Common use of Involuntary Bankruptcy Proceeding Clause in Contracts

Involuntary Bankruptcy Proceeding. A case or other proceeding shall be commenced against the Borrower or any of its Subsidiaries in any court of competent jurisdiction seeking (i) relief under the federal bankruptcy laws (as now or hereafter in effect) or under any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or adjustment of debts, (ii) the appointment of a trustee, receiver, custodian, liquidator or the like of the Borrower, any of its Subsidiaries or of all or any substantial part of the assets, domestic or foreign, of the Borrower or any of its Subsidiaries, and such case or proceeding shall continue undismissed or unstayed for a period of 60 consecutive calendar days, or an order granting the relief requested in such case or proceeding against the Borrower or any of its Subsidiaries (including, but not limited to, an order for relief under such federal bankruptcy laws) shall be entered.

Appears in 6 contracts

Samples: Loan and Security Agreement (Burke Industries Inc /Ca/), Loan and Security Agreement (Nabi /De/), Loan and Security Agreement (Texfi Industries Inc)

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Involuntary Bankruptcy Proceeding. A case or other proceeding shall be commenced against Inergy, L.P., the Borrower or any Subsidiary of its Subsidiaries the Borrower in any court of competent jurisdiction seeking seeking (i) relief under the federal bankruptcy laws (as now or hereafter in effect) or under any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or adjustment of debts, , or (ii) the appointment of a trustee, receiver, custodian, liquidator or the like for Inergy, L.P., the Borrower or any Subsidiary of the Borrower, any of its Subsidiaries Borrower or of for all or any substantial part of the their respective assets, domestic or foreign, of the Borrower or any of its Subsidiaries, and such case or proceeding shall continue undismissed or unstayed for a period of 60 sixty (60) consecutive calendar days, or an order granting the relief requested in such case or proceeding against the Borrower or any of its Subsidiaries (including, but not limited to, an order for relief under such federal bankruptcy laws) shall be entered.

Appears in 2 contracts

Samples: Credit Agreement (Inergy L P), Credit Agreement (Inergy L P)

Involuntary Bankruptcy Proceeding. A case or other proceeding shall be commenced against the any Borrower or any of its Subsidiaries in any court of competent jurisdiction seeking seeking (i) relief under the federal bankruptcy laws (as now or hereafter in effect) or under any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or adjustment of debts, , (ii) the appointment of a trustee, receiver, custodian, liquidator or the like of the any Borrower, any of its Subsidiaries or of all or any substantial part of the assets, domestic or foreign, of the such Borrower or any of its Subsidiaries, and such case or proceeding shall continue undismissed or unstayed for a period of 60 consecutive calendar days, or an order granting the relief requested in such case or proceeding against the such Borrower or any of its Subsidiaries (including, but not limited to, an order for relief under such federal bankruptcy laws) shall be entered.

Appears in 2 contracts

Samples: Loan and Security Agreement (Trism Inc /De/), Loan and Security Agreement (Trism Inc /De/)

Involuntary Bankruptcy Proceeding. A case or other proceeding shall be commenced against the Borrower or any of its Subsidiaries in any court of competent jurisdiction seeking seeking (i) relief under the federal bankruptcy laws (as now or hereafter in effect) or under any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or adjustment of debts, ; or (ii) the appointment of a trustee, receiver, custodian, liquidator or the like of for the Borrower, Borrower or any of its Subsidiaries or of for all or any substantial part of the its assets, domestic or foreign, of the Borrower and (A) such Person shall consent to or fail to contest in a timely and appropriate manner any of its Subsidiaries, and such case or proceeding or (B) such case or proceeding shall continue undismissed or unstayed for a period of 60 sixty (60) consecutive calendar days, or an order granting the relief requested in such case or proceeding against the Borrower or any of its Subsidiaries (including, but not limited to, an order for relief under such federal bankruptcy laws) shall be entered.

