Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of the Borrower or any of its Restricted Subsidiaries in an involuntary case under any Debtor Relief Law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state Law; or (ii) an involuntary case shall be commenced against the Borrower or any of its Restricted Subsidiaries under any Debtor Relief Law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Borrower 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 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 the Borrower or any of its Restricted Subsidiaries, and any such event described in this clause (i) and (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (2U, Inc.), Term Loan Credit and Guaranty Agreement (2U, 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 the Borrower Holdings or any of its Restricted Subsidiaries in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state Lawlaw; or (ii) an involuntary case shall be commenced against the Borrower Holdings or any of its Restricted Subsidiaries under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Borrower Holdings or 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 Borrower Holdings 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 the Borrower Holdings or any of its Restricted Subsidiaries, and any such event described in this clause (i) and (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Senior Secured Super Priority Debtor in Possession and Exit Credit and Guaranty Agreement (Tronox Inc), Senior Secured Super Priority Debtor in Possession and Exit 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 the Parent, Borrower or any of its Restricted Subsidiaries Controlled Group Member (other than any Immaterial Subsidiary), in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayedstayed within 60 days; or any other similar relief shall be granted under any applicable federal or state Lawlaw; or or
(ii) (a) an involuntary case shall be commenced against the Parent, Borrower or any of its Restricted Subsidiaries Controlled Group Member (other than any Immaterial Subsidiary), under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or (b) a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Borrower Parent or any of its Restricted SubsidiariesSubsidiaries (other than any Immaterial Subsidiary), or over all or a substantial part of its property, shall have been entered; or (c) there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Borrower Parent or any of its Restricted Subsidiaries (other than any Immaterial Subsidiary) for all or a substantial part of its property; or (d) a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Borrower Parent or any of its Restricted Subsidiaries, ; and any such event described in this clause (i) and (ii) shall continue for sixty (60) days without having been dismissed, stayed bonded or discharged; or
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Mills Limited Partnership), Credit and Guaranty Agreement (Mills Corp)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of the Borrower or any of its Restricted Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state Lawlaw; or (ii) an involuntary case shall be commenced against the Borrower or any of its Restricted Material Subsidiaries under the Bankruptcy Code or under any Debtor Relief Law 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 the Borrower or any of its Restricted Material Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee trustee, conservator or other custodian of the 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 the Borrower or any of its Restricted Material Subsidiaries, and any such event described in this clause (i) and (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Senior Secured Term Loan Facility Agreement (Ocwen Financial Corp), Senior Secured Term Loan Facility Agreement (Ocwen Financial Corp)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of the Borrower Borrower, Holdings or any of its Restricted Significant Subsidiaries in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable U.S. federal, state or foreign bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal U.S. federal, state or state Lawforeign law; or (ii) an involuntary case shall be commenced against the Borrower Borrower, Holdings or any of its Restricted Significant Subsidiaries under the Bankruptcy Code or under any Debtor Relief Law other applicable U.S. federal, state or foreign bankruptcy, insolvency or similar law now or hereafter in effect; 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 Borrower Borrower, Holdings or any of its Restricted 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 trustee, conservator or other custodian of the Borrower Borrower, Holdings or any of its Restricted Significant Subsidiaries for all or a substantial part substantially all of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part all or substantially all of the property of the Borrower Borrower, Holdings or any of its Restricted Significant Subsidiaries, and any such event described in this clause (i) and (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Credit Agreement (Altisource Portfolio Solutions S.A.), Credit Agreement (Altisource Portfolio Solutions S.A.)
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 Borrower Borrowers or any of its Restricted their respective Subsidiaries (other than an Immaterial Subsidiary) in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state Lawlaw; or (ii) an involuntary case shall be commenced against Holdings, the Borrower Borrowers or any of its Restricted their respective Subsidiaries (other than an Immaterial Subsidiary) under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, the Borrower Borrowers or any of their respective Subsidiaries (other than its Restricted Immaterial Subsidiaries), or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower Borrowers or any of their respective Subsidiaries (other than its Restricted 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 the Borrower or any of its Restricted Subsidiaries, and any such event described in this clause (i) and (ii) shall continue for sixty (60) 60 consecutive days without having been dismissed, vacated, bonded or discharged; or
Appears in 2 contracts
Samples: Second Lien Term Loan Agreement (Allscripts Healthcare Solutions, Inc.), First Lien Credit Agreement (Allscripts Healthcare Solutions, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A An involuntary case shall be commenced against the Company, or its Subsidiaries with an aggregate net worth equal to or greater than ten percent (10%) of the Company's Consolidated Net Worth, and the petition shall not be dismissed, stayed, bonded or discharged within sixty (60) days after commencement of the case; or a court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower Company or any of its Restricted such Subsidiaries in an involuntary case case, under any Debtor Relief Law applicable bankruptcy, insolvency or other similar law now or hereafter hereinafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal federal, state, local or state Law; or foreign law.
