Common use of INVOLUNTARY CASES, RECEIVERS, ETC Clause in Contracts

INVOLUNTARY CASES, RECEIVERS, ETC. The Borrower Parties shall not apply for, consent to, or aid, solicit, support, or otherwise act, cooperate or collude to cause the appointment of or taking possession by, a receiver, trustee or other custodian for all or a substantial part of the assets of any Borrower. As used in this Loan Agreement, an "INVOLUNTARY BORROWER BANKRUPTCY" means any involuntary case under the Bankruptcy Code or any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, in which any of the Borrowers is a debtor or any portion of the Properties is property of the estate therein. The Borrowers shall not file a petition for, consent to the filing of a petition for, or aid, solicit, support, or otherwise act, cooperate or collude to cause the filing of a petition for an Involuntary Borrower Bankruptcy. In any Involuntary Borrower Bankruptcy, no Borrower Party shall, without the prior written consent of Lender, consent to the entry of any order, file any motion, or support any motion (irrespective of the subject of the motion), and the Borrowers shall not file or support any plan of reorganization. The Borrowers having any interest in any Involuntary Borrower Bankruptcy shall do all things reasonably requested by Lender to assist Lender in obtaining such relief as Lender shall seek, and shall in all events vote as directed by Lender. Without limitation of the foregoing, each such Borrower shall do all things reasonably requested by Lender to support any motion for relief from stay or plan of reorganization proposed or supported by Lender.

Appears in 10 contracts

Samples: Loan and Security Agreement (Lodgian Inc), Loan Agreement (Lodgian Inc), Loan and Security Agreement (Lodgian Inc)

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INVOLUNTARY CASES, RECEIVERS, ETC. The Borrower Parties shall not apply for, consent to, or aid, solicit, support, or otherwise act, cooperate or collude to cause the appointment of or taking possession by, a receiver, trustee or other custodian for all or a substantial part of the assets of any Borrower. As used in this Loan Agreement, an "INVOLUNTARY BORROWER BANKRUPTCY" means “Involuntary Borrower Bankruptcy” shall mean any involuntary case under the Bankruptcy Code or any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, in which any of the Borrowers Borrower is a debtor or any portion of the Properties Sites is property of the estate therein. The Borrowers shall not file a petition for, consent to the filing of a petition for, or aid, solicit, support, or otherwise act, cooperate or collude to cause the filing of a petition for an Involuntary Borrower Bankruptcy. In any Involuntary Borrower Bankruptcy, no Borrower Party shall, without the prior written consent of Lender, consent to the entry of any order, file any motion, or support any motion (irrespective of the subject of the motion), and the Borrowers shall not file or support any plan of reorganization. The Borrowers having any interest in any Involuntary Borrower Bankruptcy shall do all things reasonably requested by Lender to assist Lender in obtaining such relief as Lender shall seek, and shall in all events vote as directed by Lender. Without limitation of the foregoing, each such Borrower shall do all things reasonably requested by Lender to support any motion for relief from stay or plan of reorganization proposed or supported by Lender.

Appears in 3 contracts

Samples: Loan and Security Agreement (American Tower Corp /Ma/), Loan and Security Agreement (American Tower Corp /Ma/), Loan and Security Agreement (Sba Communications Corp)

INVOLUNTARY CASES, RECEIVERS, ETC. The Borrower Parties shall not apply for, consent to, or aid, solicit, support, or otherwise act, cooperate or collude to cause the appointment of or taking possession by, a receiver, trustee or other custodian for all or a substantial part of the assets of any Borrower. As used in this Loan Agreement, an "INVOLUNTARY BORROWER BANKRUPTCY" means shall mean any involuntary case under the Bankruptcy Code or any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, in which any of the Borrowers is a debtor or any portion of the Properties is property of the estate therein. The Borrowers shall not file a petition for, consent to the filing of a petition for, or aid, solicit, support, or otherwise act, cooperate or collude to cause the filing of a petition for an Involuntary Borrower Bankruptcy. In any Involuntary Borrower Bankruptcy, no Borrower Party shall, without the prior written consent of Lender, consent to the entry of any order, file any motion, or support any motion (irrespective of the subject of the motion), and the Borrowers shall not file or support any plan of reorganization. The Borrowers having any interest in any Involuntary Borrower Bankruptcy shall do all things reasonably requested by Lender to assist Lender in obtaining such relief as Lender shall seek, and shall in all events vote as directed by Lender. Without limitation of the foregoing, each such Borrower shall do all things reasonably requested by Lender to support any motion for relief from stay or plan of reorganization proposed or supported by Lender.