Appears in 2 contracts

Samples: Credit Agreement (Rural Metro of Ohio Inc), Credit Agreement (Rural Metro Corp /De/)

Involuntary Bankruptcy Proceeding. A case or other proceeding shall be commenced against the Borrower or any of its Subsidiaries in any court of competent jurisdiction seeking seeking (i) relief under the federal bankruptcy laws (as now or hereafter in effect) or under any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or adjustment of debts, , (ii) the appointment of a trustee, receiver, custodian, liquidator or the like of the Borrower, any of its Subsidiaries or of all or any substantial part of the assets, domestic or foreign, of the Borrower or any of its Subsidiaries, and such case case, proceeding or proceeding appointment shall continue undismissed or unstayed for a period of 60 consecutive calendar days, or an order granting the relief requested in such case or proceeding against the Borrower or any of its Subsidiaries (including, but not limited to, an order for relief under such federal bankruptcy laws) shall be entered.

Appears in 2 contracts

Samples: Loan and Security Agreement (Ithaca Industries Inc), Loan and Security Agreement (Ithaca Industries Inc)

Involuntary Bankruptcy Proceeding. A case or other proceeding shall be --------------------------------- commenced against Inergy, L.P., the Borrower or any Subsidiary of its Subsidiaries the Borrower in any court of competent jurisdiction seeking seeking (i) relief under the federal bankruptcy laws (as now or hereafter in effect) or under any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or adjustment of debts, , or (ii) the appointment of a trustee, receiver, custodian, liquidator or the like for Inergy, L.P., the Borrower or any Subsidiary of the Borrower, any of its Subsidiaries Borrower or of for all or any substantial part of the their respective assets, domestic or foreign, of the Borrower or any of its Subsidiaries, and such case or proceeding shall continue undismissed or unstayed for a period of 60 sixty (60) consecutive calendar days, or an order granting the relief requested in such case or proceeding against the Borrower or any of its Subsidiaries (including, but not limited to, an order for relief under such federal bankruptcy laws) shall be entered.

Appears in 2 contracts

Samples: Credit Agreement (Inergy L P), Credit Agreement (Inergy L P)

Involuntary Bankruptcy Proceeding. A case or other proceeding --------------------------------- shall be commenced against the Borrower or any of its Subsidiaries in any court of competent jurisdiction seeking seeking (i) relief under the federal bankruptcy laws (as now or hereafter in effect) or under any other laws, domestic or foreign, relating to bankruptcy, insolvency, ,. reorganization, winding up or adjustment of debts, , or (ii) the appointment of a trustee, receiver, custodian, liquidator or the like of the Borrower, Borrower or any of its Subsidiaries or of all or any substantial part of the assets, domestic or foreign, of the Borrower or any of its Subsidiaries, and such case or proceeding shall continue undismissed or unstayed for a period of 60 consecutive calendar days, or an order granting the relief requested in such case or proceeding against the Borrower or any of its Subsidiaries (including, but not limited to, an order for relief under such federal bankruptcy laws) shall be entered.

Appears in 1 contract

Samples: Loan and Security Agreement (Acr Group Inc)

Involuntary Bankruptcy Proceeding. A case or other proceeding shall be commenced against the Borrower or any of its Subsidiaries Subsidiary in any court of competent jurisdiction seeking (i) relief under the federal bankruptcy laws (as now or hereafter in effect) or under any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or adjustment of debts,, or (ii) the appointment of a trustee, receiver, custodian, liquidator or the like of the Borrower, Borrower or any of its Subsidiaries Subsidiary or of all or any substantial part of the assets, domestic or foreign, of the Borrower or any of its SubsidiariesSubsidiary, and such case or proceeding shall continue undismissed or unstayed for a period of 60 consecutive calendar days, or an order granting the relief requested in such case or proceeding against the Borrower or any of its Subsidiaries Subsidiary (including, but not limited to, an order for relief under such federal bankruptcy laws) shall be entered.

