); or (iv) the involuntary appointment of an interim receiver, trustee trustee, administrative receiver, administrator or other custodian of Holdings, the Lead Borrower or any Significant Subsidiary of its Restricted Subsidiaries (other than any Immaterial Subsidiary) for all or a substantial part of its property, which in the case of a Loan Party other than the UK Loan Parties remains undismissed, unvacated, unbounded or unstayed pending appeal for 60 consecutive daysdays or in the case of a UK Loan Party such action or proceeding is being contested in good faith and is not discharged, stayed or dismissed within 21 days of commencement; or

Appears in 1 contract

Samples: Abl Credit Agreement (PQ Group Holdings Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i1) The entry by a A court of competent jurisdiction of enters a decree or order for relief in with respect to any of Holdings, the Borrower or any Significant Subsidiary Non-Debtor Loan Parties in an involuntary case under any Debtor Relief Law now or hereafter in effectBankruptcy Law, which decree or order is not stayed; stayed or any other similar relief shall be is not granted under any applicable federal, provincial, territorial, state or local Requirement of Lawforeign law; or (ii2) the commencement continuance of any of the following events for thirty (30) days unless dismissed, bonded or discharged: (a) an involuntary petition, proceeding or case is commenced against Holdings, any of the Borrower or any Significant Subsidiary Non-Debtor Loan Parties under any Debtor Relief Lawapplicable bankruptcy, insolvency, reorganization or other similar law of any jurisdiction now or hereafter in effect or under any insolvency, arrangement, reorganization, moratorium, receivership, readjustment of debt, dissolution or liquidation law or statute of any jurisdiction now or hereafter in effect (whether at law or equity); the entry by a court having jurisdiction in the premises of or (b) a decree or order of a court for the appointment of a receiver, receiver and receiver-manager, (preliminary) insolvency receiveradministrator, manager, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, any of the Borrower or any Significant SubsidiaryNon-Debtor Loan Parties, or over all or a substantial part of its property, is entered; or the involuntary appointment of (c) an interim receiver, receiver-manager, administrator, manager, trustee or other custodian is appointed without the consent of Holdingsany of the Non-Debtor Loan Parties, the Borrower or any Significant Subsidiary for all or a substantial part of its propertythe property of, which remains undismissedsuch Non-Debtor Loan Party; except, unvacatedin each case, unbounded or unstayed pending appeal for 60 consecutive daysas could reasonably be expected not to have a Non-Debtor Loan Party Material Adverse Effect; or

Appears in 1 contract

Samples: Post Petition Credit Agreement (Portola Packaging Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (ia) The entry by a A court of competent having jurisdiction of in the premises shall enter a decree or order for relief in respect of Holdings, the Borrower Company or any Significant Subsidiary Subsidiary, in an involuntary case under the Bankruptcy Code or any Debtor Relief Law applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted and remain unstayed under any applicable federal, provincial, territorial, federal or state or local Requirement of Lawlaw; or (iib) the commencement of an involuntary case is commenced against Holdings, the Borrower Company or any Significant Subsidiary Subsidiary, under any Debtor Relief Lawapplicable bankruptcy, insolvency or other similar law now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower Company or any Significant Subsidiary, of its Subsidiaries or over all or a substantial part of its property; any of their respective properties, shall have been entered, or the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower Company or any of its Significant Subsidiary Subsidiaries for all or a substantial part of their respective properties is involuntarily appointed; or a warrant of attachment, execution or similar process is issued against any substantial part of the property of the Company or any of its property, which remains undismissed, unvacated, unbounded or unstayed pending appeal Significant Subsidiaries and the continuance of any such events in this clause (b) for 60 consecutive daysdays unless dismissed, bonded, stayed, vacated or discharged; or

Appears in 1 contract

Samples: Securities Purchase Agreement (Simmons Co /Ga/)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a court of competent jurisdiction of a decree or order for relief in respect of Holdings, the Borrower any Loan Party or any Significant Subsidiary of its Subsidiaries in an involuntary case under any Debtor Relief Law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, state, provincial, territorial, state territorial or local Requirement of Law; or or (ii) the commencement of an involuntary case against Holdings, the Borrower any Loan Party or any Significant Subsidiary of its Subsidiaries under any Debtor Relief Law; the entry by a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor or other officer having similar powers over Holdings, the Borrower any Loan Party or any Significant Subsidiaryof its Subsidiaries, or over all or a substantial part of its property; or the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower any Loan Party or any Significant Subsidiary of its Subsidiaries for all or a substantial part of its property, which remains undismissed, unvacated, unbounded or unstayed pending appeal for 60 sixty (60) consecutive days; or

Appears in 1 contract

Samples: Credit Agreement (View, Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent jurisdiction of shall enter a decree or order for relief in respect of Holdings, the Borrower or any Significant Material Subsidiary in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, federal or state or local Requirement of Lawlaw; or (ii) the commencement of an involuntary case shall be commenced against Holdings, the Borrower or any Significant Material Subsidiary under the Bankruptcy Code or under any Debtor Relief Lawother applicable bankruptcy, insolvency or similar law now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administratorconservator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower or any Significant Material Subsidiary, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee trustee, conservator or other custodian of Holdings, the Borrower or any Significant Subsidiary of its Subsidiaries for all or a substantial part of its property; or a warrant of attachment, which remains undismissedexecution or similar process shall have been issued against any substantial part of the property of the Borrower or any Material Subsidiary, unvacatedand any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, unbounded bonded or unstayed pending appeal for 60 consecutive daysdischarged; or

