Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Holdings 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 is not stayed; or any other similar relief shall be granted under any applicable foreign or domestic, federal or state law; or (ii) an involuntary case shall be commenced against Holdings or any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, 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, administrator, custodian or other officer having similar powers over 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, administrator, liquidator or other custodian of 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 Holdings or any of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (Vonage Holdings Corp), Third Lien Note Purchase Agreement (Vonage Holdings Corp), Credit and Guaranty Agreement (Vonage Holdings Corp)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Holdings Holdings, the Borrower or any of its Subsidiaries (other than an Immaterial Subsidiary) in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency, reorganization, liquidation 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 foreign or domestic, federal or state law; or (ii) an involuntary case shall be commenced against Holdings Holdings, the Borrower or any of its Subsidiaries (other than an Immaterial Subsidiary) under the Bankruptcy Code or under any other applicable bankruptcy, insolvency, reorganization, liquidation 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, administrator, custodian or other officer having similar powers over Holdings Holdings, the Borrower or any of its Subsidiaries (other than its Immaterial Subsidiaries), or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, administrator, liquidator trustee or other custodian of Holdings Holdings, the Borrower or any of its 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 Holdings or any of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 60 consecutive days without having been dismissed, vacated, bonded or discharged; or
Appears in 2 contracts
Samples: Assignment and Assumption (PSAV, Inc.), Credit Agreement (PSAV, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of the General Partner, Holdings or any of its Subsidiaries Subsidiary in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency, reorganization, liquidation insolvency or similar law now or hereafter in effectlaw, which decree or order is not stayed; or any other similar relief shall be granted under any applicable foreign or domestic, federal or state law, and the petition is not controverted within 10 days, or is not dismissed within 60 days after the filing thereof; or (ii) an involuntary case shall be commenced against the General Partner, Holdings or any of its Subsidiaries Subsidiary under the Bankruptcy Code or under any other applicable bankruptcy, insolvency, reorganization, liquidation 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, administrator, custodian or other officer having similar powers over 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, administrator, liquidator trustee or other custodian of 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 the General Partner, Holdings or any of its SubsidiariesSubsidiary, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been dismissed, bonded or discharged; or;
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (CVR Energy Inc), Credit and Guaranty Agreement (CVR Partners, Lp)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings Company or any of its Subsidiaries or Holdings in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency, reorganization, liquidation insolvency or similar law now or hereafter in effect, which decree or order is not stayedvacated, discharged or stayed within 60 days of the entry thereof; or any other similar relief shall be granted under any applicable foreign or domestic, federal or state law; or (ii) an involuntary case shall be commenced against Holdings Company or any of its Subsidiaries or Holdings under the Bankruptcy Code or under any other applicable bankruptcy, insolvency, reorganization, liquidation 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, administrator, custodian or other officer having similar powers over Holdings 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, administrator, liquidator trustee or other custodian of Holdings 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 Holdings Company or any of its SubsidiariesSubsidiaries or Holdings, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Credit Agreement (Express Scripts Inc), Credit Agreement (Express Scripts Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A An involuntary case shall be commenced against any Borrower, any Affiliate Guarantor or any other guarantor of all or any portion of the indebtedness evidenced hereby (a "Guarantor") and the petition shall not be dismissed, stayed, bonded or discharged within thirty (30) days after commencement of the case; or a court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings any Borrower, any Affiliate Guarantor or any of its Subsidiaries Guarantor in an involuntary case under the Bankruptcy Code or case, under any other applicable bankruptcy, insolvency, reorganization, liquidation 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, state, local or foreign or domestic, federal or state law; or (ii) an involuntary case shall be commenced against Holdings or any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency, reorganization, liquidation 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, administrator, custodian or other officer having similar powers over Holdings any Borrower, any Affiliate Guarantor or any of its Subsidiaries, Guarantor or over all or a substantial part of its property, the property securing this Note or the Credit Agreement or of the property securing any guaranty of any Guarantor ("Property") shall have been be entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, administrator, liquidator trustee or other custodian of Holdings any Borrower, any Affiliate Guarantor or any Guarantor or of its Subsidiaries for all or a substantial part of its property; the Property 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 or any of its Subsidiaries, Property shall be issued and any such event described in this clause (ii) shall continue for sixty (60) days without having been not be stayed, dismissed, bonded or discharged; ordischarged within thirty (30) days after entry, appointment or issuance.