Appears in 1 contract

Samples: Loan and Security Agreement (Syratech Corp)

Involuntary Bankruptcy Proceeding. A case or other --------------------------------- proceeding shall be commenced against the Borrower Wilmar or any of its Subsidiaries Subsidiary thereof in any court of competent jurisdiction seeking seeking (i) relief under the federal bankruptcy laws (as now or hereafter in effect) or under any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or adjustment of debts, , and such case or proceeding shall continue without dismissal or stay for a period of sixty (60) consecutive days or an order granting the relief requested in such case or proceeding (including but not limited to, an order for relief under such federal bankruptcy laws) shall be entered or (ii) the appointment of a trustee, receiver, custodian, liquidator or the like of the Borrower, for Wilmar or any of its Subsidiaries Subsidiary thereof or of for all or any substantial part of the their respective assets, domestic or foreign, of the Borrower or any of its Subsidiaries, and such case or proceeding shall continue undismissed without dismissal or unstayed stay for a period of 60 sixty (60) consecutive calendar days, or an order granting the relief requested in such case or proceeding against the Borrower or any of its Subsidiaries (including, but not limited to, an order for relief under such federal bankruptcy laws) shall be entered.

Appears in 1 contract

Samples: Credit Agreement (Wilmar Industries Inc)

Involuntary Bankruptcy Proceeding. A case or other proceeding shall be commenced against the any Borrower or any of its Subsidiaries in any court of competent jurisdiction seeking seeking (i) relief under the federal bankruptcy laws (as now or hereafter in effect) or under any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or adjustment of debts, , (ii) the appointment of a trustee, receiver, custodian, liquidator or the like of the any Borrower, any of its Subsidiaries or of all or any substantial part of the assets, domestic or foreign, of the such Borrower or any of its Subsidiaries, and such case or proceeding shall continue undismissed or unstayed for a period of 60 sixty (60) consecutive calendar days, or an order granting the relief requested in such case or proceeding against the such Borrower or any of its Subsidiaries (including, but not limited to, an order for relief under such federal bankruptcy laws) shall be entered.

Appears in 1 contract

Samples: Loan and Security Agreement (Tropical Sportswear International Corp)

Involuntary Bankruptcy Proceeding. A case or other proceeding shall be commenced against the Borrower or any Subsidiary of its Subsidiaries the Borrower in any court of competent jurisdiction seeking (i) relief under the federal bankruptcy laws (as now or hereafter in effect) or under any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or adjustment of debts,, or (ii) the appointment of a trustee, receiver, custodian, liquidator or the like of the Borrower, Borrower or any of its Subsidiaries such Subsidiary or of all or any substantial part of the assets, domestic or foreign, of the Borrower or any of its Subsidiariessuch Subsidiary, and such case or proceeding shall continue undismissed or unstayed for a period of 60 consecutive calendar days, or an order granting the relief requested in such case or proceeding against the any Borrower or any of its Subsidiaries such Subsidiary (including, but not limited to, an order for relief under such federal bankruptcy laws) shall be entered.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Synthetic Industries Inc)

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Involuntary Bankruptcy Proceeding. A case or other proceeding shall be commenced against the a Borrower or any of its Subsidiaries Subsidiary in any court of competent jurisdiction seeking (i) relief under the federal bankruptcy laws (as now or hereafter in effect) or under any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or adjustment of debts,, 95 102 (ii) the appointment of a trustee, receiver, custodian, liquidator or the like of the a Borrower, any of its Subsidiaries Subsidiary or of all or any substantial part of the assets, domestic or foreign, of the a Borrower or any of its SubsidiariesSubsidiary, and such case or proceeding shall continue undismissed or unstayed for a period of 60 consecutive calendar days, or an order granting the relief requested in such case or proceeding against the such Borrower or any of its Subsidiaries Subsidiary (including, but not limited to, an order for relief under such federal bankruptcy laws) shall be entered.

Appears in 1 contract

Samples: Loan and Security Agreement (Heafner Tire Group Inc)

Involuntary Bankruptcy Proceeding. A case or other proceeding shall be commenced against the Borrower or any of its Subsidiaries in any court of competent jurisdiction seeking (i) relief under the federal bankruptcy laws (as now or hereafter in effect) or under any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or adjustment of debts,, or (ii) the appointment of a trustee, receiver, custodian, liquidator or the like of the Borrower, any of its Subsidiaries or of all or any substantial part of the assets, domestic or foreign, of the Borrower or any of its Subsidiaries, and such case or proceeding shall continue undismissed or unstayed for a period of 60 consecutive calendar days, or an order granting the relief requested in such case or proceeding against the Borrower or any of its Subsidiaries (including, but not limited to, an order for relief under such federal bankruptcy laws) shall be entered.