Appears in 1 contract

Samples: Senior Secured Term Loan Facility Agreement (Home Loan Servicing Solutions, Ltd.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (ia) The entry by a A court of competent having jurisdiction of in the premises shall enter a decree or order for relief in respect of Holdings, the Borrower Holdings or any Significant Subsidiary Subsidiary, in an involuntary case under the Bankruptcy Code or any Debtor Relief Law applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted and remain unstayed under any applicable federal, provincial, territorial, federal or state or local Requirement of Lawlaw; or (iib) the commencement of an involuntary case is commenced against Holdings, the Borrower Holdings or any Significant Subsidiary Subsidiary, under any Debtor Relief Lawapplicable bankruptcy, insolvency or other similar law now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower Holdings or any Significant Subsidiary, of its Subsidiaries or over all or a substantial part of its property; any of their respective properties, shall have been entered, or the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower Holdings or any of its Significant Subsidiary Subsidiaries for all or a substantial part of their respective properties is involuntarily appointed; or a warrant of attachment, execution or similar process is issued against any substantial part of the property of the Holdings or any of its property, which remains undismissed, unvacated, unbounded or unstayed pending appeal Significant Subsidiaries and the continuance of any such events in this clause (b) for 60 consecutive daysdays unless dismissed, bonded, stayed, vacated or discharged; or

Appears in 1 contract

Samples: Securities Purchase Agreement (Simmons Co /Ga/)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent jurisdiction of shall enter a decree or order for relief in respect of Holdings, the Borrower or any Significant Restricted Subsidiary that is a Material Subsidiary in an involuntary case under any Debtor Relief Law now or hereafter in effectLaws, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, state or local Requirement of Lawforeign law; or (ii) the commencement of an involuntary case shall be commenced against Holdings, the Borrower or any Significant Restricted Subsidiary that is a Material Subsidiary under any Debtor Relief LawLaws; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the involuntary appointment of a an interim receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower or any Significant Restricted Subsidiary that is a Material Subsidiary, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers the Borrower or any Restricted Subsidiary that is a Material Subsidiary, or over all or a substantial part of its property; or the involuntary appointment a warrant of an interim receiverattachment, trustee execution or other custodian of Holdings, the Borrower or any Significant Subsidiary for similar process shall have been issued against all or a substantial part of its property, which remains undismissed, unvacated, unbounded the property of the Borrower or unstayed pending appeal any Restricted Subsidiary that is a Material Subsidiary; and any such event described in this clause (ii) shall continue for 60 consecutive days; ordays without having been dismissed, stayed, bonded or discharged;

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Tivity Health, Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent having jurisdiction of in the premises shall enter a decree or order for relief in respect of Holdings, the Borrower or Holdings any Significant Subsidiary of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, federal or state or local Requirement of Lawlaw; or or (ii) the commencement of an involuntary case shall be commenced against Holdings, the Borrower Holdings or any Significant Subsidiary of its Material Subsidiaries under the Bankruptcy Code or under any Debtor Relief Lawother applicable bankruptcy, insolvency or similar law now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower Holdings or any Significant Subsidiaryof its Material Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower Holdings or any Significant Subsidiary of its Material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, which remains undismissedexecution or similar process shall have been issued against any substantial part of the property of Holdings or any of its Material Subsidiaries, unvacated, unbounded or unstayed pending appeal and any such event described in this clause (ii) shall continue for 60 consecutive daysdays unless dismissed, bonded or discharged; or

Appears in 1 contract

Samples: Credit Agreement (Ak Steel Holding Corp)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent having jurisdiction of in the premises shall enter a decree or order for relief in respect of Holdings, the Borrower Company or any of its Significant Subsidiary Subsidiaries in an involuntary case or similar proceeding under the Bankruptcy Code or under any Debtor Relief Law now or hereafter in effect, other Insolvency Laws which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, state or local Requirement of LawInsolvency Laws; or (ii) the commencement of an involuntary case or similar proceeding shall be commenced against Holdings, the Borrower Company or any of its Significant Subsidiary Subsidiaries under the Bankruptcy Code or under any Debtor Relief Lawother Insolvency Laws; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower Company or any of its Significant SubsidiarySubsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment or similar proceeding of an interim receiver, trustee or other custodian of Holdings, the Borrower Company or any of its Significant Subsidiary Subsidiaries for all or a substantial part of its property; or a warrant of attachment, which remains undismissedexecution or similar process shall have been issued against any substantial part of the property of Company or any of its Significant Subsidiaries, unvacated, unbounded or unstayed pending appeal and any such event described in this clause (ii) shall continue for 60 consecutive daysdays unless dismissed, bonded or discharged; or

Appears in 1 contract

Samples: Credit Agreement (LTM Holdings Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent jurisdiction of enters a decree or order for relief in respect of Holdings, the Borrower or any Significant Subsidiary of its Subsidiaries in an involuntary case under the Bankruptcy Code or any Debtor Relief Law applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not dismissed, stayed; , discharged or any other similar relief shall be is not granted under any applicable federal, provincial, territorial, federal or state or local Requirement of Lawlaw; or (ii) the commencement continuance of any of the following events for sixty (60) days unless dismissed, bonded or discharged: (a) an involuntary case is commenced against Holdings, the Borrower or any Significant Subsidiary of its Subsidiaries under any Debtor Relief Lawapplicable bankruptcy, insolvency or other similar law now or hereafter in effect; the entry by or (b) a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower or any Significant Subsidiaryof its Subsidiaries, or over all or a substantial part of its propertyany of their respective properties, is entered; or the involuntary appointment of (c) an interim receiver, trustee or other custodian of Holdings, the Borrower or any Significant Subsidiary of its Subsidiaries for all or a substantial part of their respective properties is involuntarily appointed; or (d) a warrant of attachment, execution or similar process is issued against any substantial part of the property of the Borrower or any of its property, which remains undismissed, unvacated, unbounded or unstayed pending appeal for 60 consecutive daysSubsidiaries; or

Appears in 1 contract

Samples: Loan Agreement (Zefer Corp)