(ii) an involuntary case shall be commenced against the Borrower or any of its Restricted Subsidiaries under any Debtor Relief Law now or hereafter in effect; or a A decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Borrower Company, or any its Subsidiaries with an aggregate net worth equal to or greater than ten percent (10%) of its Restricted Subsidiariesthe Company's Consolidated Net Worth, or over all or a substantial part of its propertythe property of the Company, or such Subsidiaries shall have been be entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Borrower Company or any such Subsidiaries or of its Restricted Subsidiaries for all or a substantial part of its property; the property of the Company or such 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 Borrower Company or any of its Restricted Subsidiaries, such Subsidiaries shall be issued and any such event described in this clause (i) and (ii) shall continue for not be stayed, dismissed, bonded or discharged within sixty (60) days without having been dismissedafter entry, bonded appointment or discharged; orissuance.
Appears in 2 contracts
Samples: Long Term Credit Agreement (Agribrands International Inc), Long Term Credit Agreement (Agribrands International Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. Other than any English Credit Party: (i) A a court of competent jurisdiction shall enter a decree or order for relief in respect of the Borrower Holdings or any of its Restricted Subsidiaries in an involuntary case under any Debtor Relief Law now or hereafter in effectLaw, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal federal, state or state Lawprovincial law; or (ii) an involuntary case shall be commenced against the Borrower Holdings or any of its Restricted Subsidiaries under any Debtor Relief 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, custodian or other officer having similar powers over the Borrower Holdings 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 Borrower Holdings 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 the Borrower Holdings or any of its Restricted Subsidiaries, and any such event described in this clause (i) and (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (ONE Group Hospitality, Inc.), Credit and Guaranty Agreement (ONE Group Hospitality, 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 Borrower Lux 1 or any of its Restricted Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state Lawlaw; or (ii) an involuntary case shall be commenced against the Borrower Lux 1 or any of its Restricted Material Subsidiaries under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Borrower Lux 1 or any of its Restricted 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 the Borrower Lux 1 or any of its Restricted 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 the Borrower Lux 1 or any of its Restricted Material Subsidiaries, and any such event described in this clause (i) and (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Mezzanine Credit and Guaranty Agreement (Isola Group Ltd.), Mezzanine Credit and Guaranty Agreement (Isola Group Ltd.)
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 the Borrower or any of its Restricted Subsidiaries in an involuntary case under any Debtor Relief Law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state Law; or (ii) an involuntary case shall be commenced against the Borrower or any of its Restricted Subsidiaries under any Debtor Relief Law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Borrower 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 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 the Borrower or any of its Restricted Subsidiaries, and any such event described in this clause (i) and (ii) shall continue for sixty (60) days without having been dismissed, vacated, 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 the Borrower or any of its Restricted Subsidiaries (other than Immaterial Subsidiaries) in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state Lawlaw; or (ii) an involuntary case shall be commenced against the Borrower or any of its Restricted Subsidiaries (other than Immaterial Subsidiaries) under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Borrower or any of its Restricted Subsidiaries (other than Immaterial Subsidiaries), or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Borrower or any of its Restricted Subsidiaries (other than 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 the Borrower or any of its Restricted Subsidiaries (other than Immaterial Subsidiaries), and any such event described in this clause (i) and (iif) shall continue for sixty (60) 60 days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Cypress Semiconductor 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 the Borrower or any of its Restricted Subsidiaries Subsidiary that is not a Debtor in an involuntary case under any Debtor Relief Law now or hereafter in effectLaws, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal federal, state or state Lawforeign law; or (ii) an involuntary case shall be commenced against the Borrower or any of its Restricted Subsidiaries Subsidiary that is not a Debtor under any Debtor Relief Law now or hereafter in effectLaws; or a decree or order of a court having jurisdiction in the premises for the involuntary appointment of a an interim receiver, receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Borrower or any of its Restricted SubsidiariesSubsidiary that is not a Debtor, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee receiver, liquidator, sequestrator, trustee, custodian or other custodian of the Borrower officer having similar powers over any Restricted Subsidiary that is not a Debtor, or any of its Restricted Subsidiaries for 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 the Borrower or any of its Restricted SubsidiariesSubsidiary that is not a Debtor, and any such event described in this clause (i) and (ii) shall continue for sixty (60) 60 days without having been dismissed, bonded or discharged; or;
Appears in 1 contract