Appears in 2 contracts
Samples: Timco Aviation Services Inc, Timco Aviation Services Inc
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Holdings Euramax or any of its Subsidiaries in an 109 involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency, reorganization, liquidation insolvency or similar law now or hereafter in effecteffect in any applicable jurisdiction, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, foreign or domestic, federal or state law; or (ii) an involuntary case shall be commenced against Holdings Euramax or any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency, reorganization, liquidation 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, administrator, custodian or other officer in any applicable jurisdiction having similar powers over Holdings 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, administrator, liquidator trustee or other custodian of Holdings 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 Holdings Euramax or any of its Subsidiaries, ; and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: General Intercreditor Agreement (Euramax International, Inc.), Senior Secured Revolving Credit and Guaranty Agreement (Euramax International, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Holdings Holdings, 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, reorganization, liquidation 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 foreign or domestic, federal or state law; or (ii) an involuntary case shall be commenced against Holdings Holdings, 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, reorganization, liquidation 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, administrator, custodian or other officer having similar powers over Holdings Holdings, 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, administrator, liquidator trustee or other custodian of Holdings Holdings, the Borrowers or any of their respective Subsidiaries (other than its Subsidiaries 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 Holdings or any of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 60 consecutive days without having been dismissed, vacated, bonded or discharged; or
Appears in 2 contracts
Samples: Term Loan Agreement (Allscripts Healthcare Solutions, Inc.), Credit Agreement (Allscripts Healthcare Solutions, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. Other than the Chapter 11 Cases, (i) A a court of competent jurisdiction shall enter a decree or order for relief in respect of Holdings or any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency, reorganization, liquidation 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 foreign or domestic, federal or state law; or (ii) an involuntary case shall be commenced against Holdings or any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency, reorganization, liquidation 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, administrator, custodian or other officer having similar powers over 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, administrator, liquidator trustee or other custodian of 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 Holdings or any of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Tronox Inc), Credit and Guaranty Agreement (Tronox Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Holdings or any of its Subsidiaries the Borrower in an involuntary case under the Bankruptcy Code or proceeding under any other applicable bankruptcyDebtor Relief Laws, insolvency, reorganization, liquidation 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 foreign or domestic, federal or state law; or (ii) an involuntary case shall be commenced against Holdings or any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, 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, administratorconservator, liquidator or other custodian or other officer having similar powers over Holdings or any of its Subsidiaries, the Borrower or over all or a substantial part of its propertyproperty shall be appointed, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, administrator, liquidator or other custodian of 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 Holdings the Borrower and any such event described in this clause (i) shall remain undismissed or unstayed for sixty days; or (ii) a case or proceeding shall be commenced against the Borrower without the consent or acquiescence of such party seeking relief under any Debtor Relief Laws or seeking the appointment of a receiver, sequestrator, trustee, conservator, liquidator or other custodian or other officer having similar powers over the Borrower or over all or a substantial part of its Subsidiariesproperty, and any such event described in this clause (ii) shall continue for sixty (60) days 101 without having been dismissed, bonded or discharged; oror (iii) any analogous step or procedure is taken under the laws of any jurisdiction in respect of the Borrower;
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Cheniere Energy, Inc.), Credit and Guaranty Agreement (Cheniere Energy Partners, L.P.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings Borrower or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency, reorganization, liquidation 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, state or foreign or domestic, federal or state law; or (ii) an involuntary case shall be commenced against Holdings Borrower or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency, reorganizationdissolution, 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, administrator, custodian or other officer having similar powers over Holdings 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, administrator, liquidator trustee or other custodian of Holdings 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 Borrower or any of its Material Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Credit Agreement (Boyds Collection LTD), Credit Agreement (Boyds Collection LTD)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings 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, reorganization, liquidation 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 foreign or domestic, federal or state law; or (ii) an involuntary case shall be commenced against Holdings the Sponsor, the Company or any of its Subsidiaries Loan Party under the Bankruptcy Code or under any other applicable bankruptcy, insolvency, reorganization, liquidation 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, administratorcustodian, custodian conservator or other officer having similar powers over Holdings 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, administrator, liquidator trustee or other custodian of Holdings 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 Holdings the Sponsor, the Company or any of its SubsidiariesLoan Party, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been 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
