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

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 Company or any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order shall remain unstayed for a period of 60 days; or any other similar relief shall be granted under any applicable federal or state law and shall remain unstayed for a period of 60 days; or (ii) an involuntary case shall be commenced against Company or any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over Company or any of its Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or any of its 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 Company or any of its Subsidiaries, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; or

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 Company the Borrowers or any of its their respective 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 shall remain unstayed for a period of 60 daysis not stayed; or any other similar relief shall be granted under any applicable federal or state law and shall remain unstayed for a period of 60 dayslaw; or or (ii) an involuntary case shall be commenced against Company the Borrowers or any of its their respective 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, conservator, custodian or other officer having similar powers over Company the Borrowers or any of their respective Subsidiaries other than its Immaterial Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company the Borrowers or any of their respective Subsidiaries other than its Immaterial 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 Company or any of its Subsidiaries, and any such event described in this clause (ii) shall continue for 60 consecutive days unless without having been dismissed, bonded or discharged; or

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 CEA or Company or any of its Subsidiaries (other than the Magellan 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 shall remain unstayed for a period of 60 daysis not stayed; or any other similar relief shall be granted under any applicable federal or state law and shall remain unstayed for a period of 60 dayslaw; or (ii) an involuntary case shall be commenced against CEA or Company or any of its Subsidiaries (other than the Magellan 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 CEA or Company or any of its SubsidiariesSubsidiaries (other than the Magellan 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 CEA or Company or any of its Subsidiaries (other than the Magellan 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 CEA or Company or any of its SubsidiariesSubsidiaries (other than the Magellan Subsidiary), and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; or

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 Company any Borrower or any of its Subsidiaries Material Subsidiary in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, Insolvency Laws which decree or order shall remain unstayed for a period of 60 daysis not stayed; or any other similar relief shall be granted under any applicable federal Insolvency Laws; or state law and shall remain unstayed for a period of 60 days; or (ii) an involuntary case shall be commenced against Company any Borrower or any of its Subsidiaries under the Bankruptcy Code or Material Subsidiary under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectInsolvency Laws; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over Company any Borrower or any of its SubsidiariesMaterial 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 Company any Borrower or any of its Subsidiaries Material 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 Company any Borrower or any of its SubsidiariesMaterial Subsidiary, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; or

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 Company Parent or any of its Subsidiaries Subsidiary in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectDebtor Relief Laws, which decree or order shall remain unstayed for a period of 60 daysis not stayed; or any other similar relief shall be granted under any applicable federal or state law and shall remain unstayed for a period of 60 dayslaw; or or (ii) an involuntary case shall be commenced against Company Parent or any of its Subsidiaries under the Bankruptcy Code or Subsidiary under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectDebtor Relief Laws; or a decree or order of a court having jurisdiction in the premises for the involuntary appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over Company Parent or any of its 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 liquidator, sequestrator, trustee, custodian or other custodian of Company officer having similar powers over Parent or any of its Subsidiaries for Subsidiary, or over all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any all or a substantial part of the property of Company Parent or any of its SubsidiariesSubsidiary, and any such event described in this clause (ii) shall continue for 60 45 days unless dismissed, bonded without having been dismissed or discharged; or;

Involuntary Bankruptcy; Appointment of Receiver, Etc. (ia) A An involuntary case shall be commenced against the REIT, Borrower or any Unconsolidated Affiliate (unless such occurrence with respect to such Unconsolidated Affiliate will not result in a Material Adverse Effect on Borrower) , and the petition shall not be dismissed within sixty (60) days after commencement of the case, or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of Company or any of its Subsidiaries such Person 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 shall remain unstayed for a period of 60 days; or any other similar relief shall be granted under any applicable federal federal, state or state law and shall remain unstayed for a period of 60 daysforeign law; or (iib) an involuntary case shall be commenced against Company or any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a 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 Company the REIT, Borrower or any of its SubsidiariesUnconsolidated Affiliate (unless such occurrence with respect to such Unconsolidated Affiliate will not result in a Material Adverse Effect on Borrower), or over all or a substantial part of its propertythe property of any such Person, shall have been be entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company any such Person or any of its Subsidiaries for all or a substantial part of its property; the property of any such Person, shall be appointed or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or any of its Subsidiariessuch Person, shall be issued and any such event described in this clause (ii) shall continue for 60 days unless not be stayed, vacated, dismissed, bonded or discharged; ordischarged within sixty (60) days of entry, appointment or issuance.