Samples: Superpriority Secured Debtor in Possession Credit and Guaranty Agreement (Fusion Connect, 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 Borrower Molycorp or any of its Restricted Material Subsidiaries in an involuntary case under any Debtor Relief Law Laws now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state Lawlaw; or (ii) (A) an involuntary case shall be commenced against the Borrower Molycorp or any of its Restricted Material Subsidiaries under any Debtor Relief Law Laws now or hereafter in effect; effect or (B) a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, judicial manager, sequestrator, trustee, custodian or other officer having similar powers over the Borrower Molycorp or any of its Restricted Material Subsidiaries, or over all or a substantial part of its property, shall have been entered; entered or (C) there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Borrower Molycorp or any of its Restricted Material Subsidiaries for all or a substantial part of its property; property or (D) a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Borrower Molycorp or any of its Restricted Material Subsidiaries, and any such event described in this clause (i) and (ii) shall continue for sixty (60) 60 days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Credit Agreement (Molycorp, 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 Borrower any Credit Party or any of its Restricted Subsidiaries (other than an Immaterial Subsidiary) in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state Lawlaw; or (ii) an involuntary case shall be commenced against the Borrower any Credit Party or any of its Restricted Subsidiaries (other than an Immaterial Subsidiary) under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Borrower any Credit Party or any of its Restricted SubsidiariesSubsidiaries (other than an Immaterial Subsidiary), or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim a receiver, trustee liquidator, sequestrator, trustee, custodian or other custodian officer of the Borrower any Credit Party or any of its Restricted Subsidiaries (other than an Immaterial Subsidiary) for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Borrower any Credit Party or any of its Restricted SubsidiariesSubsidiaries (other than an Immaterial Subsidiary), and any such event described in this clause (i) and (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Priority Technology Holdings, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i1) A court of competent having jurisdiction shall enter a decree or order for relief in respect of the Borrower LSAI or any of its Restricted Material Subsidiaries in an involuntary case under any Debtor Relief Law now or hereafter in effectapplicable Insolvency Law, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state Insolvency Law; or or
(ii2) an involuntary case shall be commenced against the Borrower or any of its Restricted Subsidiaries under any Debtor Relief Law now or hereafter in effect; or a A decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Borrower LSAI or any of its Restricted Subsidiaries, 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 the Borrower LSAI or any of its Restricted Material Subsidiaries 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 Borrower LSAI or any of its Restricted Material Subsidiaries, and the continuance of any such event events described in this clause subsection (if)(2) and (ii) shall continue for sixty (60) 60 days without having been unless stayed, dismissed, bonded or discharged; or
(3) an involuntary case under any applicable Insolvency Law shall have been commenced against LSAI or any of its Material Subsidiaries and shall not have been dismissed within 120 days after the commencement of such case; provided, however, that the entry of a decree or order described in this subsection 8.01(f) shall not constitute an Event of Default where the effect of such decree or order is the confiscation or expropriation by a country which is not a member of the OECD (or a Governmental Authority of such a country) of the equity interests or substantially all of the assets of a Material Subsidiary; 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 the Borrower Borrower, Mortgagor, Guarantor or any of its Restricted their respective Subsidiaries in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable U.S. federal or state Lawlaw; or (ii) an involuntary case shall be commenced against the Borrower Borrower, Mortgagor, Guarantor or any of its Restricted their respective Subsidiaries under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Borrower Borrower, Mortgagor, Guarantor or any of its Restricted their respective 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 Borrower Borrower, Mortgagor, Guarantor or any of its Restricted their respective Subsidiaries for all or a substantial part of its their property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Borrower Borrower, Mortgagor, Guarantor or any of its Restricted their respective Subsidiaries, and any such event described in this clause (i) and (ii) shall continue for sixty thirty (6030) days without having been dismissed, bonded or discharged; or;
Appears in 1 contract
Samples: Credit Agreement (America First Multifamily Investors, L.P.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of the Borrower any Loan Party or any of its Restricted Subsidiaries in an involuntary case under any Debtor Relief Law now or hereafter in effectLaw, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state Lawlaw; or (ii) an involuntary case shall be commenced against the Borrower any Loan Party or any of its Restricted Subsidiaries under any Debtor Relief 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, custodian or other officer having similar powers over the Borrower any Loan Party 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 Borrower any Loan Party 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 the Borrower any Loan Party or any of its Restricted Subsidiaries, and any such event described in this clause (i) and (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 the Borrower or any of its Restricted Subsidiaries Subsidiary in an involuntary case under any Debtor Relief Law now or hereafter in effectLaws, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal federal, state or state Lawforeign law; or (ii) an involuntary case shall be commenced against the Borrower or any of its Restricted Subsidiaries Subsidiary under any Debtor Relief Law now or hereafter in effectLaws; or a decree or order of a court having jurisdiction in the premises for the involuntary appointment of a an interim receiver, receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Borrower or any of its Restricted 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 receiver, liquidator, sequestrator, trustee, custodian or other custodian of officer having similar powers over the Borrower or any of its Restricted 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 the Borrower or any of its Restricted SubsidiariesSubsidiary, and any such event described in this clause (i) and (ii) shall continue for sixty (60) 60 days without having been dismissed, bonded or discharged; or;
Appears in 1 contract