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Holdings Borrower or any of its Restricted Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency, reorganization, liquidation 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 foreign or domestic, federal or state law; or (ii) (ii) an involuntary case shall be commenced against Holdings Borrower or any of its Restricted Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency, reorganization, liquidation 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, administrator, custodian or other officer having similar powers over Holdings Borrower or any of its Restricted Subsidiaries, or over all or a substantial part of its property, shall have 127 been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, administrator, liquidator trustee or other custodian of Holdings Borrower or any of its 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 Borrower or any of its Restricted Subsidiaries, and any such event described in this clause (iif) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. With respect to any Material Subsidiary of the Company that is not a debtor in the Chapter 11 Cases on the Interim Facility Effective Date, (i) A a court of competent jurisdiction shall enter a decree or order for relief in respect of Holdings or any of its Subsidiaries such Subsidiary in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency, reorganization, liquidation 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 foreign or domestic, federal or state law; or (ii) an involuntary case shall be commenced against Holdings or any of its Subsidiaries such Subsidiary under the Bankruptcy Code or under any other applicable bankruptcy, insolvency, reorganization, liquidation 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, administrator, custodian or other officer having similar powers over Holdings or any of its Subsidiariessuch 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, administrator, liquidator trustee or other custodian of Holdings or any of its Subsidiaries such 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 or any of its Subsidiariessuch Subsidiary, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Financing Agreement (Global Geophysical Services Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. Other than in connection with the Chapter 11 Cases, if the Chapter 11 Cases have commenced, (i) A a court of competent jurisdiction shall enter a decree or order for relief in respect of Holdings or any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency, reorganization, liquidation 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 foreign or domestic, federal or state law; or (ii) an involuntary case shall be commenced against Holdings or any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency, reorganization, liquidation 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, administrator, custodian or other officer having similar powers over 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, administrator, liquidator trustee or other custodian of 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 Holdings or any of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Keystone Automotive Operations Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Holdings the Parent, the Borrower or any of its Subsidiaries the Servicer in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency, reorganization, liquidation or similar law now or hereafter in effectInsolvency Legislation, which decree or order is not stayed; or any other similar relief shall be granted under any applicable foreign or domestic, federal or state lawApplicable Law; or (ii) an involuntary case shall be commenced against Holdings the Parent, the Borrower or any of its Subsidiaries under the Bankruptcy Code or Servicer under any other applicable bankruptcy, insolvency, reorganization, liquidation or similar law now or hereafter in effectInsolvency Legislation; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, administrator, custodian or other officer having similar powers over Holdings the Parent, the Borrower or any of its Subsidiariesthe Servicer, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, administrator, liquidator trustee or other custodian of Holdings the Parent, the Borrower or any of its Subsidiaries the Servicer for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings the Parent, the Borrower or any of its Subsidiariesthe Servicer, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Holdings 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 is not stayed; or any other similar relief shall be granted under any applicable foreign or domestic, domestic federal or state law; or (ii) an involuntary case shall be commenced against Holdings or any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, 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, administrator, custodian or other officer having similar powers over 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, administrator, liquidator trustee or other custodian of 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 Holdings or any of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Credit and Guaranty Agreement (21st Century Oncology Holdings, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Holdings the Company 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 is not stayed; or any other similar relief shall be granted under any applicable foreign or domestic, domestic federal or state law; or (ii) an involuntary case shall be commenced against Holdings the Company or any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, 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, administrator, custodian or other officer having similar powers over Holdings 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, administrator, liquidator trustee or other custodian of Holdings 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 Holdings the Company or any of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Holdings Company or any of its Subsidiaries other Credit Party or any other Significant Subsidiary 