Appears in 3 contracts

Samples: Loan and Security Agreement (Global Signal Inc), Loan and Security Agreement (Lodgian Inc), Loan and Security Agreement (Lodgian Inc)

INVOLUNTARY CASES, RECEIVERS, ETC. The No Borrower Parties Party shall not apply for, consent to, or aid, solicit, support, or otherwise act, cooperate or collude to cause the appointment of or taking possession by, a receiver, trustee or other custodian for all or a substantial part of the assets of any Borrowerof the Borrower Parties. As used in this Loan Agreement, an "INVOLUNTARY BORROWER BANKRUPTCY" means shall mean any involuntary case under the Bankruptcy Code or any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, in which any of the Borrowers Borrower Party is a debtor or any portion of the Properties is property of the estate therein. The Borrowers No Borrower Party shall not file a petition for, consent to the filing of a petition for, or aid, solicit, support, or otherwise act, cooperate or collude to cause the filing of a petition for an Involuntary Borrower Bankruptcy. In any Involuntary Borrower Bankruptcy, no Borrower Party shall, without the prior written consent of Lender, consent to the entry of any order, file any motion, or support any motion (irrespective of the subject of the motion), and the Borrowers no Borrower Party shall not file or support any plan of reorganization. The Borrowers Each Borrower Party having any interest in any Involuntary Borrower Bankruptcy shall do all things reasonably requested by Lender to assist Lender in obtaining such relief as Lender shall seek, and shall in all events vote as directed by Lender. Without limitation of the foregoing, each such Borrower Party shall do all things reasonably requested by Lender to support any motion for relief from stay or plan of reorganization proposed or supported by Lender.

Appears in 2 contracts

Samples: Mezzanine Loan Agreement (Lodgian Inc), Mezzanine Loan Agreement (Lodgian Inc)

INVOLUNTARY CASES, RECEIVERS, ETC. The Borrower Parties shall not apply for, consent to, or aid, solicit, support, or otherwise act, cooperate or collude to cause the appointment of or taking possession by, a receiver, trustee or other custodian for all or a substantial part of the assets of any the Borrower. As used in this Loan Agreement, an "INVOLUNTARY BORROWER BANKRUPTCY" means any involuntary case under the Bankruptcy Code or any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, in which any of the Borrowers Borrower is a debtor or any portion of the Properties or the Collateral is property of the estate therein. The Borrowers Borrower shall not file a petition for, consent to the filing of a petition for, or aid, solicit, support, or otherwise act, cooperate or collude to cause the filing of a petition for an Involuntary Borrower Bankruptcy. In any Involuntary Borrower Bankruptcy, no Borrower Party shall, without the prior written consent of Lender, consent to the entry of any order, file any motion, or support any motion (irrespective of the subject of the motion), and the Borrowers no Borrower Party shall not file or support any plan of reorganization. The Borrowers Each Borrower Party having any interest in any Involuntary Borrower Bankruptcy shall do all things reasonably requested by Lender to assist Lender in obtaining such relief as Lender shall seek, and shall in all events vote as directed by Lender. Without limitation of the foregoing, each such Borrower Party shall do all things reasonably requested by Lender to support any motion for relief from stay or plan of reorganization proposed or supported by Lender.