Samples: Super Senior Secured Credit Agreement (Fusion Connect, 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 the Borrower Borrowers or any of its Restricted their Subsidiaries (other than Immaterial Subsidiaries) in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state Lawlaw; or or
(ii) an involuntary case shall be commenced against the Borrower Borrowers or any of its Restricted their Subsidiaries (other than Immaterial Subsidiaries) under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Borrower Borrowers or any of its Restricted their Subsidiaries (other than Immaterial Subsidiaries), or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Borrower Borrowers or any of its Restricted their Subsidiaries (other than 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 the Borrower Borrowers or any of its Restricted their Subsidiaries (other than Immaterial Subsidiaries), and any such event described in this clause (i) and (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Senior Secured Credit Agreement (Amf Bowling Worldwide 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 Borrower DUHI or any of its Restricted Subsidiaries in an involuntary case under any Debtor Relief Law Laws now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state Lawlaw; or (ii) an involuntary case shall be commenced against the Borrower DUHI or any of its Restricted Subsidiaries under any Debtor Relief Law Laws now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Borrower DUHI 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 Borrower DUHI 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 the Borrower DUHI or any of its Restricted Subsidiaries, and any such event described in this clause (i) and (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Reimbursement and Guaranty Agreement (Delek US 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 the Borrower Borrower, any Guarantor or any of its Restricted the Borrower’s Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state Lawlaw; or (ii) an involuntary case shall be commenced against the Borrower Borrower, any Guarantor or any of its Restricted the Borrower’s Material Subsidiaries under the Bankruptcy Code or under any Debtor Relief Law 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 the Borrower Borrower, any Guarantor or any of its Restricted the Borrower’s Material Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee trustee, conservator or other custodian of the Borrower Borrower, any Guarantor or any of its Restricted the Borrower’s 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 the Borrower Borrower, any Guarantor or any of its Restricted the Borrower’s Material Subsidiaries, and any such event described in this clause (i) and (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Covia 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 the Borrower Borrowers or any of its Restricted their respective Subsidiaries (other than an Immaterial Subsidiary) in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state Lawlaw; or (ii) an involuntary case shall be commenced against the Borrower Borrowers or any of its Restricted their respective Subsidiaries (other than an Immaterial Subsidiary) under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Borrower Borrowers or any of their respective Subsidiaries other than its Restricted 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 the Borrower Borrowers or any of their respective Subsidiaries other than its Restricted 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 the Borrower or any of its Restricted Subsidiaries, and any such event described in this clause (i) and (ii) shall continue for sixty (60) 60 consecutive 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 the Borrower Holdings or any of its Restricted Subsidiaries (other than any Insignificant Subsidiary) in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state Lawlaw; or (ii) an involuntary case shall be commenced against the Borrower Holdings or any of its Restricted Subsidiaries (other than any Insignificant Subsidiary) under the Bankruptcy Code or under any Debtor Relief Law 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, manager, administrator, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Borrower Holdings or any of its Restricted SubsidiariesSubsidiaries (other than any Insignificant Subsidiary), or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee trustee, custodian or other custodian similar officer, of the Borrower Holdings or any of its Restricted Subsidiaries (other than any Insignificant 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 Borrower Holdings or any of its Restricted SubsidiariesSubsidiaries (other than any Insignificant Subsidiary), and any such event described in this clause (i) and subclause (ii) shall continue for sixty thirty (6030) days without having been dismissed, withdrawn, bonded or discharged; or
Appears in 1 contract
Samples: Credit Agreement (Handleman Co /Mi/)
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 the Borrower or any of its Restricted Subsidiaries such Subsidiary in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state Lawlaw; or (ii) an involuntary case shall be commenced against such Subsidiary under the Borrower Bankruptcy Code or any of its Restricted Subsidiaries under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Borrower or any of its Restricted 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 or other custodian of the Borrower or any of its Restricted 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 the Borrower or any of its Restricted Subsidiariessuch Subsidiary, and any such event described in this clause (i) and (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. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of the Borrower any Credit Party or any of its Restricted Subsidiaries in an involuntary case under any Debtor Relief Law now or hereafter in effectLaw, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state Lawlaw; or (ii) an involuntary case shall be commenced against the Borrower any Credit Party or any of its Restricted Subsidiaries under any Debtor Relief 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, custodian or other officer having similar powers over the Borrower any Credit Party 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 Borrower any Credit Party 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 the Borrower any Credit Party or any of its Restricted Subsidiaries, and any such event described in this clause (i) and (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Credit and Guaranty Agreement (OneWater Marine 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 Borrower or any of its Restricted Subsidiaries in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayedstayed within 30 days; or any other similar relief shall be granted under any applicable federal or state Lawlaw and not stayed within 30 days; or (ii) an involuntary case shall be commenced against the Borrower or any of its Restricted Subsidiaries under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Borrower or any of 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 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 the Borrower or any of its Restricted Subsidiaries, and any such event described in this clause (i) and (ii) shall continue for sixty (60) 30 days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Kv Pharmaceutical Co /De/)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of the Borrower Holdings or any of its Restricted Subsidiaries in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state Lawlaw; or (ii) an involuntary case shall be commenced against the Borrower Holdings or any of its Restricted Subsidiaries under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Borrower Holdings or 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, receiver-manager, trustee or other custodian of the Borrower Holdings 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 the Borrower Holdings or any of its Restricted Subsidiaries, and any such event described in this clause (i) and (ii) shall continue for sixty (60) thirty days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Term Loan and Guaranty Agreement (Fedders Corp /De)
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 the Borrower or any of its Restricted Subsidiaries in an involuntary case under any Debtor Relief Law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state Law; or (ii) an involuntary case shall be commenced against the Borrower or any of its Restricted Subsidiaries under any Debtor Relief Law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Borrower 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 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 the Borrower or any of its Restricted Subsidiaries, and any such event described in this clause (i) and (ii) shall continue for sixty (60) days 60)days without having been dismissed, vacated, 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 the Borrower Holdings or any of its Restricted Subsidiaries (other than Excluded Foreign Subsidiaries) in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in -132- effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal federal, state or state Lawforeign law; or (ii) an involuntary case shall be commenced against the Borrower Holdings or any of its Restricted Subsidiaries (other than an Excluded Foreign Subsidiary) under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Borrower Holdings or any of its Restricted 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 the Borrower Holdings or any of its Restricted 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 the Borrower Holdings or any of its Restricted SubsidiariesSubsidiaries (other than an Excluded Foreign Subsidiary), and any such event described in this clause (i) and (ii) shall continue for sixty (60) 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 having jurisdiction in the premises shall enter a decree or order for relief in respect of the 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 Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state Lawlaw; or (ii) an involuntary case shall be commenced against the a Borrower or any of its Restricted Subsidiaries or either Phase II Mall Borrower, under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the a Borrower or any of its Restricted SubsidiariesSubsidiaries or either Phase II Mall Borrower, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the 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 the a Borrower or any of its Restricted SubsidiariesSubsidiaries or either Phase II Mall Borrower, and any such 141 event described in this clause (i) and (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. 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 the Borrower Parent or any of its Restricted Subsidiaries in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, 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 federal, state or state Lawforeign law; or (ii) an involuntary case shall be commenced against the Borrower Parent or any of its Restricted Subsidiaries under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, 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, custodian or other officer having similar powers over the Borrower Parent 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 Borrower Parent 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 the Borrower Parent or any of its Restricted Subsidiaries, and any such event described in this clause (i) and (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Second Lien 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 the Borrower Borrowers or any of its Restricted their Subsidiaries (other than Immaterial Subsidiaries) in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state Lawlaw; or (ii) an involuntary case shall be commenced against the Borrower Borrowers or any of its Restricted their Subsidiaries (other than Immaterial Subsidiaries) under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Borrower Borrowers or any of its Restricted their Subsidiaries (other than Immaterial Subsidiaries), or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Borrower Borrowers or any of its Restricted their Subsidiaries (other than 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 the Borrower Borrowers or any of its Restricted their Subsidiaries (other than Immaterial Subsidiaries), and any such event described in this clause (i) and (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Credit Agreement (La Quinta Corp)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of the Borrower or any of its Restricted Subsidiaries Cablevisión in an involuntary case under any Debtor Relief Law Laws now or hereafter in effect, which decree or order is not stayed; , or any other similar relief shall be granted under any applicable federal or state Lawlaw; or (ii) an involuntary case shall be commenced against the Borrower or any of its Restricted Subsidiaries Cablevisión under any Debtor Relief Law Laws now or hereafter in effect; or (iii) a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Borrower or any of its Restricted SubsidiariesCablevisión, or over all or a substantial part of its their respective property, shall have been entered; or (iv) there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Borrower or any of its Restricted Subsidiaries Cablevisión for all or a substantial part of its property; or (v) a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Borrower or any of its Restricted SubsidiariesCablevisión, and any such event described in this clause (i) and (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. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of the Parent, the Borrower or any of its Restricted Subsidiaries the Servicer in an involuntary case under any Debtor Relief 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 federal or state Applicable Law; or (ii) an involuntary case shall be commenced against the Parent, the Borrower or any of its Restricted Subsidiaries the Servicer under any Debtor Relief 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, custodian or other officer having similar powers over the Parent, the Borrower or any of its Restricted 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 or other custodian of the Parent, the Borrower or any of its Restricted 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 the Parent, the Borrower or any of its Restricted Subsidiariesthe Servicer, and any such event described in this clause (i) and (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 having jurisdiction in the premises shall enter a decree or order for relief in respect of the Holdings, Borrower or any of its Restricted Subsidiaries in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state Lawlaw; or or
(ii) an involuntary case shall be commenced against the Holdings, Borrower or any of its Restricted Subsidiaries under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Holdings, Borrower 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 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 the Holdings, Borrower or any of its Restricted Subsidiaries, and any such event described in this clause (i) and (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 jurisdiction shall enter a decree or order for relief in respect of the Borrower or any of its Restricted Material Subsidiaries in an involuntary case under any Debtor Relief Law Laws now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state Lawlaw; or (ii) (A) an involuntary case shall be commenced against the Borrower or any of its Restricted Material Subsidiaries under any Debtor Relief Law Laws now or hereafter in effect; effect or (B) a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, judicial manager, sequestrator, trustee, custodian or other officer having similar powers over the Borrower or any of its Restricted Material Subsidiaries, or over all or a substantial part of its property, shall have been entered; entered or (C) there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Borrower or any of its Restricted Material Subsidiaries for all or a substantial part of its property; property or (D) a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Borrower or any of its Restricted Material Subsidiaries, and any such event described in this clause (i) and (ii) shall continue for sixty (60) 60 days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Credit Agreement (Molycorp, 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 the New Holdings, any Borrower or any of its Restricted Material Subsidiaries in an involuntary case under any Debtor Relief Law now or hereafter in effect, the Bankruptcy Code which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state Law; or (ii) an involuntary case shall be commenced against the New Holdings, any Borrower or any of its Restricted Material Subsidiaries under any Debtor Relief Law now or hereafter in effectthe Bankruptcy Code; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the New Holdings, any Borrower or any of its Restricted 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 the New Holdings, any Borrower or any of its Restricted 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 the New Holdings, any Borrower or any of its Restricted Material Subsidiaries, and any such event described in this clause (i) and (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 the Borrower Company or any of its Restricted Material Subsidiaries in an involuntary case under any Debtor Relief Law now or hereafter in effectLaw, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal federal, state or state Lawforeign law; or (ii) an involuntary case shall be commenced against the Borrower Company or any of its Restricted Material Subsidiaries under any Debtor Relief 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, custodian or other officer having similar powers over the Borrower Company or any of its Restricted 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 the Borrower Company or any of its Restricted 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 the Borrower Company or any of its Restricted Material Subsidiaries, and any such event described in this clause (i) and (ii) shall continue for sixty (60) 60 days without having been dismissed, bonded unless dismissed 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 the Borrower Company or any of its Restricted Subsidiaries in an involuntary case under any Debtor Relief Law now or hereafter in effectLaw, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state Lawlaw; or
(ii) an involuntary case shall be commenced against the Borrower Holdings, Company or any of its Restricted Subsidiaries under any Debtor Relief 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, custodian or other officer having similar powers over the Borrower Holdings, 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 Borrower Holdings, Company 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 the Borrower Holdings, Company or any of its Restricted Subsidiaries, and any such event described in this clause (i) and (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Note Purchase Agreement (Capstone Green Energy Holdings, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of the Borrower or any of its Restricted Subsidiaries in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state Lawlaw; or (ii) (ii) an involuntary case shall be commenced against the Borrower or any of its Restricted Subsidiaries under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Borrower or any of 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 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 the Borrower or any of its Restricted Subsidiaries, and any such event described in this clause (i) and (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. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of the Borrower Company or any of its Restricted Subsidiaries (other than an Insignificant Subsidiary) in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state Lawlaw; or (ii) an involuntary case shall be commenced against the Borrower Company or any of its Restricted Subsidiaries (other than an Insignificant Subsidiary) under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Borrower Company or any of its Restricted SubsidiariesSubsidiaries (other than an Insignificant Subsidiary), or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Borrower Company or any of its Restricted Subsidiaries (other than an Insignificant 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 Borrower Company or any of its Restricted SubsidiariesSubsidiaries (other than an Insignificant Subsidiary), and any such event described in this clause (i) and (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 Ultimate Parent, Holdings, the Borrower Borrowers or any of its Restricted the Subsidiaries (other than an Immaterial Subsidiary) in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state Lawlaw; or (ii) an involuntary case shall be commenced against Ultimate Parent, Holdings, the Borrower Borrowers or any of its Restricted the Subsidiaries (other than an Immaterial Subsidiary) under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Ultimate Parent, Holdings, the Borrower Borrowers or any of its Restricted the Subsidiaries other than any Immaterial Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Ultimate Parent, Holdings, the Borrower Borrowers or any of its Restricted the Subsidiaries other than any 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 the Borrower or any of its Restricted Subsidiaries, and any such event described in this clause (i) and (ii) shall continue for sixty (60) 60 consecutive 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 the Parent or the Borrower or any of its Restricted Subsidiaries in an involuntary case under any Debtor Relief Law Laws now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state Lawlaw; or (ii) an involuntary case shall be commenced against the Parent or the Borrower under the Bankruptcy Code or any of its Restricted Subsidiaries under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Borrower Parent or any of its Restricted Subsidiariesthe Borrower, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Parent or the 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 the Borrower or any of its Restricted SubsidiariesParent, and in the case of Parent, any such event described in this clause (i) and (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, the Borrower or any of its Restricted their respective Subsidiaries (other than an Immaterial Subsidiary) in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state Lawlaw; or (ii) an involuntary case shall be commenced against Holdings, the Borrower or any of its Restricted their respective Subsidiaries (other than an Immaterial Subsidiary) under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, the Borrower or any of its Restricted Subsidiariestheir respective Subsidiaries (other than any Immaterial Subsidiary), or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower or any of its Restricted their respective Subsidiaries (other than any Immaterial Subsidiary) for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Borrower or any of its Restricted Subsidiaries, and any such event described in this clause (i) and (ii) shall continue for sixty (60) 60 consecutive days without having been dismissed, vacated, bonded or discharged; or
Appears in 1 contract
Samples: First Lien Term Loan Agreement (Interline Brands, Inc./De)
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 the Holdings, any Borrower or any of its Restricted Material Subsidiaries in an involuntary case under any Debtor Relief Law now or hereafter in effect, the Bankruptcy Code which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state Law; or (ii) an involuntary case shall be commenced against the Holdings, any Borrower or any of its Restricted Material Subsidiaries under any Debtor Relief Law now or hereafter in effectthe Bankruptcy Code; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Holdings, any Borrower or any of its Restricted 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 the Holdings, any Borrower or any of its Restricted 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 the Holdings, any Borrower or any of its Restricted Material Subsidiaries, and any such event described in this clause (i) and (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 jurisdiction shall enter a decree or order for relief in respect of the Borrower Holdings or any of its Restricted Subsidiaries (other than any Insignificant Subsidiary) in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state Lawlaw; or (ii) an involuntary case shall be commenced against the Borrower Holdings or any of its Restricted Subsidiaries (other than any Insignificant Subsidiary) under the Bankruptcy Code or under any Debtor Relief Law 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, manager, administrator, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Borrower Holdings or any of its Restricted SubsidiariesSubsidiaries (other than any Insignificant Subsidiary), or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee trustee, custodian or other custodian similar officer, of the Borrower Holdings or any of its Restricted Subsidiaries (other than any Insignificant 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 Borrower Holdings or any of its Restricted SubsidiariesSubsidiaries (other than any Insignificant Subsidiary), and any such event described in this clause (i) and (ii) shall continue for sixty thirty (6030) days without having been dismissed, withdrawn, 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 the Borrower or any of its Restricted Subsidiaries Material Subsidiary in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayedstayed within 60 days of the entry thereof; or any other similar relief shall be granted under any applicable federal or state Lawlaw and such relief is not stayed within 60 days of the granting thereof; or or