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 is not stayed; or any other similar relief shall be granted under any applicable foreign or domestic, federal or state law; or (ii) an involuntary case shall be commenced against Holdings Company or any of its Subsidiaries other Credit Party or any other Significant Subsidiary under the Bankruptcy Code or under any other applicable bankruptcy, 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, administrator, custodian or other officer having similar powers over Holdings Company or any of its Subsidiariesother Credit Party or any other Significant Subsidiary, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, administrator, liquidator trustee or other custodian of Holdings Company or any of its Subsidiaries other Credit Party or any other 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 Holdings Company or any of its Subsidiariesother Credit Party or any other Significant Subsidiary, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Lease Agreement (Cit Group Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Holdings Company or any of its Subsidiaries other Borrower or any Significant Subsidiary 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 is not stayed; or any other similar relief shall be granted under any applicable foreign or domestic, federal or state law; or (ii) an involuntary case shall be commenced against Holdings Company or any of its Subsidiaries other Borrower or any Significant Subsidiary under the Bankruptcy Code or under any other applicable bankruptcy, 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, administrator, custodian or other officer having similar powers over Holdings Company or any of its Subsidiariesother Borrower or any Significant Subsidiary, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, administrator, liquidator trustee or other custodian of Holdings Company or any of its Subsidiaries other Borrower or any 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 Holdings Company or any of its Subsidiariesother Borrower or any Significant Subsidiary, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. Other than with respect to Immaterial Subsidiaries, (i) A a court of competent jurisdiction shall enter a decree or order for relief or similar relief in respect of Holdings Parent or any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency, reorganization, liquidation insolvency or similar law (domestic or foreign) now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, state or foreign or domestic, federal or state law; or (ii) an involuntary case shall be commenced against Holdings Parent or any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency, reorganization, liquidation insolvency or similar law (domestic or foreign) now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises shall have been entered for the appointment of a receiver, interim receiver, receiver-manager, liquidator, sequestrator, trustee, administrator, custodian or other officer having similar powers over Holdings Parent 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, administrator, liquidator trustee or other custodian of Holdings Parent 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 Holdings Parent or any of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Dura Automotive Systems Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings a Borrower or any of its Restricted Subsidiaries or either Phase II Mall Borrower in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency, reorganization, liquidation 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 foreign or domestic, federal or state law; or (ii) an involuntary case shall be commenced against Holdings a Borrower or any of its Restricted Subsidiaries or either Phase II Mall Borrower, under the Bankruptcy Code or under any other applicable bankruptcy, insolvency, reorganization, liquidation 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, administrator, custodian or other officer having similar powers over Holdings a Borrower or any of its 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, administrator, liquidator trustee or other custodian of Holdings a Borrower or any of its 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 a Borrower or any of its SubsidiariesRestricted Subsidiaries or either Phase II Mall Borrower, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings Company or any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency, reorganization, liquidation insolvency or similar law now or hereafter in effect, which decree or order is not stayedshall remain unstayed for a period of 60 days; or any other similar relief shall be granted under any applicable foreign or domestic, federal or state lawlaw and shall remain unstayed for a period of 60 days; or (ii) an involuntary case shall be commenced against Holdings Company or any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency, reorganization, liquidation 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, administratorconservator, custodian or other officer having similar powers over Holdings 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, administrator, liquidator trustee or other custodian of Holdings 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 Holdings Company or any of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; oror 8.7
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Holdings Company or any of its Subsidiaries Subsidiaries, any Specified Party or any Specified Account Debtor in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency, reorganization, liquidation 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 foreign or domestic, federal Federal or state law; or (ii) an involuntary case shall be commenced against Holdings Company or any of its Subsidiaries Subsidiaries, any Specified Party or any Specified Account Debtor under the Bankruptcy Code or under any other applicable bankruptcy, insolvency, reorganization, liquidation 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, administrator, custodian or other officer having similar powers over Holdings Company or any of its Subsidiaries, any Specified Party or any Specified Account Debtor, 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, administrator, liquidator trustee or other custodian of Holdings Company or any of its Subsidiaries Subsidiaries, any Specified Party or any Specified Account Debtor 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 Subsidiaries, any Specified Party or any