Appears in 2 contracts

Samples: Mezzanine Loan Agreement (Lodgian Inc), Mezzanine Loan Agreement (Lodgian Inc)

INVOLUNTARY CASES, RECEIVERS, ETC. The Borrower Parties shall not apply for, consent to, or aid, solicit, support, or otherwise act, cooperate or collude to cause the appointment of or taking possession by, a receiver, trustee or other custodian for all or a substantial part of the assets of any Borrower. As used in this Loan Agreement, an "INVOLUNTARY BORROWER BANKRUPTCYInvoluntary Borrower Bankruptcy" means shall mean any involuntary case under the Bankruptcy Code or any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, in which any of the Borrowers is a debtor or any portion of the Properties is property of the estate therein. The Borrowers shall not file a petition for, consent to the filing of a petition for, or aid, solicit, support, or otherwise act, cooperate or collude to cause the filing of a petition for an Involuntary Borrower Bankruptcy. In any Involuntary Borrower Bankruptcy, no Borrower Party shall, without the prior written consent of Lender, consent to the entry of any order, file any motion, or support any motion (irrespective of the subject of the motion), and the Borrowers shall not file or support any plan of reorganization. The Borrowers having any interest in any Involuntary Borrower Bankruptcy shall do all things reasonably requested by Lender to assist Lender in obtaining such relief as Lender shall seek, and shall in all events vote as directed by Lender. Without limitation of the foregoing, each such Borrower shall do all things reasonably requested by Lender to support any motion for relief from stay or plan of reorganization proposed or supported by Lender.

Appears in 2 contracts

Samples: Loan and Security Agreement (Global Signal Inc), Loan and Security Agreement (Global Signal Inc)

INVOLUNTARY CASES, RECEIVERS, ETC. The No Borrower Parties Party or Affiliate of any Borrower Party shall not apply for, consent to, or aid, solicit, support, or otherwise act, cooperate or collude to cause the appointment of or taking possession by, a receiver, trustee or other custodian for all or a substantial part of the assets of any BorrowerBorrower Party. As used in this Loan Agreement, an "INVOLUNTARY BORROWER BANKRUPTCY" means “Involuntary Borrower Party Bankruptcy” shall mean any involuntary case under the Bankruptcy Code or any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, in which any of the Borrowers Borrower Party is a debtor or any portion of the Properties Property is property of the estate therein. The Borrowers No Borrower Party and no Affiliate of any Borrower Party shall not file a petition for, consent to the filing of a petition for, or aid, solicit, support, or otherwise act, cooperate or collude to cause the filing of a petition for an Involuntary Borrower Party Bankruptcy. In any Involuntary Borrower Party Bankruptcy, no Borrower Party or any Affiliate of any Borrower Party shall, without the prior written consent of Lender, consent to the entry of any order, file any motion, or support any motion (irrespective of the subject of the motion), and the Borrowers no Borrower Party or any such Affiliate shall not file or support any plan of reorganization. The Borrowers Each Borrower Party having any interest in any Involuntary Borrower Party Bankruptcy shall do all things reasonably requested by Lender to assist Lender in obtaining such relief as Lender shall seek, and shall in all events vote as directed by Lender. Without limitation of the foregoing, each such Borrower Party shall do all things reasonably requested by Lender to support any motion for relief from stay or plan of reorganization proposed or supported by Lender. Nothing in this provision shall obligate any Borrower Party or Affiliate to act contrary to any order of any court, which order was not sought or acquiesced in at the direction of Lender or by any Borrower Party or any Affiliate.

Appears in 1 contract

Samples: Loan and Security Agreement (Digital Realty Trust, Inc.)

INVOLUNTARY CASES, RECEIVERS, ETC. The Borrower Parties shall not apply for, consent to, or aid, solicit, support, or otherwise act, cooperate or collude to cause the appointment of or taking possession by, a receiver, trustee or other custodian for all or a substantial part of the assets of any Borrower. As used in this Loan Agreement, an "INVOLUNTARY BORROWER BANKRUPTCY" means “Involuntary Borrower Bankruptcy” shall mean any involuntary case under the Bankruptcy Code or any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, in which any of the Borrowers Borrower is a debtor or any portion of the Properties Sites is property of the estate therein. The Borrowers shall not file a petition for, consent to the filing of a petition for, or aid, solicit, support, or otherwise act, cooperate or collude to cause the filing of a petition for an Involuntary Borrower Bankruptcy. In any Involuntary Borrower Bankruptcy, no Borrower Party shall, without the prior written consent of the Lender, consent to the entry of any order, file any motion, or support any motion (irrespective of the subject of the motion), and the Borrowers shall not file or support any plan of reorganization. The Borrowers having any interest in any Involuntary Borrower Bankruptcy shall do all things reasonably requested by the Lender to assist the Lender in ‑72‑ obtaining such relief as the Lender shall seek, and shall in all events vote as directed by the Lender. Without limitation of the foregoing, each such Borrower shall do all things reasonably requested by the Lender to support any motion for relief from stay or plan of reorganization proposed or supported by the Lender.

