Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Holdings, Company or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company or any of 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, Company or any of its Material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company or any of its Material Subsidiaries, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; or
Appears in 3 contracts
Samples: Credit Agreement (FTD Inc), Credit Agreement (FTD Group, Inc.), Credit Agreement (FTD Group, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company Parent or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
or (ii) an involuntary case shall be commenced against Holdings, Company Parent or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company Parent or any of 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, Company Parent or any of its Material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company Parent or any of its Material Subsidiaries, and any such event described in this clause (ii) shall continue for 60 sixty days unless without having been dismissed, bonded or discharged; or
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (Waitr Holdings Inc.), Credit and Guaranty Agreement (Waitr Holdings Inc.), Credit and Guaranty Agreement (Ambassadors International Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company Global Parent or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency insolvency, or similar law now or hereafter in effect, which decree or order is not stayed; , or any other similar relief shall be granted under any applicable federal or state law; or
, or (ii) an involuntary case shall be commenced against Holdings, Company Global Parent or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency insolvency, or similar law now or hereafter in effect; , or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian custodian, or other officer having similar powers over Holdings, Company Global Parent by or any of 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 trustee, or other custodian of Holdings, Company Global Parent or any of its Material Subsidiaries for all or a substantial part of its property; , or a warrant of attachment, execution execution, or similar process shall have been issued against any substantial part of the property of Holdings, Company Global Parent or any of its Material Subsidiaries, and any such event described in this clause (ii) shall continue for 60 days unless without having been dismissed, bonded bonded, or discharged; , or
Appears in 3 contracts
Samples: Credit Agreement (B. Riley Financial, Inc.), Credit Agreement (Franchise Group, Inc.), Subordination Agreement (Franchise Group, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company the Borrower or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
or (ii) an involuntary case shall be commenced against Holdings, Company the Borrower or any of its Material the Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company the Borrower or any of 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, Company the Borrower or any of its Material the Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company the Borrower or any of its Material the Subsidiaries, and any such event described in this clause (ii) shall continue for 60 sixty days unless without having been dismissed, bonded or discharged; or
Appears in 3 contracts
Samples: Senior Subordinated Bridge Loan Agreement (Source Interlink Companies Inc), Revolving Credit Agreement (Source Interlink Companies Inc), Term Loan Agreement (Source Interlink Companies Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of HoldingsParent, Company Borrower or any Material Subsidiary of its Material Subsidiaries Parent in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
(ii) an involuntary case shall be commenced against HoldingsParent, Company Borrower or any other Material Subsidiary of its Material Subsidiaries Parent under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over HoldingsParent, Company Borrower or any Material Subsidiary of its Material SubsidiariesParent, 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 HoldingsParent, Company Borrower or any Material Subsidiary of its Material Subsidiaries Parent for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of HoldingsParent, Company Borrower or any Material Subsidiary of its Material SubsidiariesParent, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; or
Appears in 3 contracts
Samples: Amendment Agreement (Brand Energy & Infrastructure Services, Inc), Credit Agreement (Brand Intermediate Holdings Inc), Credit Agreement (Brand Services)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, the Company or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
or (ii) an involuntary case shall be commenced against Holdings, the Company or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, the Company or any of 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 Company or any of its Material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, the Company or any of its Material Subsidiaries, and any such event described in this clause (ii) shall continue for 60 sixty (60) days unless dismissed, bonded or discharged; or
Appears in 3 contracts
Samples: Second Lien Credit Agreement (Transportation Technologies Industries Inc), Credit Agreement (Real Mex Restaurants, Inc.), Credit Agreement (Smartalk Teleservices Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, the Company or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
or (ii) an involuntary case shall be commenced against Holdings, the Company or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, administrator, examiner, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, the Company or any of 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, receiver, examiner, administrator, trustee or other custodian of Holdings, the Company or any of its Material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, the Company or any of its Material Subsidiaries, and any such event described in this the foregoing clause (i) or (ii) shall continue for 60 sixty (60) days unless without having been dismissed, bonded or discharged; or
Appears in 3 contracts
Samples: Financing Agreement (Biohaven Pharmaceutical Holding Co Ltd.), Financing Agreement (Biohaven Pharmaceutical Holding Co Ltd.), Financing Agreement (Biohaven Pharmaceutical Holding Co Ltd.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company Global Parent or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency insolvency, or similar law now or hereafter in effect, which decree or order is not stayed; , or any other similar relief shall be granted under any applicable federal or state law; or
, or (ii) an involuntary case shall be commenced against Holdings, Company Global Parent or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency insolvency, or similar law now or hereafter in effect; , or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian custodian, or other officer having similar powers over Holdings, Company Global Parent or any of 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 trustee, or other custodian of Holdings, Company Global Parent or any of its Material Subsidiaries for all or a substantial part of its property; , or a warrant of attachment, execution execution, or similar process shall have been issued against any substantial part of the property of Holdings, Company Global Parent or any of its Material Subsidiaries, and any such event described in this clause (ii) shall continue for 60 days unless without having been dismissed, bonded bonded, or discharged; , or
Appears in 3 contracts
Samples: Abl Credit Agreement (B. Riley Financial, Inc.), Abl Credit Agreement (Franchise Group, Inc.), Abl Credit Agreement (Franchise Group, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayedstayed within 60 days of the entry thereof; or any other similar relief shall be granted under any applicable federal or state law; or
or (ii) an involuntary case shall be commenced against Holdings, Company or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company or any of 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, Company or any of its Material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company or any of its Material Subsidiaries, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; or
Appears in 3 contracts
Samples: Credit Agreement (Express Scripts Inc), Credit Agreement (Express Scripts Inc), Senior Subordinated Credit Agreement (Express Scripts Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (ia) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of HoldingsParent, Company or any of its Material their respective Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