(ii) an An involuntary case shall be commenced against the Borrower or any of its Restricted Subsidiaries Material Subsidiary under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insol- vency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Borrower or any of its Restricted 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 the Borrower or any of its Restricted 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 the Borrower or any of its Restricted SubsidiariesMaterial Subsidiary, and any such event described in this clause (i) and (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 the Borrower MBW LLC, Holdings or Company or any of its Restricted Subsidiaries (other than Immaterial Subsidiaries) in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state Lawlaw; or (ii) an involuntary case shall be commenced against the Borrower MBW LLC, Holdings or Company or any of its Restricted Subsidiaries (other than Immaterial Subsidiaries) under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Borrower MBW LLC, Holdings or Company or any of its Restricted Subsidiaries (other than Immaterial Subsidiaries), or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Borrower MBW LLC, Holdings or Company or any of its Restricted Subsidiaries (other than 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 the Borrower MBW LLC, Holdings or Company or any of its Restricted Subsidiaries (other than Immaterial Subsidiaries), and any such event described in this clause (i) and (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Credit Agreement (MBW Foods 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 Borrower Parent or any of its Restricted Subsidiaries (other than any Nonrecourse Subsidiaries) in an involuntary case under the Bankruptcy Code or under any other applicable Debtor Relief Law or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state Lawlaw; or (ii) a petition with respect to an involuntary case, or such involuntary case shall otherwise be commenced commenced, against the Borrower Parent or any of its Restricted Subsidiaries (other than any Nonrecourse Subsidiaries) under the Bankruptcy Code or under any other applicable Debtor Relief Law or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Borrower Parent or any of its Restricted Subsidiaries (other than any Nonrecourse 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 Borrower Parent or any of its Restricted Subsidiaries (other than any Nonrecourse 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 Borrower Parent or any of its Restricted Subsidiaries (other than any Nonrecourse Subsidiaries), and any such event described in this clause (i) and (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Credit Agreement (Tiptree Inc.)
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 the Borrower Parent or any of its Restricted Parent’s Subsidiaries in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, 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 federal, state or state Lawforeign law; or (ii) an involuntary case shall be commenced against the Borrower Parent or any of its Restricted Parent’s Subsidiaries under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, 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, custodian or other officer having similar powers over the Borrower Parent or any of its Restricted Parent’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 the Borrower Parent or any of its Restricted Parent’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 the Borrower Parent or any of its Restricted Subsidiaries, and any such event described in this clause (i) and (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Senior Secured Revolving 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 the Borrower Holdings or any of its Restricted Subsidiaries (other than Excluded Subsidiaries) in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state Lawlaw; or (ii) an involuntary case shall be commenced against the Borrower Holdings or any of its Restricted Subsidiaries (other than Excluded Subsidiaries) under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Borrower Holdings or any of its Restricted Subsidiaries (other than Excluded Subsidiaries), or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Borrower Holdings or any of its Restricted Subsidiaries (other than 130 Excluded 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 Borrower Holdings or any of its Restricted Subsidiaries (other than Excluded Subsidiaries), and any such event described in this clause (i) and (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Revolving Credit Agreement (Anthony Crane Holdings Capital Corp)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of the Borrower or any of its Restricted Subsidiaries (other than an Excluded Foreign Subsidiary) in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state Lawlaw; or (ii) an involuntary case shall be commenced against the Borrower or any of its Restricted Subsidiaries (other than an Excluded Foreign Subsidiary) under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Borrower or any of its Restricted 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 the Borrower or any of its Restricted 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 the Borrower or any of its Restricted SubsidiariesSubsidiaries (other than an Excluded Foreign Subsidiary), and any such event described in this clause (i) and (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 the Chapter 11 Cases or 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 the Borrower or any of its Restricted Holdings’ Subsidiaries in an involuntary case under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, 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 federal, state or state Lawforeign law; or (ii) an involuntary case shall be commenced against the Borrower or any of its Restricted Holdings’ Subsidiaries under the Bankruptcy Code or under any Debtor Relief Law other applicable bankruptcy, 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, custodian or other officer having similar powers over the Borrower or any of its Restricted Holdings’ 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 Borrower or any of its Restricted Holdings’ 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 Borrower Holdings or any of its Restricted Subsidiaries, and any such event described in this clause (i) and (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Senior Secured Debtor in Possession Term Loan 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 the Holdings, any Borrower or any of its Restricted Material Subsidiaries in an involuntary case under any Debtor Relief Law now or hereafter in effect, the Bankruptcy Code which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state Law; or or
(ii) an involuntary case shall be commenced against the Holdings, any Borrower or any of its Restricted Material Subsidiaries under any Debtor Relief Law now or hereafter in effectthe Bankruptcy Code; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Holdings, any Borrower or any of its Restricted 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 the Holdings, any Borrower or any of its Restricted 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 the Holdings, any Borrower or any of its Restricted Material Subsidiaries, and any such event described in this clause (i) and (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or
Appears in 1 contract