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

Appears in 1 contract

Samples: Credit Agreement (Aas Capital Corp)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent jurisdiction of shall enter a decree or order for relief in respect of Holdings, the Borrower or any Significant Subsidiary that is, in each case, not a Debtor in an involuntary case or proceeding under any Debtor Relief Law now or hereafter in effectLaws, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, state or local Requirement of Lawother applicable law; or (ii) the commencement of an involuntary case or proceeding shall be commenced against Holdings, the Borrower or any Significant Subsidiary that is, in each case, not a Debtor under any Debtor Relief LawLaws; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the involuntary appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administratorcustodian or other officer having similar powers over Holdings, custodianthe Borrower or Subsidiary that is, monitor in each case, not a Debtor, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, the Borrower or any Significant SubsidiarySubsidiary that is, in each case, not a Debtor, or over all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against all or a substantial part of the involuntary appointment of an interim receiver, trustee or other custodian property of Holdings, the Borrower or any Significant Subsidiary for all or that is, in each case, not a substantial part of its propertyDebtor, which remains undismissed, unvacated, unbounded or unstayed pending appeal and any such event described in this clause (ii) shall continue for 60 consecutive days; ordays without having been dismissed or discharged.

Appears in 1 contract

Samples: Debtor in Possession Abl Credit and Guaranty Agreement (QualTek Services Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i1) The entry by a A court of competent jurisdiction of enters a decree or order for relief in with respect of Holdings, the to Borrower or any Significant Subsidiary of its Restricted Subsidiaries in an involuntary case under any Debtor Relief Law now or hereafter in effectBankruptcy Law, which decree or order is not stayed; stayed or any other similar relief shall be is not granted under any applicable federal, provincial, territorial, state or local Requirement of Lawforeign law; or (ii2) the commencement continuance of any of the following events for forty-five (45) days unless dismissed, bonded or (a) an involuntary petition, proceeding or case is commenced against Holdings, the Borrower or any Significant Subsidiary of its Restricted Subsidiaries, under any Debtor Relief Lawapplicable bankruptcy, insolvency, reorganization or other similar law of any jurisdiction now or hereafter in effect or under any insolvency, arrangement, reorganization, moratorium, receivership, readjustment of debt, dissolution or liquidation law or statute of any jurisdiction now or hereafter in effect (whether at law or equity); the entry by a court having jurisdiction in the premises of or (b) a decree or order of a court for the appointment of a receiver, receiver and receiver-manager, (preliminary) insolvency receiveradministrator, manager, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower or any Significant Subsidiaryof its Restricted Subsidiaries, or over all or a substantial part of its property, is entered; or the involuntary appointment of (c) an interim receiver, receiver-manager, administrator, manager, trustee or other custodian is appointed without the consent of Holdings, the Borrower or any Significant Subsidiary of its Restricted Subsidiaries, for all or a substantial part of the property of, such Borrower or its property, which remains undismissed, unvacated, unbounded or unstayed pending appeal for 60 consecutive daysRestricted Subsidiary; or

Appears in 1 contract

Samples: Credit Agreement (Portola Packaging Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent jurisdiction of enters a decree or order for relief in respect of Holdings, the Borrower or any Significant Subsidiary in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be is granted under any applicable federal, provincial, territorial, state or local Requirement of Lawlaw; or (ii) the commencement of an involuntary case is commenced against Holdings, the Borrower or any Significant Subsidiary under the Bankruptcy Code or under any Debtor Relief Lawother applicable bankruptcy, insolvency or similar law now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower or any Significant Subsidiary, or over all or a substantial part of its property, is entered; or there occurs the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower or any Significant Subsidiary for all or a substantial part of its property; or a warrant of attachment, which remains undismissedexecution or similar process is issued against any substantial part of the property of the Borrower or any Significant Subsidiary, unvacatedand any such event described in this clause (ii) continues for sixty (60) consecutive days without having been dismissed, unbounded bonded or unstayed pending appeal for 60 consecutive daysdischarged; or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Lumentum Holdings Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent having jurisdiction of in the premises shall enter a decree or order for relief in respect of HoldingsHolding, the Borrower Borrower, Canadian Blue Bird, BB Capital or any Significant Subsidiary of their respective material Subsidiaries in an involuntary case under the Bankruptcy Code or any Debtor Relief Law applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, Federal or state or local Requirement of Lawlaw; or or (ii) the commencement of an involuntary case is commenced against HoldingsHolding, the Borrower Borrower, Canadian Blue Bird, BB Capital or any Significant Subsidiary of their respective material Subsidiaries under any Debtor Relief Lawapplicable bankruptcy, insolvency or other similar law now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over HoldingsHolding, the Borrower Borrower, Canadian Blue Bird, BB Capital or any Significant Subsidiaryof their respective material Subsidiaries, or over all or a substantial part of its property, shall have been entered; or the involuntary appointment of an interim receiver, trustee or other custodian of HoldingsHolding, the Borrower Borrower, Canadian Blue Bird, BB Capital or any Significant Subsidiary of their respective material Subsidiaries for all or a substantial part of its property; or the issuance of a warrant of attachment, which remains undismissedexecution or similar process against any substantial part of the property of Holding, unvacatedBorrower, unbounded Canadian Blue Bird, BB Capital or unstayed pending appeal any of their respective material Subsidiaries, and the continuance of any such event in clause (ii) for 60 consecutive dayssixty (60) days unless dismissed, bonded or discharged; or