(iib) an involuntary case shall be commenced against HoldingsParent, Company or any of its Material their respective Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer Officer having similar powers over HoldingsParent, Company or any of its Material their respective 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 HoldingsParent, Company or any of its Material their respective Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of HoldingsParent, Company or any of its Material their respective Subsidiaries, and any such event described in this clause (iib) shall continue for 60 days unless dismissed, bonded or discharged; or
Appears in 3 contracts
Samples: Credit Agreement (U.S. Silica Holdings, Inc.), Credit Agreement (U.S. Silica Holdings, Inc.), Credit Agreement (U.S. Silica Holdings, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company a Borrower or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
or (ii) an involuntary case shall be commenced against Holdings, Company a Borrower or any of its Material Subsidiaries Subsidiaries, under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company a Borrower or any of 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, Company a Borrower or any of its Material Subsidiaries Subsidiaries, for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company a Borrower or any of its Material Subsidiaries, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; or
Appears in 3 contracts
Samples: Credit Agreement (Las Vegas Sands Inc), Credit Agreement (Las Vegas Sands Inc), Credit Agreement (Grand Canal Shops Mall Construction LLC)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company any Credit Party or any of its Material Restricted Subsidiaries (other than an Immaterial Subsidiary) in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
or (ii) an involuntary case shall be commenced against Holdings, Company any Credit Party or any of its Material Restricted Subsidiaries (other than an Immaterial Subsidiary) under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company any Credit Party or any of its Material SubsidiariesRestricted Subsidiaries (other than an 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 a receiver, trustee liquidator, sequestrator, trustee, custodian or other custodian officer of Holdings, Company any Credit Party or any of its Material Restricted Subsidiaries (other than an Immaterial Subsidiary) for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company any Credit Party or any of its Material SubsidiariesRestricted Subsidiaries (other than an Immaterial Subsidiary), and any such event described in this clause (ii) shall continue for 60 sixty (60) days unless without having been dismissed, bonded or discharged; or
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (Priority Technology Holdings, Inc.), Credit and Guaranty Agreement (Priority Technology Holdings, Inc.), Credit and Guaranty Agreement (Priority Technology Holdings, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A ----------------------------------------------------- court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company Holdings or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
or (ii) an involuntary case shall be commenced against Holdings, Company Holdings or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company Holdings or any of 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, Company Holdings or any of its Material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company Holdings or any of its Material Subsidiaries, and any such event described in this clause (ii) shall continue for 60 sixty (60) days unless without having been dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Focal Communications Corp), Credit and Guaranty Agreement (Focal Communications Corp)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company Parent or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency insolvency, or similar law now or hereafter in effect, which decree or order is not stayed; , or any other similar relief shall be granted under any applicable federal or state law; or
, or (ii) an involuntary case shall be commenced against Holdings, Company Parent or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency insolvency, or similar law now or hereafter in effect; , or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian custodian, or other officer having similar powers over Holdings, Company Parent by or any of 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 trustee, or other custodian of Holdings, Company Parent or any of its Material Subsidiaries for all or a substantial part of its property; , or a warrant of attachment, execution execution, or similar process shall have been issued against any substantial part of the property of Holdings, Company Parent or any of its Material Subsidiaries, and any such event described in this clause (ii) shall continue for 60 days unless without having been dismissed, bonded bonded, or discharged; , or
Appears in 2 contracts
Samples: Credit Agreement (Liberty Tax, Inc.), Credit Agreement (Liberty Tax, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company the Borrower or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
or (ii) an involuntary case shall be commenced against Holdings, Company the Borrower or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company the Borrower or any of its Material Subsidiaries, or over all or a substantial part of its their respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, Company the Borrower or any of its Material Subsidiaries for all or a substantial part of its their respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company the Borrower or any of its Material Subsidiaries, and any such event described in this clause (ii) shall continue for 60 sixty (60) days unless dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Credit Agreement (Assurant Inc), Credit Agreement (Assurant Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (ia) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company Borrower or any of its Material Subsidiaries Guarantors in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
or (iib) an involuntary case shall be commenced against Holdings, Company Borrower or any of its Material Subsidiaries Guarantors under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company Borrower or any of its Material SubsidiariesGuarantors, 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, Company Borrower or any of its Material Subsidiaries Guarantors for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company Borrower or any of its Material SubsidiariesGuarantors, and any such event described in this clause (iib) shall continue for 60 sixty days unless without having been dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Loan and Guaranty Agreement, Loan and Guaranty Agreement (BrightSource Energy Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company or any of its Material Significant Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
(ii) an involuntary case shall be commenced against Holdings, Company or any of its Material Significant Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company or any of 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, Company or any of its Material Significant Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company or any of its Material Significant Subsidiaries, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Credit Agreement (Korn Ferry International), Credit Agreement (Korn Ferry International)
Involuntary Bankruptcy; Appointment of Receiver, Etc. An involuntary case shall be commenced against the Company or any of the Company’s Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within forty-five (i45) A days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, the Company or any of its Material the Company’s Subsidiaries in an involuntary case under the Bankruptcy Code or case, under any other applicable bankruptcy, insolvency or other similar law now or hereafter hereinafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal federal, state, local or state foreign law; or
(ii) an involuntary case shall be commenced against Holdings, Company or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a . A decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, the Company or any of its Material Subsidiaries, the Company’s Subsidiaries or over all or a substantial part of its property, the property of the Company or any of the Company’s Subsidiaries shall have been be entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Company or any of its Material the Company’s Subsidiaries for or of all or a substantial part of its property; the property of the Company or any of the Company’s Subsidiaries shall be appointed or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, the Company or any of its Material Subsidiaries, the Company’s Subsidiaries shall be issued and any such event described in this clause (ii) shall continue for 60 days unless not be stayed, dismissed, bonded or discharged; ordischarged within forty-five (45) days after entry, appointment or issuance.