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 Company Euramax or any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effecteffect in any applicable jurisdiction, which decree or order shall remain unstayed for a period of 60 daysis not stayed; or any other similar relief shall be granted under any applicable federal federal, foreign or state law and shall remain unstayed for a period of 60 dayslaw; or or (ii) an involuntary case shall be commenced against Company Euramax or any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effecteffect in any applicable jurisdiction; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer in any applicable jurisdiction having similar powers over Company Euramax or any of its Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company Euramax or any of its 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 Company Euramax or any of its 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

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 Company or any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order shall remain unstayed for a period is not vacated, discharged or stayed within 60 days of 60 daysthe entry thereof; or any other similar relief shall be granted under any applicable federal or state law and shall remain unstayed for a period of 60 dayslaw; or or (ii) an involuntary case shall be commenced against Company or any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over Company or any of its Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or any of its 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 Company or any of its Subsidiaries, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; or

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 Company Holdings or any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency insolvency, reorganization, liquidation or similar law now or hereafter in effect, which decree or order shall remain unstayed for a period of 60 daysis not stayed; or any other similar relief shall be granted under any applicable foreign or domestic, federal or state law and shall remain unstayed for a period of 60 dayslaw; or or (ii) an involuntary case shall be commenced against Company Holdings or any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency insolvency, reorganization, 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, conservatoradministrator, custodian or other officer having similar powers over Company Holdings or any of its Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee trustee, administrator, liquidator or other custodian of Company Holdings or any of its 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 Company Holdings or any of its 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

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 the 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 shall remain unstayed for a period of 60 daysis not stayed; or any other similar relief shall be granted under any applicable federal or state law and shall remain unstayed for a period of 60 dayslaw; or or (ii) an involuntary case shall be commenced against Holdings, the Company or any of its 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, conservator, custodian or other officer having similar powers over Holdings, the Company or any of its the Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Company or any of its 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, the Company or any of its the Subsidiaries, and any such event described in this clause (ii) shall continue for 60 sixty (60) days unless dismissed, bonded or discharged; or

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 the Company or any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectLaws, which decree or order shall remain unstayed for a period of 60 daysis not stayed; or any other similar relief shall be granted under any applicable federal or state law and shall remain unstayed for a period of 60 dayslaw; or (ii) an An involuntary case shall be commenced against the Company or any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectLaws; 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 the Company or any of its 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 the Company or any of its 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 Company or any of its Subsidiariesthe Company, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; or

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 Company Borrower or any of its Subsidiaries (other than an Excluded Foreign 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 shall remain unstayed for a period of 60 daysis not stayed; or any other similar relief shall be granted under any applicable federal or state law and shall remain unstayed for a period of 60 dayslaw; or or (ii) an involuntary case shall be commenced against Company Borrower or any of its Subsidiaries (other than an Excluded Foreign 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 Company Borrower or any of its SubsidiariesSubsidiaries (other than an Excluded Foreign 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 Company Borrower or any of its Subsidiaries (other than an Excluded Foreign 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 Company Borrower or any of its SubsidiariesSubsidiaries (other than an Excluded Foreign Subsidiary), and any such event described in this clause (ii) shall continue for 60 sixty days unless without having been dismissed, bonded or discharged; or

