Common use of Involuntary Bankruptcy or Other Proceeding Clause in Contracts

Involuntary Bankruptcy or Other Proceeding. Commencement of an involuntary case or other proceeding against any Bankruptcy Party, or against the assets of any Bankruptcy Party, which seeks liquidation, reorganization or other relief with respect to such Bankruptcy Party or its Debts or other liabilities, or seeks to consolidate the assets of such Bankruptcy Party with the assets of any other Person, under any bankruptcy, insolvency or other similar law now or hereafter in effect, or seeks the appointment of a trustee, receiver, liquidator, custodian or other similar official of it or any of its property; and such involuntary case or other proceeding shall remain undismissed or unstayed for a period of ninety (90) days; or an order for relief against a Bankruptcy Party or its assets shall be entered in any such case under the Federal Bankruptcy Code.

Appears in 3 contracts

Samples: Loan Agreement (Strategic Realty Trust, Inc.), Loan Agreement (Strategic Realty Trust, Inc.), Loan Agreement (Colony Financial, Inc.)

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Involuntary Bankruptcy or Other Proceeding. Commencement of an involuntary case or other proceeding against Borrower, any Bankruptcy Borrower Party or any other Person having an ownership or security interest in a Project (excluding limited partners in Borrower or any Borrower Party) (each, or against the assets of any Bankruptcy Party, a "BANKRUPTCY PARTY") which seeks liquidation, reorganization or other relief with respect to such Bankruptcy Party it or its Debts debts or other liabilities, or seeks to consolidate the assets of such Bankruptcy Party with the assets of any other Person, liabilities under any bankruptcy, insolvency or other similar law now or hereafter in effect, effect or seeks the appointment of a trustee, receiver, liquidator, custodian or other similar official of it or any of its property; , and such involuntary case or other proceeding shall remain undismissed or unstayed for a period of ninety (90) 60 days; or an order for relief against a Bankruptcy Party or its assets shall be entered in any such case under the Federal Bankruptcy Code.

Appears in 2 contracts

Samples: Loan Agreement (American Retirement Corp), Loan Agreement (American Retirement Corp)

Involuntary Bankruptcy or Other Proceeding. Commencement of an involuntary case or other proceeding against Borrower, any Borrower Party or any other Person having an ownership or security interest in the Project to the extent such case or proceeding involves or affects the Project (each, a “Bankruptcy Party, or against the assets of any Bankruptcy Party, ”) which seeks liquidation, reorganization or other relief with respect to such Bankruptcy Party it or its Debts debts or other liabilities, or seeks to consolidate the assets of such Bankruptcy Party with the assets of any other Person, liabilities under any bankruptcy, insolvency or other similar law now or hereafter in effect, effect or seeks the appointment of a trustee, receiver, liquidator, custodian or other similar official of it or any of its property; , and such involuntary case or other proceeding shall remain undismissed or unstayed for a period of ninety (90) 60 days; or an order for relief against a Bankruptcy Party or its assets shall be entered in any such case under the Federal Bankruptcy Code.

Appears in 2 contracts

Samples: Loan Agreement (Campus Crest Communities, Inc.), Loan Agreement (Campus Crest Communities, Inc.)

Involuntary Bankruptcy or Other Proceeding. Commencement of an involuntary case or other proceeding against Borrower, Mortgage Borrower, any Borrower Party or any other Person having an ownership or security interest in the Project (each, a “Bankruptcy Party, or against the assets of any Bankruptcy Party, ”) which seeks liquidation, reorganization or other relief with respect to such Bankruptcy Party Person or its Debts or other liabilities, or seeks to consolidate the assets of such Bankruptcy Party with the assets of any other Person, liabilities under any bankruptcy, insolvency or other similar law now or hereafter in effect, effect or seeks the appointment of a trustee, receiver, liquidator, custodian or other similar official of it or any of its property; , and such involuntary case or other proceeding shall remain undismissed or unstayed for a period of ninety sixty (9060) days; , or an order for relief against a Bankruptcy Party or its assets shall be entered in any such case under the Federal Bankruptcy CodeCode (an “Involuntary Proceeding”).

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Morgans Hotel Group Co.)

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Involuntary Bankruptcy or Other Proceeding. Commencement of an involuntary case or other proceeding against any Bankruptcy Party, or against the assets of any Bankruptcy Party, which seeks liquidation, reorganization or other relief with respect to such Bankruptcy Party or its Debts or other liabilities, or seeks to consolidate the assets of such Bankruptcy Party with the assets of any other Person, under any bankruptcy, insolvency or other similar law now or hereafter in effect, or seeks the appointment of a trustee, receiver, liquidator, custodian or other similar official of it or any of its property; and such involuntary case or other proceeding shall remain undismissed or unstayed for a period of ninety sixty (9060) days; or an order for relief against a Bankruptcy Party or its assets shall be entered in any such case under the Federal Bankruptcy Code.

Appears in 1 contract

Samples: Loan Agreement (Bluerock Residential Growth REIT, Inc.)

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