Appears in 2 contracts
Samples: Credit Agreement (Chicago Bridge & Iron Co N V), Term Loan Agreement (Chicago Bridge & Iron Co N V)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, DHC or Company or any of its Material Subsidiaries (other than the Bankrupt Subsidiaries) in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
(ii) an involuntary case shall be commenced against Holdings, DHC or Company or any of its Material Subsidiaries (other than the Bankrupt Subsidiaries) under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, DHC or Company or any of its Material Subsidiaries (other than the Bankrupt 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, DHC or Company or any of its Material Subsidiaries (other than the Bankrupt Subsidiaries) for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, DHC or Company or any of its Material Subsidiaries (other than the Bankrupt Subsidiaries), and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Credit Agreement (Danielson Holding Corp), Credit Agreement (Covanta Energy Corp)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
or (ii) an involuntary case shall be commenced against Holdings, Company or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company or any of 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, Company or any of its Material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company or any of its Material Subsidiaries, and any such event described in this clause (ii) shall continue for 60 forty-five (45) days unless without having been dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Speed Commerce, Inc.), Credit and Guaranty Agreement (Speed Commerce, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company Parent or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
or (ii) an involuntary case shall be commenced against Holdings, Company Parent or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company Parent or any of its Material Subsidiaries, 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 or other custodian of Holdings, Company Parent or any of its Material Subsidiaries for all or a substantial part substantially all of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company Parent or any of its Material Subsidiaries, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Credit Agreement (CFP Holdings Inc), Credit Agreement (CFP Holdings Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state lawApplicable Law; or
(ii) an involuntary case shall be commenced against Holdings, Company or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company or any of 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, Company or any of its Material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company or any of its Material Subsidiaries, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Credit Agreement (Propex International Holdings II Inc.), Credit Agreement (Propex Fabrics Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company or any of its Material Significant Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
or (ii) an involuntary case shall be commenced against Holdings, Company or any of its Material Significant Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company or any of its Material Significant 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, Company or any of its Material Significant Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company or any of its Material Significant Subsidiaries, and any such event described in this clause (ii) shall continue for 60 ninety days unless without having been dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (SolarWinds, Inc.), Credit and Guaranty Agreement (SolarWinds, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of HoldingsParent, Company Borrower or any of its Material Subsidiaries Subsidiary in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
or (ii) an involuntary case shall be commenced against HoldingsParent, Company Borrower or any of its Material Subsidiaries Subsidiary under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over HoldingsParent, Company Borrower or any of its Material SubsidiariesSubsidiary, 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 HoldingsParent, Company Borrower or any of its Material their respective Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of HoldingsParent, Company Borrower or any of its Material SubsidiariesSubsidiary, and any such event described in this clause (ii) shall continue for 60 sixty (60) days unless without having been dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Amended and Restated Senior Secured Term Loan Facility Agreement (Ocwen Financial Corp), Senior Secured Term Loan Facility Agreement (Ocwen Financial Corp)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (ia) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of HoldingsParent, Company or any of its Material their respective Restricted Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
(iib) an involuntary case shall be commenced against HoldingsParent, Company or any of its Material their respective Restricted Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer Officer having similar powers over HoldingsParent, Company or any of its Material their respective Restricted 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 HoldingsParent, Company or any of its Material their respective Restricted Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of HoldingsParent, Company or any of its Material their respective Restricted Subsidiaries, and any such event described in this clause (iib) shall continue for 60 days unless dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Credit Agreement (U.S. Silica Holdings, Inc.), Credit Agreement (U.S. Silica Holdings, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company a Borrower or any of its Material Restricted Subsidiaries or either Phase II Mall Borrower in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
or (ii) an involuntary case shall be commenced against Holdings, Company a Borrower or any of its Material Restricted Subsidiaries or either Phase II Mall Borrower, under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company a Borrower or any of its Material SubsidiariesRestricted Subsidiaries or either Phase II Mall Borrower, 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, Company a Borrower or any of its Material Restricted Subsidiaries or either Phase II Mall Borrower, for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company a Borrower or any of its Material SubsidiariesRestricted Subsidiaries or either Phase II Mall Borrower, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Ff&e Facility Credit Agreement (Las Vegas Sands Corp), Credit Agreement (Las Vegas Sands Corp)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company Borrower or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
(ii) an involuntary case shall be commenced against Holdings, Company Borrower or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company Borrower or any of 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, Company Borrower or any of its Material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company Borrower or any of its Material Subsidiaries, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Credit Agreement (Thoratec Corp), Credit Agreement (Prime Hospitality Corp)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of HoldingsParent, Company NMG or any of its Material Subsidiaries Credit Party in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
or (ii) an involuntary case shall be commenced against HoldingsParent, Company NMG or any of its Material Subsidiaries Credit Party under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over HoldingsParent, Company NMG or any of its Material Subsidiariessuch Credit Party, 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 HoldingsParent, Company NMG or any of its Material Subsidiaries such Credit Party for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of HoldingsParent, Company NMG or any of its Material Subsidiariessuch Credit Party, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Credit Agreement (Northland Cable Properties Six LTD Partnership), Credit Agreement (Northland Cable Properties Six LTD Partnership)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company Holding or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
or (ii) an involuntary case shall be commenced against Holdings, Company Holding or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company Holding or any of 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, Company Holding or any of its Material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company Holding or any of its Material Subsidiaries, and any such event described in this clause (ii) shall continue for 60 sixty (60) days unless without having been dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Houghton Mifflin Co), Credit and Guaranty Agreement (Hm Publishing Corp)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company the Borrower or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