Specified Account Debtor, and any such event described in this clause (ii) shall continue for sixty forty-five (6045) days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Syntax-Brillian Corp)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings CapStar or any of its Significant Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency, reorganization, liquidation 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 foreign or domestic, federal or state law; or (ii) an involuntary case shall be commenced against Holdings CapStar or any of its Significant Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency, reorganization, liquidation 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, administrator, custodian or other officer having similar powers over Holdings 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, administrator, liquidator trustee or other custodian of Holdings 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 Holdings CapStar or any of its Significant Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Senior Subordinated Credit Agreement (Capstar Hotel Co)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Holdings any Non-Debtor Subsidiary, any Specified Party or any of its Subsidiaries Specified Account Debtor in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency, reorganization, liquidation 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 foreign or domestic, federal Federal or state law; or (ii) an involuntary case shall be commenced against Holdings any Non-Debtor Subsidiary, any Specified Party or any of its Subsidiaries Specified Account Debtor under the Bankruptcy Code or under any other applicable bankruptcy, insolvency, reorganization, liquidation 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, administrator, custodian or other officer having similar powers over Holdings any Non-Debtor Subsidiary, any Specified Party or any of its SubsidiariesSpecified Account Debtor, 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, administrator, liquidator trustee or other custodian of Holdings any Non-Debtor Subsidiary, any Specified Party or any of its Subsidiaries Specified Account Debtor 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 any Non-Debtor Subsidiary, any Specified Party or any of its SubsidiariesSpecified Account Debtor, and any such event described in this clause (ii) shall continue for sixty thirty (6030) days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Syntax-Brillian Corp)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Holdings Euramax or any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency, reorganization, liquidation insolvency or similar law now or hereafter in effecteffect in any applicable jurisdiction, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, foreign or domestic, federal or state law; or (ii) an involuntary case shall be commenced against Holdings Euramax or any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency, reorganization, liquidation 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, administrator, custodian or other officer in any applicable jurisdiction having similar powers over Holdings 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, administrator, liquidator trustee or other custodian of Holdings 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 Holdings Euramax or any of its Subsidiaries, ; and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Euramax Holdings, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Holdings any Loan Party 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 effectDebtor Relief Law, which decree or order is not stayed; or any other similar relief shall be granted under any applicable foreign or domestic, federal or state law; or (ii) an involuntary case shall be commenced against Holdings any Loan Party or any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency, reorganization, liquidation 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, administrator, custodian or other officer having similar powers over Holdings any Loan Party 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, administrator, liquidator trustee or other custodian of Holdings any Loan 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 Holdings any Loan Party or any of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Senior Secured Credit Agreement (Quantum Corp /De/)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Holdings Borrower or any of its Subsidiaries in an involuntary case under the Bankruptcy Code any Debtor Relief Law or under any other applicable bankruptcy, insolvency, reorganization, liquidation 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 foreign or domestic, federal or state lawlaw or law of any other jurisdiction; or (ii) an involuntary case shall be commenced against Holdings Borrower or any of its Subsidiaries under the Bankruptcy Code any Debtor Relief Law or under any other applicable bankruptcy, insolvency, reorganization, liquidation 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, provisional supervision, liquidator, sequestrator, trustee, administrator, custodian or other officer having similar powers over Holdings Borrower 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, administrator, liquidator provisional supervision, trustee or other custodian of Holdings Borrowers 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 Holdings Borrower or any of its Subsidiaries, and any such event described in this clause the foregoing clauses (i) or (ii) shall continue for sixty (60) days [*] without having been dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Financing Agreement (Fibrogen Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Holdings or any of its A&R FIRST LIEN CREDIT AND GUARANTY AGREEMENT 105 Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency, reorganization, liquidation 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 foreign or domestic, federal or state law; or (ii) an involuntary case shall be commenced against Holdings or any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency, reorganization, liquidation 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, administrator, custodian or other officer having similar powers over 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, administrator, liquidator trustee or other custodian of 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 Holdings or any of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Credit and Guaranty Agreement (American Reprographics CO)