Involuntary Bankruptcy; Appointment of Receiver, Etc. (a) At any time, an involuntary case or cases shall have been commenced against (i) A the REIT, (ii) Borrower, or (iii) any one or more UPP Subpartnerships or other Subsidiaries of Borrower contributing, in the aggregate, ten percent (10%) or more of Borrower's Gross Asset Value at the time such case is commenced (collectively, regardless of the number of such Persons, a "Material Subsidiary"), and shall continue undismissed for a period of sixty (60) consecutive days after commencement of the case(s), or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of Company Borrower, the REIT or any of its Subsidiaries Material Subsidiary in an involuntary case under the Bankruptcy Code or case(s), under any other applicable bankruptcy, insolvency or other similar law now or hereafter hereinafter in effect, which decree or order shall remain unstayed for a period of 60 days; or any other similar relief shall be granted under any applicable federal federal, state or state foreign law and shall remain unstayed for a period of 60 dayswith respect to Borrower, the REIT or any Material Subsidiary; or (iib) an involuntary case shall be commenced against Company or any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a A decree or order of a court (or courts) having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over Company the REIT, Borrower or any of its SubsidiariesMaterial Subsidiary, or over all or a substantial part of its propertythe property of any such Person, shall have been be entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company any such Person or any of its Subsidiaries for all or a substantial part of its property; the property of any such Person, shall be appointed or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or any of its Subsidiariessuch Person, shall be issued and any such event described in this clause (ii) shall continue for 60 days unless not be stayed, vacated, dismissed, bonded or discharged; ordischarged within sixty (60) days of entry, appointment or issuance.

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief (other than a decree or order described in clause (ii)) in respect of Company any Credit Party or any of its Subsidiaries Guarantor 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 shall remain unstayed for a period of 60 daysis not stayed; or any other similar relief shall be granted under any applicable federal or state law and shall remain unstayed for a period of 60 days; or law, or (ii) an involuntary case shall be commenced against Company any Credit Party or any of its Subsidiaries Guarantor 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 Company such Credit Party or any of its Subsidiaries, or over all or a substantial part of its property, Guarantor shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company such Credit Party or any of its 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 Company or any of its SubsidiariesGuarantor, and any such event described in this clause (ii) shall continue for 60 thirty (30) days unless without having been dismissed, bonded or discharged; or

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 Company Holdings or any of its Subsidiaries (other than DTA Development, LLC and Waterside Urban Renewal Corporation) 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 shall remain unstayed for a period of 60 daysis not stayed; or any other similar relief shall be granted under any applicable federal or state law and shall remain unstayed for a period of 60 dayslaw; or or (ii) an involuntary case shall be commenced against Company Holdings or any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over Company Holdings or any of its Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company Holdings or any of its 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 Company Holdings or any of its 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

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 Company the General Partner, Holdings or any of its Subsidiaries Subsidiary in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectlaw, which decree or order shall remain unstayed for a period of 60 daysis not stayed; or any other similar relief shall be granted under any applicable federal or state law law, and shall remain unstayed for a period of the petition is not controverted within 10 days, or is not dismissed within 60 daysdays after the filing thereof; or or (ii) an involuntary case shall be commenced against Company the General Partner, Holdings or any of its Subsidiaries Subsidiary under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectlaw; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over Company the General Partner, Holdings or any of its 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 or other custodian of Company the General Partner, Holdings or any of its Subsidiaries 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 Company the General Partner, Holdings or any of its SubsidiariesSubsidiary, and any such event described in this clause (ii) shall continue for 60 days unless without having been dismissed, bonded or discharged; or;

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 Company or any of its Subsidiaries or Holdings in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order shall remain unstayed for a period is not vacated, discharged or stayed within 60 days of 60 daysthe entry thereof; or any other similar relief shall be granted under any applicable federal or state law and shall remain unstayed for a period of 60 dayslaw; or or (ii) an involuntary case shall be commenced against Company or any of its Subsidiaries or Holdings under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over Company or any of its SubsidiariesSubsidiaries or Holdings, 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 Company or any of its Subsidiaries or 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 Company or any of its SubsidiariesSubsidiaries or Holdings, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; or