Appears in 1 contract

Samples: Credit Agreement (Blue Bird Corp)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (ia) The entry by a A court of competent having jurisdiction of in the premises shall enter a decree or order for relief in respect of Holdings, the Borrower any Issuer or any Significant Subsidiary in an involuntary case under the Bankruptcy Code or any Debtor Relief Law applicable bankruptcy, insolvency or other similar law now or hereafter in effecteffect in the United States or any other jurisdiction, which decree or order is not stayed; or any other similar relief shall be granted and remain unstayed under any applicable federal, provincial, territorial, state or local Requirement of Lawlaw; or (iib) the commencement of an involuntary case is commenced against Holdings, the Borrower any Issuer or any Significant Subsidiary of their Subsidiaries under any Debtor Relief Lawapplicable bankruptcy, insolvency or other similar law now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower any Issuer or any Significant Subsidiary, of their Subsidiaries or over all or a substantial part of its property; any of their respective properties, shall have been entered, or the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower any Issuer or any Significant Subsidiary of their Subsidiaries for all or a substantial part of its propertytheir respective properties is involuntarily appointed; or a warrant of attachment, which remains undismissedexecution or similar process is issued against any substantial part of the property of any Issuer or any of their Subsidiaries, unvacated, unbounded or unstayed pending appeal and the continuance of any such events in this clause (b) for 60 consecutive daysdays unless dismissed, bonded, stayed, vacated or discharged; or

Appears in 1 contract

Samples: Notes Purchase Agreement (Roadrunner Transportation Services Holdings, Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent having jurisdiction of in the premises shall enter a decree or order for relief in respect of Holdings, the Borrower Holdings or any Significant Subsidiary of the Subsidiaries in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, federal or state or local Requirement of Lawlaw; or (ii) the commencement of an involuntary case shall be commenced against Holdings, the Borrower Holdings or any Significant Subsidiary of the Subsidiaries under the Bankruptcy Code or under any Debtor Relief Lawother applicable bankruptcy, insolvency or similar law now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower Holdings or any Significant Subsidiaryof the Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower Holdings or any Significant Subsidiary of the Subsidiaries for all or a substantial part of its property; or a warrant of attachment, which remains undismissedexecution or similar process shall have been issued against any substantial part of the property of Holdings or any of the Subsidiaries, unvacatedand any such event described in this clause (ii) shall continue for sixty (60) days unless dismissed, unbounded bonded or unstayed pending appeal for 60 consecutive daysdischarged; or

Appears in 1 contract

Samples: Credit Agreement (Real Mex Restaurants, Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent having jurisdiction of in the premises shall enter a decree or order for relief in respect of Holdings, the Borrower or any Significant Subsidiary of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, federal or state or local Requirement of Lawlaw; or or (ii) the commencement of an involuntary case shall be commenced against Holdings, the Borrower or any Significant Subsidiary of its Subsidiaries under the Bankruptcy Code or under any Debtor Relief Lawother applicable bankruptcy, insolvency or similar law now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower Holdings or any Significant Subsidiaryof its Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower Holdings or any Significant Subsidiary of its Subsidiaries for all or a substantial part of its property; or a warrant of attachment, which remains undismissedexecution or similar process shall have been issued against any substantial part of the property of Holdings or any of its Subsidiaries, unvacated, unbounded or unstayed pending appeal and any such event described in this clause (ii) shall continue for 60 consecutive daysdays unless dismissed, bonded or discharged; or

Appears in 1 contract

Samples: Credit Agreement (PRA International)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent having jurisdiction of in the premises shall enter a decree or order for relief in respect of Holdings, the Borrower Company or any Significant other Subsidiary of Company in an involuntary case under the Bankruptcy Code, Swiss Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law (whether in the USA, Switzerland or any other jurisdiction) now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federalforeign, provincial, territorial, federal or state or local Requirement of Lawlaw; or or (ii) the commencement of an involuntary case shall be commenced against Holdings, the Borrower Company or any Significant other Subsidiary of Company under the Bankruptcy Code, Swiss Bankruptcy Code (except for any proceedings under Section 80 seq. of the Swiss Bankruptcy Code) or under any Debtor Relief Lawother applicable bankruptcy, insolvency or similar law (whether in the USA, Switzerland or any other jurisdiction) now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower Company or any Significant Subsidiaryother Subsidiary of Company, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower Company or any Significant other Subsidiary of Company for all or a substantial part of its property; or a warrant of attachment, which remains undismissedexecution or similar process shall have been issued against any substantial part of the property of Company or any other Subsidiary of Company, unvacated, unbounded or unstayed pending appeal and any such event described in this clause (ii) shall continue for 60 consecutive daysdays unless dismissed, bonded or discharged; or

Appears in 1 contract

Samples: Credit Agreement (Sybron Dental Specialties Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (iA) The entry by a A court of competent having jurisdiction of in the premises shall enter a decree or order for relief in respect of Holdings, the Borrower or any Significant Subsidiary in an involuntary case under the Bankruptcy Code or any Debtor Relief Law applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, federal or state or local Requirement of Lawlaw; or (iiB) the commencement of an involuntary case is commenced against Holdings, the Borrower or any Significant Subsidiary under any Debtor Relief Lawapplicable bankruptcy, insolvency or other similar law now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower or any Significant Subsidiary, or over all or a substantial part of its property, shall have been entered; or the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower or any Significant Subsidiary for all or a substantial part of its propertythe property of Borrower or any Subsidiary is involuntarily appointed; or a warrant of attachment, which remains undismissedexecution or similar process is issued against any substantial part of the property of Borrower or any Subsidiary, unvacated, unbounded or unstayed pending appeal and the continuance of any such events in subpart (B) for 60 consecutive daysdays unless dismissed, bonded or discharged; or

Appears in 1 contract

Samples: Credit Agreement (Burlington Industries Inc /De/)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent having jurisdiction of in the premises shall enter a decree or order for relief in respect of Holdings, the Borrower or any Significant Subsidiary of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, federal or state or local Requirement of Lawlaw; or (ii) the commencement of an involuntary case shall be commenced against Holdings, the Borrower or any Significant Subsidiary of its Subsidiaries under the Bankruptcy Code or under any Debtor Relief Lawother applicable bankruptcy, insolvency or similar law now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower or any Significant Subsidiaryof its Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower or any Significant Subsidiary of its Subsidiaries for all or a substantial part of its property; or a warrant of attachment, which remains undismissedexecution or similar process shall have been issued against any substantial part of the property of Borrower or any of its Subsidiaries, unvacated, unbounded or unstayed pending appeal and any such event described in this clause (ii) shall continue for 60 consecutive daysdays unless dismissed, bonded or discharged; or

