Common use of Involuntary Bankruptcy Proceedings Clause in Contracts

Involuntary Bankruptcy Proceedings. (i) A petition or application shall be filed for the appointment of a trustee or other custodian, liquidator, receiver or similar official of the Borrower, any Guarantor or any of their respective Subsidiaries or any substantial part of the assets of any thereof, or a case or other proceeding shall be commenced against any such Person under any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution or liquidation or similar law of any jurisdiction, now or hereafter in effect, and any such Person shall indicate its approval thereof, consent thereto or acquiescence therein or such petition, application, case or proceeding shall not have been dismissed within ninety (90) days following the filing or commencement thereof; or (ii) a decree or order is entered appointing a trustee, custodian, liquidator, receiver or similar official for the Borrower, any Guarantor or any of their respective Subsidiaries or adjudicating any such Person, bankrupt or insolvent, or approving a petition in any such case or other proceeding, or a decree or order for relief is entered in respect of any such Person in an involuntary case under foreign or federal bankruptcy, insolvency, debtor relief or similar laws as now or hereafter constituted provided that the events described in this §10.1(g) as to any Subsidiary of the Borrower that is not a Guarantor or Unencumbered Pool Asset Owner shall not constitute an Event of Default unless the value of the assets of any such Subsidiary or Subsidiaries that is not a Guarantor or Unencumbered Pool Asset Owner (calculated, to the extent applicable, consistent with the calculation of Consolidated Total Adjusted Asset Value) subject to an event or events described in §10.1(f) and §10.1(g) exceeds $100,000,000.00 individually or in the aggregate;

Involuntary Bankruptcy Proceedings. (i) A petition or application shall be filed for the appointment of a trustee or other custodian, liquidator, liquidator or receiver or similar official of the Borrower, any Guarantor or any of their respective Subsidiaries or any substantial part of the assets of any thereof, or a case or other proceeding shall be commenced against any such Person under any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution or liquidation or similar law of any jurisdiction, now or hereafter in effect, and any such Person shall indicate its approval thereof, consent thereto or acquiescence therein or such petition, application, case or proceeding shall not have been dismissed within ninety (90) days following the filing or commencement thereof; or (ii) a decree or order is entered appointing a trustee, custodian, liquidator, liquidator or receiver or similar official for the Borrower, any Guarantor or any of their respective Subsidiaries or adjudicating any such Person, bankrupt or insolvent, or approving a petition in any such case or other proceeding, or a decree or order for relief is entered in respect of any such Person in an involuntary case under foreign or federal bankruptcy, insolvency, debtor relief or similar bankruptcy laws as now or hereafter constituted provided that the events described in this §10.1(g) as to any Subsidiary of the Borrower that is not a Guarantor or Unencumbered Pool Asset Owner shall not constitute an Event of Default unless the value of the assets of any such Subsidiary or Subsidiaries that is not a Guarantor or Unencumbered Pool Asset Owner (calculated, to the extent applicable, consistent with the calculation of Consolidated Total Adjusted Asset Value) subject to an event or events described in §10.1(f) and §10.1(g) exceeds $100,000,000.00 35,000,000.00 individually or in the aggregate;

Involuntary Bankruptcy Proceedings. (i) A petition or application shall be filed for the appointment of a trustee or other custodian, liquidatorliquidator or, receiver or similar official of the Borrower, any Guarantor or any of their respective Subsidiaries or any substantial part of the assets of any thereof, or a case or other proceeding shall be commenced against any such Person under any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution or liquidation or similar law of any jurisdiction, now or hereafter in effect, and any such Person shall indicate its approval thereof, consent thereto or acquiescence therein or such petition, application, case or proceeding shall not have been dismissed within ninety (90) days following the filing or commencement thereof; or (ii) a decree or order is entered appointing a trustee, custodian, liquidatorliquidator or, receiver or similar official for the Borrower, any Guarantor or any of their respective Subsidiaries or adjudicating any such Person, bankrupt or insolvent, or approving a petition in any such case or other proceeding, or a decree or order for relief is entered in respect of any such Person in an involuntary case under foreign or federal bankruptcy, insolvency, debtor relief or similar laws as now or hereafter constituted provided that the events described in this §10.1(g) as to any Subsidiary of the Borrower that is not a Guarantor or Unencumbered Pool Asset Owner shall not constitute an Event of Default unless the value of the assets of any such Subsidiary or Subsidiaries that is not a Guarantor or Unencumbered Pool Asset Owner (calculated, to the extent applicable, consistent with the calculation of Consolidated Total Adjusted Asset Value) subject to an event or events described in §10.1(f) and §10.1(g) exceeds $100,000,000.00 35,000,000.00100,000,000.00 individually or in the aggregate;; 108