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 Company Holdings or any of its A&R FIRST LIEN CREDIT AND GUARANTY AGREEMENT 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 shall remain unstayed for a period of 60 daysis not stayed; or any other similar relief shall be granted under any applicable federal or state law and shall remain unstayed for a period of 60 dayslaw; or or (ii) an involuntary case shall be commenced against Company Holdings or any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over Company Holdings or any of its Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company Holdings or any of its 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 Company Holdings or any of its 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

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having jurisdiction in the premises There shall enter a decree or order for relief in respect of Company be commenced against Borrower, Guarantor or any of its Subsidiaries in Consolidated Subsidiary an involuntary case seeking the liquidation or reorganization of the Borrower, Guarantor or such Consolidated Subsidiary under Chapter 7 or Chapter 11, respectively, of the Bankruptcy Code or any similar proceeding under any other applicable bankruptcy, insolvency Applicable Law or similar law now or hereafter in effect, which decree or order shall remain unstayed for a period of 60 days; or any other similar relief shall be granted under any applicable federal or state law and shall remain unstayed for a period of 60 days; or (ii) an involuntary case shall be commenced against Company or any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for proceeding seeking the appointment of a receiver, liquidator, sequestrator, trusteecustodian, conservator, custodian trustee or other officer having Amended and Restated Revolving Loan Agreement similar powers over Company of the Borrower, Guarantor or any Consolidated Subsidiary or to take possession of its Subsidiaries, or over all or a substantial part portion of its property, shall have been entered; property or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or any of its Subsidiaries for to operate all or a substantial part portion of its propertybusiness, and any of the following events occur: (i) the Borrower, Guarantor or Consolidated Subsidiary consents to the institution of the involuntary case or proceeding; (ii) the petition commencing the involuntary case or proceeding is not timely controverted; (iii) the petition commencing the involuntary case or proceeding remains undismissed and unstayed for a period of 90 days (PROVIDED, HOWEVER, that, during the pendency of such period, the Lender shall be relieved of the Commitments); or a warrant of attachment, execution or similar process (iv) an order for relief shall have been issued against any substantial part of the property of Company or any of its Subsidiaries, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or dischargedentered therein; or

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having jurisdiction in There shall ----------------------------------------------------- be commenced against the premises shall enter a decree or order for relief in respect of Company Borrower or any of its Subsidiaries in an involuntary case under seeking the Bankruptcy Code liquidation or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order shall remain unstayed for a period reorganization of 60 days; or any other similar relief shall be granted under any applicable federal or state law and shall remain unstayed for a period of 60 days; or (ii) an involuntary case shall be commenced against Company the Borrower or any of its Subsidiaries under Chapter 7 or Chapter 11, respectively, of the federal Bankruptcy Code or any similar proceeding under any other applicable bankruptcy, insolvency Applicable Law or similar law now an involuntary case or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for proceeding seeking the appointment of a receiver, liquidator, sequestrator, trusteecustodian, conservator, custodian trustee or other officer having similar powers over Company or any of its Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company Borrower or any of its Subsidiaries for to take possession of 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 portion of the property or to operate all or a substantial portion of Company the business of the Borrower or any of its Subsidiaries, and any such event described in this clause of the following events occur: (i) the Borrower or any of its Subsidiaries consents to the institution of the involuntary case or proceeding; (ii) the petition commencing the involuntary case or proceeding is not timely controverted; (iii) the petition commencing the involuntary case or proceeding remains undismissed and unstayed for a period of sixty (60) days (provided, -------- however, that, during the pendency of such period, the Lender shall continue be relieved ------- of its Commitments); or (iv) an order for 60 days unless dismissed, bonded relief shall have been issued or dischargedentered therein; or