Appears in 1 contract

Samples: Credit Agreement (Hartmarx Corp/De)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent having jurisdiction of in the premises shall enter a decree or order for relief in respect of Holdings, the Borrower Holdings or any Significant Subsidiary of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, federal or state or local Requirement of Lawlaw; or or (ii) the commencement of an involuntary case shall be commenced against Holdings, the Borrower Holdings or any Significant Subsidiary of its Subsidiaries under the Bankruptcy Code or under any Debtor Relief Lawother applicable bankruptcy, insolvency or similar law now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower Holdings or any Significant Subsidiaryof its Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower Holdings or any Significant Subsidiary of its Subsidiaries for all or a substantial part of its property; or a warrant of attachment, which remains undismissedexecution or similar process shall have been issued against any substantial part of the property of Holdings or any of its 152 Subsidiaries, unvacated, unbounded or unstayed pending appeal and any such event described in this clause (ii) shall continue for 60 consecutive daysdays unless dismissed, bonded or discharged; or

Appears in 1 contract

Samples: Credit Agreement (Arris Group Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i1) The entry by a A court of competent jurisdiction of enters a decree or order for relief in with respect to Borrower, any of Holdingsits Subsidiaries, the Borrower any Guarantor, any other Loan Party or any Significant Subsidiary Resources in an involuntary case under the Bankruptcy Code or any Debtor Relief Law applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed; stayed or any other similar relief shall be is not granted under any applicable federal, provincial, territorial, federal or state or local Requirement of Lawlaw; or (ii2) the commencement continuance of any of the following events for forty-five (45) days unless dismissed, bonded or discharged: (a) an involuntary case is commenced against HoldingsBorrower, the Borrower any of its Subsidiaries, any Guarantor, any other Loan Party or any Significant Subsidiary Resources, under any Debtor Relief Lawapplicable bankruptcy, insolvency or other similar law now or hereafter in effect; the entry by a court having jurisdiction in the premises of or (b) a decree or order of a court for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over HoldingsBorrower, the Borrower any of its Subsidiaries, any Guarantor, any other Loan Party or any Significant SubsidiaryResources, or over all or a substantial part of its property, is entered; or the involuntary appointment of (c) an interim receiver, trustee or other custodian is appointed without the consent of HoldingsBorrower, the Borrower any of its Subsidiaries, any Guarantor, any other Loan Party or any Significant Subsidiary Resources, for all or a substantial part of its propertythe property of Borrower, which remains undismissedany such Subsidiary, unvacatedany Guarantor, unbounded any other Loan Party or unstayed pending appeal for 60 consecutive daysResources; or

Appears in 1 contract

Samples: Credit Agreement (First Wave Marine Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a court of competent jurisdiction of a decree or order for relief in respect of Holdings, the Borrower or any Significant Subsidiary of its Restricted Subsidiaries (other than any Immaterial Subsidiary) in an involuntary case under any Debtor Relief Law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, state or local Requirement Requirements of Law, which relief is not stayed; or (ii) the commencement of an involuntary case against Holdings, the Borrower or any Significant Subsidiary of its Restricted Subsidiaries (other than any Immaterial Subsidiary) under any Debtor Relief Law; the entry by a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower or any Significant of its Restricted Subsidiaries (other than any Immaterial Subsidiary), or over all or a substantial material part of its property; or the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower or any Significant Subsidiary of its Restricted Subsidiaries (other than any Immaterial Subsidiary) for all or a substantial material part of its property, which remains remains, in any case under this clause (f), undismissed, unvacated, unbounded or unstayed pending appeal for 60 consecutive days; or

Appears in 1 contract

Samples: Credit Agreement (Topgolf Callaway Brands Corp.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent jurisdiction of shall enter a decree or order for relief in respect of Holdings, the Borrower or any Significant Restricted Subsidiary that is a Material Subsidiary in an involuntary case or proceeding under any Debtor Relief Law now or hereafter in effectLaws, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, state or local Requirement of Lawother applicable law; or (ii) the commencement of an involuntary case or proceeding shall be commenced against Holdings, the Borrower or any Significant Restricted Subsidiary that is a Material Subsidiary under any Debtor Relief LawLaws; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the involuntary appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower or any Significant Restricted Subsidiary that is a Material Subsidiary, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, liquidator, sequestrator, trustee, ​ ​ custodian or other officer having similar powers over Holdings, the Borrower or any Restricted Subsidiary that is a Material Subsidiary, or over all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against all or a substantial part of the involuntary appointment of an interim receiver, trustee or other custodian property of Holdings, the Borrower or any Significant Restricted Subsidiary for all or that is a substantial part of its propertyMaterial Subsidiary, which remains undismissed, unvacated, unbounded or unstayed pending appeal and any such event described in this clause (ii) shall continue for 60 consecutive days; ordays without having been dismissed or discharged;