or (ii) an involuntary case shall be commenced against Holdings, Company the Borrower or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company the Borrower or any of its Material Subsidiaries, or over all or a substantial part of its property, shall have been entered; or (iii) there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, Company the Borrower or any of its Material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company the Borrower or any of its Material Subsidiaries, and any such event described in this clause (ii) or (iii) shall continue for 60 days unless dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Credit Agreement (Pantry Inc), Credit Agreement (Pantry Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (ia) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company Borrower or any of its Material Subsidiaries Significant Subsidiary in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency insolvency, or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state lawLegal Requirement; or
(iib) an An involuntary case shall be commenced against Holdings, Company Borrower or any of its Material Subsidiaries Significant Subsidiary under the Bankruptcy Code or under any other applicable bankruptcy, insolvency insolvency, or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian custodian, or other officer having similar powers over Holdings, Company Borrower or any of its Material SubsidiariesSignificant 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, Company Borrower or any of its Material Subsidiaries Significant Subsidiary for all or a substantial part of its property; or a warrant of attachment, execution execution, or similar process shall have been issued against any substantial part of the property of Holdings, Company Borrower or any of its Material SubsidiariesSignificant Subsidiary, and any such event described in this clause CLAUSE (iib) shall continue for 60 sixty (60) days unless dismissed, bonded bonded, or discharged; or
Appears in 2 contracts
Samples: Credit Agreement (Trammell Crow Co), Credit Agreement (Trammell Crow Co)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company the Borrower or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
or (ii) an involuntary case shall be commenced against Holdings, Company the Borrower or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company the Borrower or any of its Material Subsidiaries, or over all or a substantial part of its their respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, Company the Borrower or any of its Material Subsidiaries for all or a substantial part of its their respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company the Borrower or any of its Material Subsidiaries, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Credit Agreement (Assurant Inc), Credit Agreement (Assurant Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of Holdingsthe Parent, Company any Credit Party or any of its Material Subsidiaries Subsidiary in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
or (ii) an involuntary case shall be commenced against Holdingsthe Parent, Company any Credit Party or any of its Material Subsidiaries Subsidiary under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdingsthe Parent, Company any Credit Party or any of its Material SubsidiariesSubsidiary, or over all or a substantial part of its their respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Holdingsthe Parent, Company any Credit Party or any of its Material Subsidiaries Subsidiary for all or a substantial part of its their respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdingsthe Parent, Company any Credit Party or any of its Material SubsidiariesSubsidiary, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Credit Agreement (Assurant Inc), Term Loan Agreement (Assurant Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
or (ii) an involuntary case shall be commenced against Holdings, Company or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company or any of 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, Company or any of its Material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company or any of its Material Subsidiaries, and any such event described in this clause (ii) shall continue for 60 sixty (60) days unless without having been dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Senior Secured Note Purchase Agreement (Golden Arrow Merger Corp.), Credit and Guaranty Agreement (Equinix Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i1) A An involuntary case shall be commenced against the Company or any of the Company’s Material Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, the Company or any of its the Company’s Material Subsidiaries in an involuntary case under the Bankruptcy Code or case, under any other applicable bankruptcy, insolvency or other similar law now or hereafter hereinafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal federal, state, local or state foreign law; or;
(ii2) an involuntary case shall be commenced against Holdings, Company or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a A decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, the Company or any of its the Company’s Material Subsidiaries, Subsidiaries or over all or a substantial part of its property, the property of the Company or any of the Company’s Material Subsidiaries shall have been be entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Company or any of its the Company’s Material Subsidiaries for or of all or a substantial part of its property; the property of the Company or any of the Company’s Material Subsidiaries shall be appointed or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, the Company or any of its the Company’s Material Subsidiaries, Subsidiaries shall be issued and any such event described in this clause (ii) shall continue for 60 days unless not be stayed, dismissed, bonded or discharged; ordischarged within sixty (60) days after entry, appointment or issuance;
Appears in 2 contracts
Samples: Credit Agreement (EDGEWELL PERSONAL CARE Co), Credit Agreement (EDGEWELL PERSONAL CARE Co)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (ia) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company Borrower or any of its Material Subsidiaries Significant Subsidiary in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency insolvency, or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state lawLegal Requirement; or
(iib) an An involuntary case shall be commenced against Holdings, Company Borrower or any of its Material Subsidiaries Significant Subsidiary under the Bankruptcy Code or under any other applicable bankruptcy, insolvency insolvency, or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian custodian, or other officer having similar powers over Holdings, Company Borrower or any of its Material SubsidiariesSignificant 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, Company Borrower or any of its Material Subsidiaries Significant Subsidiary for all or a substantial part of its property; or a warrant of attachment, execution execution, or similar process shall have been issued against any substantial part of the property of Holdings, Company Borrower or any of its Material SubsidiariesSignificant Subsidiary, and any such event described in this clause (iib) shall continue for 60 sixty (60) days unless dismissed, bonded bonded, or discharged; or
Appears in 2 contracts
Samples: Credit Agreement (Trammell Crow Co), Credit Agreement (Trammell Crow Co)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company the Borrower or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
(ii) an involuntary case shall be commenced against Holdings, Company the Borrower or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over Holdings, Company the Borrower or any of 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, Company the Borrower or any of its Material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company the Borrower or any of its Material Subsidiaries, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Credit Agreement (Jones Financial Companies LLLP), Credit Agreement (Jones Financial Companies LLLP)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company any Credit Party or any of its Material Subsidiaries Restricted Subsidiary (other than a Restricted Holding Company Subsidiary) in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect, effect (including pursuant to which Canada Borrower has been declared bankrupt or insolvent under Canadian Insolvency Legislation) which decree or order for relief is not immediately stayed; or any other similar relief shall be granted under any applicable federal federal, state or state lawprovincial Governmental Rule, and such relief is not immediately stayed; or