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 the Company or any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency reorganization, liquidation or similar law now or hereafter in effect, which decree or order shall remain unstayed for a period of 60 daysis not stayed; or any other similar relief shall be granted under any applicable foreign or domestic federal or state law and shall remain unstayed for a period of 60 dayslaw; or or (ii) an involuntary case shall be commenced against the Company or any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency insolvency, reorganization, 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, conservator, custodian or other officer having similar powers over the Company or any of its Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company or any of its 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 the Company or any of its 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

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 Company or any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order shall remain unstayed for a period of 60 daysis not stayed; or any other similar relief shall be granted under any applicable federal or state law and shall remain unstayed for a period of 60 days; or (ii) an involuntary case shall be commenced against Company or any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectlaw; or (B) (i) 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 Company or any of its Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred (ii) the involuntary appointment of an interim receiver, trustee or other custodian of Company or any of its Subsidiaries for all or a substantial part of its property; or (iii) the issuance of a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or any of its Subsidiaries, and the continuance of any such event described events in this clause subpart (iiB) shall continue for 60 45 days unless dismissed, bonded dismissed or dischargeddischarged provided that Lenders shall not be required to make Loans or issue Letters of Credit during such 45 day period; or

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 the Company or any of its Restricted Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order shall remain unstayed for a period of 60 daysis not stayed; or any other similar relief shall be granted under any applicable federal or state law and shall remain unstayed for a period of 60 dayslaw; or or (iib) an involuntary case shall be is commenced against the Company or any of its Restricted Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over the Company or any of its 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 the Company or any of its Restricted Subsidiaries for all or a substantial part of the property of the Company or any of its propertyRestricted Subsidiaries is involuntarily appointed; or a warrant of attachment, execution or similar process shall have been is issued against any substantial part of the property of the Company or any of its Restricted Subsidiaries, 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

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 the Company or any of its Subsidiaries subsidiaries or affiliates in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order shall remain unstayed for a period of 60 daysis not stayed; or any other similar relief shall be granted under any applicable federal or state law and shall remain unstayed for a period of 60 days; or (ii) an involuntary case shall be commenced against Company or any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectlaw; or (b) 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 the Company or any of its Subsidiariessubsidiaries or affiliates, or over all or a substantial part of its property, property shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company or any of its Subsidiaries subsidiaries or affiliates 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 the Company or any of its Subsidiariessubsidiaries or affiliates, and the continuance of any such event described events in this clause (iib) shall continue for 60 sixty (60) days unless dismissed, bonded or discharged; or

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 the Company or any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectDebtor Relief Law, which decree or order shall remain unstayed for a period of 60 daysis not stayed; or any other similar relief shall be granted under any applicable federal or state law and shall remain unstayed for a period of 60 dayslaw; or or (ii) an involuntary case shall be commenced against the Company or any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectDebtor Relief Law; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over the Company or any of its Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company or any of its 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 the Company or any of its 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

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A An involuntary case shall be commenced against the Company or any of its Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Company or any of its Subsidiaries in an involuntary case under the Bankruptcy Code or case, under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order shall remain unstayed for a period of 60 days; or any other similar relief shall be granted under any applicable federal federal, state, local or state law and shall remain unstayed for a period of 60 days; orforeign law. (ii) an involuntary case shall be commenced against Company or any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a 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 the Company or any of its Subsidiaries, Subsidiaries or over all or a substantial part of the property of the Company or any of its property, Subsidiaries shall have been be entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company or any of its Subsidiaries for or of all or a substantial part of the property of the Company or any of its property; Subsidiaries shall be appointed or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Company or any of its 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.