Appears in 1 contract

Samples: Abl Credit and Guaranty Agreement (QualTek Services Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent jurisdiction of shall enter a decree or order for relief in respect of Holdings, the Borrower or any Significant Non-Debtor Subsidiary in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, federal or state or local Requirement of Lawlaw; or (ii) the commencement of an involuntary case shall be commenced against Holdings, the Borrower or any Significant Non-Debtor Subsidiary under the Bankruptcy Code or under any Debtor Relief Lawother applicable bankruptcy, insolvency or similar law now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower or any Significant Non-Debtor Subsidiary, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower or any Significant Non-Debtor Subsidiary for all or a substantial part of its property; or a warrant of attachment, which remains undismissedexecution or similar process shall have been issued against any substantial part of the property of any Non-Debtor Subsidiary, unvacatedand any such event described in this clause (ii) shall continue for ten days without having been dismissed, unbounded bonded or unstayed pending appeal for 60 consecutive daysdischarged; or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Ambassadors International Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (iA) The entry by a A court of competent having jurisdiction of in the premises shall enter a decree or order for relief in respect of Holdings, the Borrower Company or any Significant of its Material Subsidiaries or any Subsidiary Borrower in an involuntary case under the Bankruptcy Code or any Debtor Relief Law applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, federal or state or local Requirement of Lawlaw; or (iiB) the commencement of an involuntary case is commenced against Holdings, the Borrower Company or any Significant of its Material Subsidiaries or any Subsidiary Borrower under any Debtor Relief Lawapplicable bankruptcy, insolvency or other similar law now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower Company or any Significant Subsidiaryof its Material Subsidiaries or any Subsidiary Borrower, or over all or a substantial part of its property, shall have been entered; or the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower Company or any Significant of its Material Subsidiaries or any Subsidiary Borrower for all or a substantial part of its property; or the issuance of a warrant of attachment, which remains undismissedexecution or similar process against any substantial part of the property of Company or any of its Material Subsidiaries or any Subsidiary Borrower, unvacated, unbounded or unstayed pending appeal and the continuance of any such events in subpart (B) for 60 consecutive daysdays unless dismissed, bonded or discharged; or

Appears in 1 contract

Samples: Credit Agreement (Owens Illinois Inc /De/)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent having proper jurisdiction of shall enter a decree or order for relief in with respect of Holdings, the to Borrower or any Significant Subsidiary in an involuntary case under the Bankruptcy Code or any Debtor Relief Law applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayedstayed within seven (7) days after entry and dismissed within ninety (90) days after the entry of such order; or any other similar relief shall be granted under any applicable federal, provincial, territorial, federal or state or local Requirement of Lawlaw; or or (ii) the commencement of an An involuntary case is commenced against Holdings, the Borrower or any Significant Subsidiary of the Principals, under any Debtor Relief Lawapplicable bankruptcy, insolvency or other similar law now or hereafter in effect; the entry by a court having jurisdiction in the premises of or a decree or order of a court for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower or any Significant Subsidiary, of the Principals or over all or a substantial part of its their respective property, shall be entered; or the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower or any Significant Subsidiary of the Principals, for all or a substantial part of its their respective property; or the issuance of a warrant of attachment, which remains undismissedexecution or similar process against any substantial part of the respective property of Borrower or any of the Principals, unvacated, unbounded and the continuance of any such event in this clause (ii) for ninety (90) days unless dismissed or unstayed pending appeal for 60 consecutive days; ordischarged.

Appears in 1 contract

Samples: Loan and Security Agreement (Matrix Pharmaceutical Inc/De)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (ia) The entry by a A court of competent having jurisdiction of in the premises shall enter a decree or order for relief in respect of Holdings, the Borrower any Issuer or any Significant Subsidiary in an involuntary case under the Bankruptcy Code or any Debtor Relief Law applicable bankruptcy, insolvency or other similar law now or hereafter in effecteffect in the United States or any other jurisdiction, which decree or order is not stayed; or any other similar relief shall be granted and remain unstayed under any applicable federal, provincial, territorial, state or local Requirement of Lawlaw; or (iib) the commencement of an involuntary case is commenced against Holdings, the Borrower any Issuer or any Significant Subsidiary of their Subsidiaries or under any Debtor Relief Lawapplicable bankruptcy, insolvency or other similar law now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower any Issuer or any Significant Subsidiary, of their Subsidiaries or over all or a substantial part of its property; any of their respective properties, shall have been entered, or the involuntary appointment of an interim receiver, trustee trustee, or other custodian of Holdings, the Borrower any Issuer or any Significant Subsidiary of their Subsidiaries for all or a substantial part of its propertytheir respective properties is involuntarily appointed; or a warrant of attachment, which remains undismissedexecution, unvacatedor similar process is issued against any substantial part of the property of any Issuer or any of their Subsidiaries, unbounded or unstayed pending appeal and the continuance of any such events in this clause (b) for 60 consecutive daysdays unless dismissed, bonded, stayed, vacated or discharged; or

Appears in 1 contract

Samples: Securities Purchase Agreement (Roadrunner Transportation Services Holdings, Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent jurisdiction of shall enter a decree or order for relief in respect of Holdings, the Borrower or any Significant Subsidiary that is a Material Subsidiary in an involuntary case under any Debtor Relief Law now or hereafter in effectLaw, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, state or local Requirement of Lawforeign law; or (ii) the commencement of an involuntary case shall be commenced against Holdings, the Borrower or any Significant Subsidiary that is a Material Subsidiary under any Debtor Relief Law; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the involuntary appointment of a an interim receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower or any Significant Subsidiary that is a Material Subsidiary, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Borrower or any Subsidiary that is a Material Subsidiary, or over all or a substantial part of its property; or the involuntary appointment a warrant of an interim receiverattachment, trustee execution or other custodian of Holdings, the Borrower or any Significant Subsidiary for similar process shall have been issued against all or a substantial part of its propertythe property of the Borrower or any Subsidiary that is a Material Subsidiary, which remains undismissed, unvacated, unbounded or unstayed pending appeal and any such event described in this clause (ii) shall continue for 60 consecutive days; ordays without having been dismissed or discharged;