or (ii) an involuntary case shall be commenced against Holdings, Company any Credit Party or any of its Material Subsidiaries under the Bankruptcy Code or such Restricted Subsidiary under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, receiver-manager, administrator, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company such Credit Party or any of its Material Subsidiariessuch Restricted 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, receiver-manager, administrator, trustee or other custodian of Holdings, Company any Credit Party or any of its Material Subsidiaries such Restricted Subsidiary for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company any Credit Party or any of its Material Subsidiariessuch Restricted Subsidiary, and any such event described in this clause (ii) shall continue for 60 sixty (60) days unless without having been dismissed, bonded or dischargeddischarged (provided, that in either (i) or (ii) above, no Default or Event of Default shall occur hereunder, in the case of any such Restricted Subsidiary unless such event could reasonably be expected to have a Material Adverse Effect); or
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Pattern Energy Group Inc.), Credit and Guaranty Agreement (Pattern Energy Group Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; decree, or any other similar relief shall be granted under any applicable federal or state law, order or similar relief described in this clause (i) is not stayed; or
or (ii) an involuntary case shall be commenced against Holdings, Company or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company or any of its Material Subsidiaries, Subsidiaries or over all or a substantial part of its propertytheir respective properties, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, Company or any of its Material Subsidiaries for all or a substantial part of its propertytheir respective properties; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company or any of its Material Subsidiaries, Subsidiaries and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; PROVIDED, that with respect to Subsidiaries of Company (other than Material Subsidiaries) the foregoing shall constitute an Event of Default only if such occurrence would have a Material Adverse Effect; or
Appears in 2 contracts
Samples: Credit Agreement (Dole Food Company Inc), Credit Agreement (Dole Food Company Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company Borrower or any of its Material Restricted Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
or (ii) an involuntary case shall be commenced against Holdings, Company Borrower or any of its Material Restricted Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company Borrower or any of its Material Restricted 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, Company Borrower or any of its Material Restricted Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company Borrower or any of its Material Restricted Subsidiaries, and any such event described in this clause (iif) shall continue for 60 sixty days unless without having been dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Digitalglobe, Inc.), Credit and Guaranty Agreement (Digitalglobe Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Holdings Company or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
(ii) an involuntary case shall be commenced against Holdings, Company or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company or any of 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, Company or any of its Material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company or any of its Material Subsidiaries, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; provided that each of Holdings and Company (for itself and its Subsidiaries) hereby expressly authorizes Administrative Agent and Lenders to appear in any court conducting any relevant case or proceeding during such 60-day period to preserve, protect and defend their rights under the Loan Documents; or
Appears in 2 contracts
Samples: Credit Agreement (Bare Escentuals Inc), Term Loan Agreement (Bare Escentuals Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company any Borrower or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
or (ii) an involuntary case shall be commenced against Holdings, Company any Borrower or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company any Borrower or any of 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, Company any Borrower or any of its Material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company any Borrower or any of its Material Subsidiaries, Subsidiaries and any such event described in this clause (ii) shall continue for 60 sixty (60) days unless without having been dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Tumi Holdings, Inc.), Credit and Guaranty Agreement (Tumi Holdings, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
or (ii) an involuntary case shall be commenced against Holdings, Company or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company or any of 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, Company or any of its Material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company or any of its Material Subsidiaries, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Credit Agreement (Digitas Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company Parent or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
(ii) an involuntary case shall be commenced against Holdings, Company Parent or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company Parent or any of 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, Company Parent or any of its Material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company Parent or any of its Material Subsidiaries, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
(ii) an involuntary case shall be commenced against Holdings, Company or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company or any of its Material 108 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, Company or any of its Material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company or any of its Material Subsidiaries, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; provided that Company (for itself and its Subsidiaries) hereby expressly authorizes Administrative Agent and Lenders to appear in any court conducting any relevant case or proceeding during such 60-day period to preserve, protect and defend their rights under the Loan Documents; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company or any of its Material Restricted Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
or (ii) an involuntary case shall be commenced against Holdings, Company or any of its Material Restricted Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company or any of its Material Restricted 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, Company or any of its Material Restricted Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company or any of its Material Restricted Subsidiaries, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Credit Agreement (Pantry Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company the Borrowers or any of its their Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayedstayed within 60 days; or any other similar relief shall be granted under any applicable federal or state law; or
or (ii) an involuntary case shall be commenced against Holdings, Company the Borrowers or any of its their Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company the Borrowers or any of its their 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, Company the Borrowers or any of its their Material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company the Borrowers or any of its their Material Subsidiaries, and any such event described in this clause (ii) shall continue for 60 sixty (60) days unless without having been stayed, dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having ----------------------------------------------------- of competent jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company or any of its Material Restricted Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
or (ii) an involuntary case shall be commenced against Holdings, Company or any of its Material Restricted Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company or any of its Material Restricted 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, Company or any of its Material Restricted Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company or any of its Material Restricted Subsidiaries, and any such event described in this clause (ii) shall continue for 60 sixty (60) days unless without having been dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. Either (i) A a court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, the Company or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
or (ii) an involuntary case shall be commenced against Holdings, the Company or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, the Company or any of 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 Company or any of its Material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, the Company or any of its Material Subsidiaries, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; or.