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 Company Borrower or any of its Subsidiaries Material Subsidiary in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, Insolvency Laws which decree or order shall remain unstayed for a period of 60 daysis not stayed; or any other similar relief shall be granted under any applicable federal Insolvency Laws; or state law and shall remain unstayed for a period of 60 days; or (ii) an involuntary case shall be commenced against Company Borrower or any of its Subsidiaries under the Bankruptcy Code or Material Subsidiary under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectInsolvency Laws; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over Company Borrower or any of its SubsidiariesMaterial 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 Company Borrower or any of its Subsidiaries Material 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 Company Borrower or any of its SubsidiariesMaterial Subsidiary, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; or

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 Company or any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order shall remain unstayed for a period of 60 days; or any other similar relief shall be granted under any applicable federal or state law and shall remain unstayed for a period of 60 days; or or (ii) an involuntary case shall be commenced against Company or any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over Company or any of its Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or any of its 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 Company or any of its Subsidiaries, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; oror 8.7

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A 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 (45) days after commencement of the case or such proceeding can no longer be dismissed (kxxxxx van gewijsde); or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Company or any of its 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 shall remain unstayed for a period of 60 days; or any other similar relief shall be granted under any applicable federal federal, state, local or state law and shall remain unstayed for a period of 60 days; orforeign law. (ii) an involuntary case shall be commenced against Company or any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a 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 the Company or any of its 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 the Company or any of its 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 the Company or any of its 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.

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 Company Holdings or any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency insolvency, reorganization, liquidation or similar law now or hereafter in effect, which decree or order shall remain unstayed for a period of 60 daysis not stayed; or any other similar relief shall be granted under any applicable foreign or domestic federal or state law and shall remain unstayed for a period of 60 dayslaw; or or (ii) an involuntary case shall be commenced against Company Holdings or any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency insolvency, reorganization, 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, conservator, custodian or other officer having similar powers over Company Holdings or any of its Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company Holdings or any of its 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 Company Holdings or any of its 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

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 the Company or any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectDebtor Relief Law, which decree or order shall remain unstayed for a period of 60 daysis not stayed; or any other similar relief shall be granted under any applicable federal or state law and shall remain unstayed for a period of 60 dayslaw; or or (ii) an involuntary case shall be commenced against the Company or any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectDebtor Relief Law; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over the Company or any of its Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company or any of its 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 the Company or any of its 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

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 Company CapStar or any of its 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 shall remain unstayed for a period of 60 daysis not stayed; or any other similar relief shall be granted under any applicable federal or state law and shall remain unstayed for a period of 60 dayslaw; or or (ii) an involuntary case shall be commenced against Company CapStar or any of its 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, conservator, custodian or other officer having similar powers over Company CapStar or any of its 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 Company CapStar or any of its 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 Company CapStar or any of its Significant Subsidiaries, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; or

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 Company a Borrower or any of its Restricted Subsidiaries or the Phase II 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 shall remain unstayed for a period of 60 daysis not stayed; or any other similar relief shall be granted under any applicable federal or state law and shall remain unstayed for a period of 60 dayslaw; or or (ii) an involuntary case shall be commenced against Company a Borrower or any of its Restricted Subsidiaries or the Phase II 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 Company a Borrower or any of its SubsidiariesRestricted Subsidiaries or the Phase II 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 Company a Borrower or any of its Restricted Subsidiaries or the Phase II 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 Company a Borrower or any of its SubsidiariesRestricted Subsidiaries or the Phase II Subsidiary, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; or

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 the Sponsor, the Company or any of its 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 shall remain unstayed for a period of 60 daysis not stayed; or any other similar relief shall be granted under any applicable federal or state law and shall remain unstayed for a period of 60 dayslaw; or or (ii) an involuntary case shall be commenced against the Sponsor, the Company or any of its 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, conservatorcustodian, custodian conservator or other officer having similar powers over the Sponsor, the Company or any of its 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 the Sponsor, the Company or any of its 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 the Sponsor, the Company or any of its SubsidiariesLoan Party, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or dischargeddischarged (and in the case of the Company, any such event described in clause (i) or (ii) of this subsection 8.6 has had or could reasonably be expected to have a Company Material Adverse Effect); or