Appears in 1 contract

Samples: Loan and Security Agreement (Synthetic Industries Inc)

Involuntary Bankruptcy Proceeding. A case or other proceeding shall be commenced against the Borrower or any of its Subsidiaries in any court of competent jurisdiction seeking seeking (i) relief under the federal bankruptcy laws (as now or hereafter in effect) or under any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or adjustment of debts, , or (ii) the appointment of a trustee, receiver, custodian, liquidator or the like of the Borrower, Borrower or any of its Subsidiaries or of all or any substantial part of the assets, domestic or foreign, of the Borrower or any of its Subsidiaries, and such case or proceeding shall continue undismissed or unstayed for a period of 60 consecutive calendar days, or an order granting the relief requested in such case or proceeding against the Borrower or any of its Subsidiaries (including, but not limited to, an order for relief under such federal bankruptcy laws) shall be entered.

Appears in 1 contract

Samples: Loan and Security Agreement (Acr Group Inc)

Involuntary Bankruptcy Proceeding. A case or other proceeding shall be commenced against the Borrower or any of its Subsidiaries in any court of competent jurisdiction seeking : (i) relief under the Bankruptcy Code of 1978, as amended, or other federal bankruptcy laws (as now or hereafter in effect) or under any other lawsApplicable Laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up winding-up, or composition or adjustment of debts, ; or (ii) the appointment of a trustee, receiver, custodian, liquidator or the like of the Borrower, any of its Subsidiaries or of all or any substantial part of the assets, domestic or foreign, of the Borrower or any of its SubsidiariesBorrower, and such case or proceeding shall continue undismissed or unstayed for a period of 60 consecutive calendar days, or an order granting the remedy or other relief requested in such case or proceeding against the Borrower or any of its Subsidiaries (including, but not limited to, an order for relief under such Bankruptcy Code or such other federal bankruptcy laws) shall be entered.

Appears in 1 contract

Samples: Credit Agreement (RMR Asia Pacific Real Estate Fund)

Involuntary Bankruptcy Proceeding. A case or other proceeding shall be commenced against the Borrower or any of its Subsidiaries in any court of competent jurisdiction seeking : (i) relief under the Bankruptcy Code of 1978, as amended or other federal bankruptcy laws (as now or hereafter in effect) or under any other lawsApplicable Law, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up winding-up, or composition or adjustment of debts, ; or (ii) the appointment of a trustee, receiver, custodian, liquidator or the like of the Borrower, any of its Subsidiaries or of all or any substantial part of the assets, domestic or foreign, of the Borrower or any of its SubsidiariesBorrower, and in the case of either clause (i) or (ii) such case or proceeding shall continue undismissed or unstayed for a period of 60 consecutive calendar sixty (60) days, or an order granting the relief requested in such case or proceeding against the Borrower or any of its Subsidiaries (including, but not limited to, an order for relief under such Bankruptcy Code or such other federal bankruptcy laws) shall be entered.

Appears in 1 contract

Samples: Revolving Credit Agreement (TRI Pointe Homes, Inc.)

Involuntary Bankruptcy Proceeding. A case or other proceeding shall be commenced against the Borrower any Obligor or any of its Subsidiaries in any court of competent jurisdiction seeking seeking (i) relief under the federal bankruptcy laws (as now or hereafter in effect) or under any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or adjustment of debts, , or (ii) the appointment of a trustee, receiver, custodian, liquidator or the like of the Borrowersuch Obligor, any of its Subsidiaries or of all or any substantial part of the assets, domestic or foreign, of the Borrower such Obligor or any of its Subsidiaries, and such case or proceeding shall continue undismissed or unstayed for a period of 60 consecutive calendar days, or an order granting the relief requested in such case or proceeding against the Borrower such Obligor or any of its Subsidiaries (including, but not limited to, including an order for relief under such federal bankruptcy laws) shall be entered.

Appears in 1 contract

Samples: Loan and Security Agreement (Tultex Corp)

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