Appears in 1 contract
Samples: Merger Agreement (Usa Broadband Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
or (ii) an involuntary case shall be commenced against Holdings, Company or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company or any of 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, Company or any of its Material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company or any of its Material Subsidiaries, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Credit Agreement (Autotote Corp)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company or any of its Material Subsidiaries (other than an Inactive Subsidiary whose financial condition does not adversely affect any other Loan Party) in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
or (ii) an involuntary case shall be commenced against Holdings, Company or any of its Material Subsidiaries (other than an Inactive Subsidiary) under the Bankruptcy Code or under any 171 other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company or any of its Material SubsidiariesSubsidiaries ( other than an Inactive 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, Company or any of its Material Subsidiaries (other than an Inactive Subsidiary) for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company or any of its Material SubsidiariesSubsidiaries (other than an Inactive Subsidiary), and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
(ii) an involuntary case shall be commenced against Holdings, Company or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises jurisdiction, for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company or any of 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, Company or any of its Material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company or any of its Material Subsidiaries, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company Holdings or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
or (ii) an involuntary case shall be commenced against Holdings, Company Holdings or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company Holdings or any of its Material Subsidiaries, or over all or a substantial part of its any of their respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, Company Holdings or any of its Material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company Holdings or any of its Material Subsidiaries, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Credit Agreement (Wec Co)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company any Credit Party or any of its Material their respective material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
or (ii) an involuntary case shall be commenced against Holdings, Company any Credit Party or any of its Material their respective material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company any Credit Party or any of its Material their respective 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, Company any Credit Party or any of its Material their respective material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company any Credit Party or any of its Material their respective material Subsidiaries, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged, it being understood that `material Subsidiary' under subsections 7.6, 7.7 and 7.9 shall include SFHI and its successors, and from and after the Pioneer Plan Effective Date, shall include Pioneer Finance and Pioneer Hotel and their respective successors; or"
C. The Note Purchase Agreement is hereby amended by (i) deleting the parenthetical "(or, if the Permitted Equity Financing has occurred and Company has issued equity securities in connection therewith, Sahara Resorts shall cease to own not less than 51% of the common stock of Company)" from the first paragraph of subsection 7.14; (ii) deleting the phrase "or such other Holders specified in the Intercreditor Agreement" from the second and third paragraphs of subsection 7.14; and (iii) replacing the reference to "Tranche B Notes" in the last sentence of the second paragraph of subsection 7.14 with the word "Notes".
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company any Credit Party or any of its Material their respective Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
or (ii) an involuntary case shall be commenced against Holdings, Company any Credit Party or any of its Material their respective Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company any Credit Party or any of its Material their respective 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, Company any Credit Party or any of its Material their respective Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company any Credit Party or any of its Material their respective Subsidiaries, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; provided, however, that any such actions described in this subsection 8.6 relating solely to any Subsidiaries of Company which are not Credit Parties shall not constitute an Event of Default under this subsection 8.6 unless such actions (either individually or in the aggregate) would have a Material Adverse Effect; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company Borrower or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
or (ii) an involuntary case shall be commenced against Holdings, Company Borrower or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company Borrower or any of 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, Company Borrowers or any of its Material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company Borrower or any of its Material Subsidiaries, and any such event described in this the foregoing clause (i) or (ii) shall continue for 60 sixty days unless without having been dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
or (ii) an involuntary case shall be commenced against Holdings, Company or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the 108 117 appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company or any of 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, Company or any of its Material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company or any of its Material Subsidiaries, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company the Borrower or any of its Material Subsidiaries Significant Subsidiary in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
or (ii) an involuntary case shall be commenced against Holdings, Company the Borrower or any of its Material Subsidiaries Significant Subsidiary under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, examiner, custodian or other officer having similar powers over Holdings, Company the Borrower or any of its Material SubsidiariesSignificant Subsidiary, or over all or a substantial part of its their respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee trustee, examiner or other custodian of Holdings, Company the Borrower or any of its Material Subsidiaries Significant Subsidiary for all or a substantial part of its their respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company the Borrower or any of its Material SubsidiariesSignificant Subsidiary, and any such event described in this clause (ii) shall continue for 60 sixty (60) days unless dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Credit Agreement (Hospira Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company Borrowers or any of its Material their Restricted Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
(ii) an involuntary case shall be commenced against Holdings, Company Borrowers or any of its Material their Restricted Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company Borrowers or any of its Material their Restricted 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, Company Borrowers or any of its Material their Restricted Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company Borrowers or any of its Material their Restricted Subsidiaries, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company any Loan Party or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency insolvency, or similar law now or hereafter in effect, which decree or order is not stayed; , or any other similar relief shall be granted under any applicable federal or state law; or
, or (ii) an involuntary case shall be commenced against Holdings, Company any Loan Party or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency insolvency, or similar law now or hereafter in effect; , or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian custodian, or other officer having similar powers over Holdings, Company any Loan Party or any of 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 trustee, or other custodian of Holdings, Company any Loan Party or any of its Material Subsidiaries for all or a substantial part of its property; , or a warrant of attachment, execution execution, or similar process shall have been issued against any substantial part of the property of Holdings, Company any Loan Party or any of its Material Subsidiaries, and any such event described in this clause (ii) shall continue for 60 days unless without having been dismissed, bonded bonded, or discharged; , or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company or any of its Material Significant Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
or (ii) an involuntary case shall be commenced against Holdings, Company or any of its Material Significant Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company or any of its Material Significant Subsidiaries, or over all or a substantial part of its property, shall have been -100- 108 entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, Company or any of its Material Significant Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company or any of its Material Significant Subsidiaries, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Credit Agreement (Zilog Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company any Borrower or any of its Material respective Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
or (ii) an involuntary case shall be commenced against Holdings, Company any Borrower or any of its Material respective Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company any Borrower or any of its Material respective 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, Company any Borrower or any of its Material respective Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company any Borrower or any of its Material respective Subsidiaries, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of HoldingsBHR, Company Borrowers or any of its Material their Subsidiaries in an involuntary 106 114 case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, Insolvency Laws which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state lawInsolvency Laws; or
(ii) an involuntary case shall be commenced against HoldingsBHR, Company Borrowers or any of its Material their Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectInsolvency Laws; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over HoldingsBHR, Company Borrowers or any of its Material their Subsidiaries, or over all or a substantial part of its their property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of HoldingsBHR, Company Borrowers or any of its Material their Subsidiaries for all or a substantial part of its their property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of HoldingsBHR, Company Borrowers or any of its Material their Subsidiaries, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