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 shall remain unstayed for a period of 60 daysis not stayed; or any other similar relief shall be granted under any applicable federal or state law and shall remain unstayed for a period of 60 dayslaw; 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, conservator, 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 117 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

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 Company or any of its 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 shall remain unstayed for a period is not vacated, discharged or stayed within 60 days of 60 daysthe entry thereof; or any other similar relief shall be granted under any applicable federal or state law and shall remain unstayed for a period of 60 dayslaw; or or (ii) an involuntary case shall be commenced against Company or any of its 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, conservator, custodian or other officer having similar powers over Company or any of its 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 or other custodian of Company or any of its Subsidiaries Significant 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 Company or any of its SubsidiariesSignificant Subsidiary, and any such event described in this clause (ii) shall continue for 60 days unless dismissed, bonded or discharged; or

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court having jurisdiction in There shall ----------------------------------------------------- be commenced against the premises shall enter a decree or order for relief in respect of Company Borrower or any of its Subsidiaries in an involuntary case under seeking the Bankruptcy Code liquidation or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order shall remain unstayed for a period reorganization of 60 days; or any other similar relief shall be granted under any applicable federal or state law and shall remain unstayed for a period of 60 days; or (ii) an involuntary case shall be commenced against Company the Borrower or any of its Subsidiaries under Chapter 7 or Chapter 11, respectively, of the federal Bankruptcy Code or any similar proceeding under any other applicable bankruptcy, insolvency Applicable Law or similar law now an involuntary case or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for proceeding seeking the appointment of a receiver, liquidator, sequestrator, trusteecustodian, conservator, custodian trustee or other officer having similar powers over Company or any of its Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company Borrower or any of its Subsidiaries for to take possession of 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 portion of the property or to operate all or a substantial portion of Company the business of the Borrower or any of its Subsidiaries, and Third Amended and Restated Senior Secured Credit Agreement any such event described in this clause of the following events occur: (i) the Borrower or any of its Subsidiaries consents to the institution of the involuntary case or proceeding; (ii) the petition commencing the involuntary case or proceeding is not timely controverted; (iii) the petition commencing the involuntary case or proceeding remains undismissed and unstayed for a period of sixty (60) days (provided, -------- however, that, during the pendency of such period, the Lender shall continue be relieved ------- of its Commitments); or (iv) an order for 60 days unless dismissed, bonded relief shall have been issued or dischargedentered therein; or

Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A An involuntary case shall be commenced against the Company or any of its Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Company or any of its 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 shall remain unstayed for a period of 60 days; or any other similar relief shall be granted under any applicable federal federal, state, local or state law and shall remain unstayed for a period of 60 days; orforeign law. (ii) an involuntary case shall be commenced against Company or any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a 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 the Company or any of its Subsidiaries, Subsidiaries or over all or a substantial part of the Property of the Company or any of its property, Subsidiaries shall have been be entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company or any of its Subsidiaries for or of all or a substantial part of the property of the Company or any of its property; Subsidiaries shall be appointed, or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property Property of the Company or any of its 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.

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 Company any Loan Party or any of its the Company's 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 shall remain unstayed for a period of 60 daysis not stayed; or any other similar relief shall be granted under any applicable federal or state law and shall remain unstayed for a period of 60 dayslaw; or (ii) an An involuntary case shall be commenced against Company any Loan Party or any of its the Company's 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 Company any Loan Party or any of its the Company's 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 Company any Loan Party or any of its the Company's 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 Company any Loan Party or any of its the Company's Subsidiaries, and any such event described in this clause (ii) shall continue for 60 days unless without being dismissed, bonded or discharged; or

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 Company or any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectDebtor Relief Law, which decree or order shall remain unstayed for a period of 60 daysis not stayed; or any other similar relief shall be granted under any applicable federal or state law and shall remain unstayed for a period of 60 dayslaw; or (ii) an involuntary case shall be commenced against Company or any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectDebtor Relief Law; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over Company or any of its Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or any of its 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 Company or any of its 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