Appears in 1 contract

Samples: 364 Day Bridge Credit and Guaranty Agreement (Entegris Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent jurisdiction of shall enter a decree or order for relief in respect of Holdings, the Borrower or any Significant Subsidiary SPLNG in an involuntary case or proceeding under any Debtor Relief Law now or hereafter in effectLaws, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, state or local Requirement of Law; or (ii) the commencement of an involuntary case against Holdings, the Borrower or any Significant Subsidiary under any Debtor Relief Law; the entry by a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administratorconservator, custodian, monitor liquidator or other custodian or other officer having similar powers over Holdings, the Borrower or SPLNG or over all or a substantial part of its property shall be appointed, or a warrant of attachment, execution or similar process shall have been issued against any Significant Subsidiarysubstantial part of the property of Borrower or SPLNG and any such event described in this clause (i) shall remain undismissed or unstayed for sixty days; or (ii) a case or proceeding shall be commenced against Borrower or SPLNG without the consent or acquiescence of such party seeking relief under any Debtor Relief Laws or seeking the appointment of a receiver, sequestrator, trustee, conservator, liquidator or other custodian or other officer having similar powers over Borrower or SPLNG or over all or a substantial part of its property, and any such event described in this clause (ii) shall continue for sixty days without having been dismissed, bonded or discharged; or (iii) any analogous step or procedure is taken under the involuntary appointment laws of an interim receiver, trustee or other custodian any jurisdiction in respect of Holdings, the Borrower or any Significant Subsidiary for all or a substantial part of its property, which remains undismissed, unvacated, unbounded or unstayed pending appeal for 60 consecutive days; orSPLNG;

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Cheniere Energy Partners, L.P.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent having jurisdiction of in the premises shall enter a decree or order for relief in respect of Holdings, the Borrower Company or any Significant Subsidiary of its Subsidiaries (other than an Insignificant Subsidiary) in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, federal or state or local Requirement of Lawlaw; or or (ii) the commencement of an involuntary case shall be commenced against Holdings, the Borrower Company or any Significant Subsidiary of its Subsidiaries (other than an Insignificant Subsidiary) under the Bankruptcy Code or under any Debtor Relief Lawother applicable bankruptcy, insolvency or similar law now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower Company or any Significant of its Subsidiaries (other than an Insignificant Subsidiary), or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower Company or any Significant Subsidiary of its Subsidiaries (other than an Insignificant Subsidiary) for all or a substantial part of its property; or a warrant of attachment, which remains undismissedexecution or similar process shall have been issued against any substantial part of the property of Company or any of its Subsidiaries (other than an Insignificant Subsidiary), unvacated, unbounded or unstayed pending appeal and any such event described in this clause (ii) shall continue for 60 consecutive days; ordays unless dismissed, bonded or discharged;

Appears in 1 contract

Samples: Credit Agreement (Read Rite Corp /De/)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent having jurisdiction of in the premises shall enter a decree or order for relief in respect of Holdings, the Borrower BCC or any Significant Subsidiary of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, federal or state or local Requirement of Lawlaw; or (ii) the commencement of an involuntary case shall be commenced against Holdings, the Borrower BCC or any Significant Subsidiary of its Subsidiaries under the Bankruptcy Code or under any Debtor Relief Lawother applicable bankruptcy, insolvency or similar law now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower BCC or any Significant Subsidiaryof its Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower BCC or any Significant Subsidiary of its Subsidiaries for all or a substantial part of its property; or a warrant of attachment, which remains undismissedexecution or similar process shall have been issued against any substantial part of the property of BCC or any of its Subsidiaries, unvacated, unbounded or unstayed pending appeal and any such event described in this clause (ii) shall continue for 60 consecutive daysdays unless dismissed, bonded or discharged; or

Appears in 1 contract

Samples: Credit Agreement (Benedek License Corp)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent jurisdiction of shall enter a decree or order for relief in respect of Holdings, the Borrower or any Significant Restricted Subsidiary that is a Material Subsidiary in an involuntary case or proceeding under any Debtor Relief Law now or hereafter in effectLaws, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, state or local Requirement of Lawother applicable law; or (ii) the commencement of an involuntary case or proceeding shall be commenced against Holdings, the Borrower or any Significant Restricted Subsidiary that is a Material Subsidiary under any Debtor Relief LawLaws; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the involuntary appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower or any Significant Restricted Subsidiary that is a Material Subsidiary, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, ​ liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, the Borrower or any Restricted Subsidiary that is a Material Subsidiary, or over all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against all or a substantial part of the involuntary appointment of an interim receiver, trustee or other custodian property of Holdings, the Borrower or any Significant Restricted Subsidiary for all or that is a substantial part of its propertyMaterial Subsidiary, which remains undismissed, unvacated, unbounded or unstayed pending appeal and any such event described in this clause (ii) shall continue for 60 consecutive days; ordays without having been dismissed or discharged;

Appears in 1 contract

Samples: Term Credit and Guaranty Agreement (QualTek Services Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent having jurisdiction of in the premises shall enter a decree or order for relief in respect of Holdings, the Borrower Holdings or any Significant Subsidiary of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, federal or state or local Requirement of Lawlaw; or or (ii) the commencement of an involuntary case shall be commenced against Holdings, the Borrower Holdings or any Significant Subsidiary of its Subsidiaries under the Bankruptcy Code or under any Debtor Relief Lawother applicable bankruptcy, insolvency or similar law now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower Holdings or any Significant Subsidiaryof its Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower Holdings or any Significant Subsidiary of its Subsidiaries for all or a substantial part of its property; or a warrant of attachment, which remains undismissedexecution or similar process shall have been issued against any substantial part of the property of Holdings or any of its Subsidiaries, unvacated, unbounded or unstayed pending appeal and any such 126 event described in this clause (ii) shall continue for 60 consecutive daysdays unless dismissed, bonded or discharged; or