or (ii) an involuntary case shall be commenced against Holdingsagainst, Company or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company or any of 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, Company or any of its Material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company or any of its Material Subsidiaries, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company the Borrower or any Subsidiary of its Material Subsidiaries the Borrower in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
(ii) an involuntary case shall be commenced against Holdings, Company the Borrower or any Subsidiary of its Material Subsidiaries the Borrower under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over Holdings, Company the Borrower or any Subsidiary of its Material Subsidiariesthe Borrower, 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, Company the Borrower or any Subsidiary of its Material Subsidiaries the Borrower for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company the Borrower or any Subsidiaries of its Material Subsidiariesthe Borrower, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Credit Agreement (Mosaic Co)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Holdings Company or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
(ii) an involuntary case shall be commenced against Holdings, Company or any of its Material their Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company or any of 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, Company or any of its Material their Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company or any of its Material Subsidiaries, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; provided that each of Holdings and Company (for itself and its Subsidiaries) hereby expressly authorizes Administrative Agent and Lenders to appear in any court conducting any relevant case or proceeding during such 60-day period to preserve, protect and defend their rights under the Loan Documents; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company Holdings or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency insolvency, or similar law now or hereafter in effect, which decree or order is not stayed; , or any other similar relief shall be granted under any applicable federal or state law; or
, or (ii) an involuntary case shall be commenced against Holdings, Company Holdings or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency insolvency, or similar law now or hereafter in effect; , or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian custodian, or other officer having similar powers over Holdings, Company Holdings by or any of 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 trustee, or other custodian of Holdings, Company Holdings or any of its Material Subsidiaries for all or a substantial part of its property; , or a warrant of attachment, execution execution, or similar process shall have been issued against any substantial part of the property of Holdings, Company Holdings or any of its Material Subsidiaries, and any such event described in this clause (ii) shall continue for 60 days unless without having been dismissed, bonded bonded, or discharged; , or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law 114 now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal federal, state or state foreign law; or
or (ii) an involuntary case shall be commenced against Holdings, Company or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency insolvency, dissolution, liquidation or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company or any of 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, Company or any of its Material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company or any of its Material Subsidiaries, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company the Parent or any of its Material Subsidiaries Loan Party in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effecteffect in any applicable jurisdiction, domestic or foreign, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
or (ii) an involuntary case shall be commenced against Holdings, Company the Parent or any of its Material Subsidiaries Loan Party under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; effect in any applicable jurisdiction, domestic or foreign, or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian custodian, conservator or other officer having similar powers over Holdings, Company the Parent or any of its Material SubsidiariesLoan Party, 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, Company the Parent or any of its Material Subsidiaries Loan Party, for all or a substantial part of its property; or a warrant of attachment, distraint, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company the Parent or any of its Material SubsidiariesLoan Party, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company or any of its Material Restricted Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
or (ii) an involuntary case shall be commenced against Holdings, Company or any of its Material Restricted Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company or any of its Material Restricted 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, Company or any of its Material Restricted Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company or any of its Material Restricted Subsidiaries, and any such event described in this clause (ii) shall continue for 60 sixty (60) days unless without having been dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company Holdings or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
or (ii) an involuntary case shall be commenced against Holdings, Company Holdings or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company Holdings or any of 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 EXECUTION 115 receiver, trustee or other custodian of Holdings, Company Holdings or any of its Material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company Holdings or any of its Material Subsidiaries, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (iA) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company Company, any Domestic Borrower or any of its their respective Material Subsidiaries or any Offshore Borrower in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effecteffect 128 (whether in the USA, the UK, Australia, Italy or any other jurisdiction), which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
or (iiB) an involuntary case shall be is commenced against Holdings, Company Company, any Domestic Borrower or any of its their respective Material Subsidiaries under the Bankruptcy Code or any Offshore Borrower under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effecteffect (whether in the USA, the UK, Australia, Italy or any other jurisdiction); or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian custodian, administrator, administrative receiver or other officer having similar powers over Holdings, Company Company, any Domestic Borrower or any of its their respective Material SubsidiariesSubsidiaries or any Offshore Borrower, 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, administrator, administrative receiver or other custodian of Holdings, Company Company, any Domestic Borrower or any of its 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, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company Company, any Domestic Borrower or any of its their respective Material SubsidiariesSubsidiaries or any Offshore Borrower, and the continuance of any such event described events in this clause subpart (iiB) shall continue for 60 days unless dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A ----------------------------------------------------- court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
or (ii) an involuntary case shall be commenced against Holdings, Company or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company or any of 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, Company or any of its Material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company or any of its Material Subsidiaries, and any such event described in this clause (ii) shall continue for 60 sixty (60) days unless without having been dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Ipc Acquisition Corp)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company a Borrower or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable applica ble federal or state law; or
or (ii) an involuntary case shall be commenced against Holdings, Company a Borrower or any of its Material Subsidiaries Subsidiaries, under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company a Borrower or any of 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, Company a Borrower or any of its Material Subsidiaries Subsidiaries, for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company a Borrower or any of its Material Subsidiaries, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Credit Agreement (Grand Canal Shops Mall Construction LLC)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (ia) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company Borrower or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
or (iib) an involuntary case shall be commenced against Holdings, Company Borrower or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian custodian, or other officer having similar powers over Holdings, Company Borrower or any of 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 trustee, or other custodian of Holdings, Company Borrower or any of its Material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution execution, or similar process shall have been issued against any substantial part of the property of Holdings, Company Borrower or any of its Material Subsidiaries, and any such event described in this clause CLAUSE (iib) shall continue for 60 days unless dismissed, bonded bonded, or discharged; or
Appears in 1 contract
Samples: Term Loan and Security Agreement (American Real Estate Partners L P)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, the Parent or the Company or any of its Material their respective Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
or (ii) an involuntary case shall be commenced against Holdings, the Parent or the Company or any of its Material their respective Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, the Parent or the Company or any of its Material their respective 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 Parent or the Company or any of its Material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, the Parent or the Company or any of its Material their respective Subsidiaries, and any such event described in this clause 121
(ii) shall continue for 60 sixty (60) days unless dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company Parent Entity or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