Appears in 1 contract

Samples: Credit Agreement (Andros Holdings Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent having jurisdiction of in the premises shall enter a decree or order for relief in respect of Holdings, the Borrower Holding or Company or any Significant Subsidiary of the Material Subsidiaries (excluding Discontinued Operations) in an involuntary case under the Bankruptcy Code or any Debtor Relief Law applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, Federal or state or local Requirement of Lawlaw; or or (ii) the commencement of an involuntary case is commenced against HoldingsHolding, the Borrower Company or any Significant Material Subsidiary (excluding Discontinued Operations) under any Debtor Relief Lawapplicable bankruptcy, insolvency or other similar law now or hereafter in effect; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower Holding or Company or any Significant SubsidiaryMaterial Subsidiary (excluding Discontinued Operations), or over all or a substantial part of its property, shall have been entered; or the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower Holding or Company or any Significant Material Subsidiary (excluding Discontinued Operations) for all or a substantial part of its property; or the issuance of a warrant of attachment, which remains undismissedexecution or similar process against any substantial part of the property of Holding or Company or any Material Subsidiary (excluding Discontinued Operations) and the continuance of any such event in clause (ii) for 30 days unless dismissed, unvacated, unbounded bonded or unstayed pending appeal for 60 consecutive days; discharged: or

Appears in 1 contract

Samples: Credit Agreement (Nu Kote Holding Inc /De/)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent jurisdiction of shall enter a decree or order for relief in respect of Holdings, the Borrower or any Significant Subsidiary that is, in each case, not a Debtor in an involuntary case or proceeding under any Debtor Relief Law now or hereafter in effectLaws, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, state or local Requirement of Lawother applicable law; or (ii) the commencement of an involuntary case or proceeding shall be commenced against Holdings, the Borrower or any Significant Subsidiary that is, in each case, not a Debtor under any Debtor Relief LawLaws; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the involuntary appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administratorcustodian or other officer having similar powers over Holdings, custodianthe Borrower or Subsidiary that is, monitor in each case, not a Debtor, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, the Borrower or any Significant SubsidiarySubsidiary that is, in each case, not a Debtor, or over all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against all or a substantial part of the involuntary appointment of an interim receiver, trustee or other custodian property of Holdings, the Borrower or any Significant Subsidiary for all or that is, in each case, not a substantial part of its propertyDebtor, which remains undismissed, unvacated, unbounded or unstayed pending appeal and any such event described in this clause (ii) shall continue for 60 consecutive days; ordays without having been dismissed or discharged.

Appears in 1 contract

Samples: Restructuring Support Agreement (QualTek Services Inc.)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i1) The entry by a A court of competent jurisdiction of enters a decree or order for relief in with respect to any of Holdings, the Borrower or any Significant Subsidiary Non-Debtor Loan Parties in an involuntary case under any Debtor Relief Law now or hereafter in effectBankruptcy Law, which decree or order is not stayed; stayed or any other similar relief shall be is not granted under any applicable federal, provincial, territorial, state or local Requirement of Lawforeign law; or (ii2) the commencement continuance of any of the following events for thirty (30) days unless dismissed, bonded or discharged: (a) an involuntary petition, proceeding or case is commenced against Holdings, any of the Borrower or any Significant Subsidiary Non-Debtor Loan Parties under any Debtor Relief Lawapplicable bankruptcy, insolvency, reorganization or other similar law of any jurisdiction now or hereafter in effect or under any insolvency, arrangement, reorganization, moratorium, receivership, readjustment of debt, dissolution or liquidation law or statute of any jurisdiction now or hereafter in effect (whether at law or equity); the entry by a court having jurisdiction in the premises of or (b) a decree or order of a court for the appointment of a receiver, receiver and receiver-manager, (preliminary) insolvency receiveradministrator, manager, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, any of the Borrower or any Significant SubsidiaryNon-Debtor Loan Parties, or over all or a substantial part of its property, is entered; or the involuntary appointment of (c) an interim receiver, receiver-manager, administrator, manager, trustee or other custodian is appointed without the consent of Holdingsany of the Non-Debtor Loan Parties, the Borrower or any Significant Subsidiary for all or a substantial part of its propertythe property of, which remains undismissed, unvacated, unbounded or unstayed pending appeal for 60 consecutive dayssuch Non-Debtor Loan Party; in each case under clause (1) and (2) except as could not reasonably be expected to have a Non-Debtor Loan Party Material Adverse Effect; or

Appears in 1 contract

Samples: Senior Post Petition Credit Agreement (Portola Packaging Inc)

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) The entry by a A court of competent jurisdiction of shall enter a decree or order for relief in respect of Holdings, the Borrower or any Significant other Restricted Subsidiary that is a Material Subsidiary in an involuntary case under any Debtor Relief Law now or hereafter in effectLaw, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, state or local Requirement of Lawforeign law; or (ii) the commencement of an involuntary case shall be commenced against Holdings, the Borrower or any Significant other Restricted Subsidiary that is a Material Subsidiary under any Debtor Relief Law; the entry by or a decree or order of a court having jurisdiction in the premises of a decree or order for the involuntary appointment of a an interim receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor custodian or other officer having similar powers over Holdings, the Borrower or any Significant other Restricted Subsidiary that is a Material Subsidiary, or over all or a substantial part substantially all of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee receiver, liquidator, sequestrator, trustee, custodian or other custodian officer having similar powers over Holdings, the Borrower or any other Restricted Subsidiary that is a Material Subsidiary, or over all or substantially all of its property; or a warrant of attachment, execution or similar process shall have been issued against all or substantially all of the property of Holdings, the Borrower or any Significant other Restricted Subsidiary for all or that is a substantial part of its propertyMaterial Subsidiary, which remains undismissed, unvacated, unbounded or unstayed pending appeal and any such event described in this clause (ii) shall continue for 60 consecutive days; ordays without having been dismissed or discharged;

Appears in 1 contract

Samples: Term Credit and Guaranty Agreement (PetIQ, Inc.)

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