or (ii) an involuntary case shall be commenced against Holdings, Company Parent Entity or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company Parent Entity or any of 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, Company Parent Entity or any of its Material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company Parent Entity or any of its Material Subsidiaries, and any such event described in this clause (ii) shall continue for 60 days unless without having been dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Aurora Diagnostics Holdings LLC)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company or any other Subsidiary of its Material Subsidiaries Holdings in an involuntary case under the Bankruptcy Code, Swiss Bankruptcy Code or under any 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 foreign, federal or state law; or
(ii) an involuntary case shall be commenced against Holdings, Company or any other Subsidiary of its Material Subsidiaries Holdings under the Bankruptcy Code, Swiss Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law (whether in the USA, Switzerland or any other jurisdiction) now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company or any other Subsidiary of its Material SubsidiariesHoldings, 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, Company or any other Subsidiary of its Material Subsidiaries Holdings for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company or any other Subsidiary of its Material SubsidiariesHoldings, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company Borrower or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar Similar relief shall be granted under any applicable federal or state law; or
or (ii) an ii)an involuntary case shall be commenced against Holdings, Company Borrower or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company Borrower or any of 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, Company Borrower or any of its Material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company Borrower or any of its Material Subsidiaries, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of HoldingsHolding, Company or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
or (ii) an involuntary case shall be commenced against HoldingsHolding, Company or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over HoldingsHolding, Company or any of 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 HoldingsHolding, Company or any of its Material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of HoldingsHolding, Company or any of its Material Subsidiaries, and any such event described in this clause (ii) shall continue for 60 sixty days unless without having been dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (ia) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of any Holdings, Company or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
(iib) an involuntary case shall be commenced against Holdings, Company or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer Officer having similar powers over Holdings, Company or any of 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, Company or any of its Material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company or any of its Material Subsidiaries, and any such event described in this clause (iib) shall continue for 60 days unless dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Credit Agreement (Grande Communications Holdings, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company Parent Guarantor or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
or (ii) an involuntary case shall be commenced against Holdings, Company Parent Guarantor or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over Holdings, Company Parent Guarantor or any of its Material Subsidiaries, 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, Company Parent Guarantor or any of its Material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company Parent Guarantor or any of its Material Subsidiaries, Subsidiaries and any such event described in this clause (ii) shall continue for 60 days unless without having been dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of HoldingsParent, Company or any of its Material Company's Subsidiaries (other than an Inactive Subsidiary) in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
or (ii) an involuntary case shall be commenced against HoldingsParent, Company or any of its Material Company's Subsidiaries (other than an Inactive Subsidiary) under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian 115 or other officer having similar powers over HoldingsParent, Company or any of its Material SubsidiariesCompany's Subsidiaries (other than an Inactive 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 HoldingsParent, Company or any of its Material Company's Subsidiaries (other than an Inactive Subsidiary) for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company or any of its Material SubsidiariesSubsidiaries (other than an Inactive Subsidiary), and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Holdings or Company or any of its Material their respective Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
or (ii) an involuntary case shall be commenced against Holdings, Holdings or Company or any of its Material their respective Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Holdings or Company or any of its Material their respective 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, Company or any of its Material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Holdings or Company or any of its Material their respective Subsidiaries, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Credit Agreement (DMW Worldwide Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
(ii) an involuntary case shall be commenced against Holdings, Company or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company or any of 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, Company or any of its Material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company or any of its Material Subsidiaries, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company the Borrower or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
or (ii) an involuntary case shall be commenced against Holdings, Company the Borrower or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company the Borrower or any of 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, Company the Borrower or any of its Material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company the Borrower or any of its Material Subsidiaries, and any such event described in this clause (ii) shall continue for 60 sixty days unless without having been dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of HoldingsLVSI, Company Venetian, Borrower or any of its Material their Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
or (ii) an involuntary case shall be commenced against HoldingsLVSI, Company Venetian, Borrower or any of its Material Subsidiaries their Subsidiaries, under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over HoldingsLVSI, Company Venetian, Borrower or any of its Material their 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 HoldingsLVSI, Company Venetian, Borrower or any of its Material Subsidiaries their Subsidiaries, for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of HoldingsLVSI, Company Venetian Borrower or any of its Material their Subsidiaries, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having jurisdiction in the premises shall enter a decree or an order for relief in respect of Holdings, Holdings or Company or any of its their Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
or (ii) an involuntary case shall be commenced against Holdings, Holdings or Company or any of its their Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or an order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Holdings or Company or any of its their 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, Holdings or Company or any of its their Material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Holdings or Company or any of its their Material Subsidiaries, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Credit Agreement (Price Communications Wireless Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company or any of its Material Restricted Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
or (ii) an involuntary case shall be commenced against Holdings, Company or any of its Material Restricted Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company or any of its Material Restricted 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, Company or any of its Material Restricted Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process 124 shall have been issued against any substantial part of the property of Holdings, Company or any of its Material Restricted Subsidiaries, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Credit Agreement (Sandhills Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company Borrower or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
(ii) an involuntary case shall be commenced against Holdings, Company Borrower or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over Holdings, Company Borrower or any of 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, Company Borrower or any of its Material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company Borrower or any of its Material Subsidiaries, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company or any of its Material Subsidiaries (other than an Inactive Subsidiary whose financial condition does not adversely affect any other Loan Party) in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
or (ii) an involuntary case shall be commenced against Holdings, Company or any of its Material Subsidiaries (other than an Inactive Subsidiary) under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Company or any of its Material SubsidiariesSubsidiaries (other than an Inactive 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, Company or any of its Material Subsidiaries (other than an Inactive Subsidiary) for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company or any of its Material SubsidiariesSubsidiaries (other than an Inactive Subsidiary), and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (ia) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, Company or any of its Material their respective Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or
(iib) an involuntary case shall be commenced against Holdings, Company or any of its Material their respective Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer Officer having similar powers over Holdings, Company or any of its Material their respective 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, Company or any of its Material their respective Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Company or any of its Material their respective Subsidiaries, and any such event described in this clause (iib) shall continue for 60 days unless dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Note Purchase Agreement (U.S. Silica Holdings, Inc.)