Appears in 1 contract

Samples: Loan and Security Agreement (Sba Communications Corp)

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INVOLUNTARY CASES, RECEIVERS, ETC. The Borrower Issuer Parties shall not apply for, consent to, or aid, solicit, support, or otherwise act, cooperate or collude to cause the appointment of or taking possession by, a receiver, trustee or other custodian for all or a substantial part of the assets of any BorrowerIssuer. As used in this Loan AgreementIndenture, an "INVOLUNTARY BORROWER BANKRUPTCY" means “Involuntary Issuer Bankruptcy” shall mean any involuntary case under the Bankruptcy Code or any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, in which any of the Borrowers Issuers is a debtor or any portion of the Properties Tower Sites is property of the estate therein. The Borrowers Issuer shall not file a petition for, consent to the filing of a petition for, or aid, solicit, support, or otherwise act, cooperate or collude to cause the filing of a petition for an Involuntary Borrower Issuer Bankruptcy. In any Involuntary Borrower Issuer Bankruptcy, no Borrower Issuer Party shall, without the prior written consent of Lenderthe Indenture Trustee and the Servicer, consent to the entry of any order, file any motion, or support any motion (irrespective of the subject of the motion), and the Borrowers Issuers shall not file or support any plan of reorganization. The Borrowers Issuers having any interest in any Involuntary Borrower Issuer Bankruptcy shall do all things reasonably requested by Lender the Indenture Trustee and the Servicer to assist Lender the Indenture Trustee and the Servicer in obtaining such relief as Lender the Indenture Trustee and the Servicer shall seek, and shall in all events vote as directed by Lenderthe Indenture Trustee. Without limitation of the foregoing, each such Borrower Issuer Party shall do all things reasonably requested by Lender the Indenture Trustee or the Servicer to support any motion for relief from stay or plan of reorganization proposed or supported by Lenderthe Indenture Trustee or the Servicer.

Appears in 1 contract

Samples: Indenture (Crown Castle International Corp)

INVOLUNTARY CASES, RECEIVERS, ETC. The No Borrower Parties Party or Affiliate of such Borrower Party shall not apply for, consent to, or aid, solicit, support, or otherwise act, cooperate or collude to cause the appointment of or taking possession by, a receiver, trustee or other custodian for all or a substantial part of the assets of any Borrowersuch Borrower Party. As used in this Loan Agreement, an "INVOLUNTARY BORROWER PARTY BANKRUPTCY" means shall mean any involuntary case under the Bankruptcy Code or any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, in which any of the Borrowers such Borrower Party is a debtor or any portion of the Properties Property is property of the estate therein. The Borrowers No Borrower Party and no Affiliate of such Borrower Party shall not file a petition for, consent to the filing of a petition for, or aid, solicit, support, or otherwise act, cooperate or collude to cause the filing of a petition for an Involuntary Borrower Party Bankruptcy. In any Involuntary Borrower Party Bankruptcy, no such Borrower Party or any Affiliate of any Borrower Party shall, without the prior written consent of LenderSurety, consent to the entry of any order, file any motion, or support any motion (irrespective of the subject of the motion), and the Borrowers no Borrower Party or any such Affiliate shall not file or support any plan of reorganization. The Borrowers Each Borrower Party having any interest in any Involuntary Borrower Party Bankruptcy shall do all things reasonably requested by Lender Surety to assist Lender Surety in obtaining such relief as Lender Surety shall seek, and shall in all events vote as directed by LenderSurety. Without limitation of the foregoing, each such Borrower Party shall do all things reasonably requested by Lender Surety to support any motion for relief from stay or plan of reorganization proposed or supported by LenderSurety. Nothing in this provision shall obligate any Borrower Party or Affiliate to act contrary to any order of any court, which order was not sought or acquiesced in at the direction of Surety or by any Borrower Party or any Affiliate.

Appears in 1 contract

Samples: Reimbursement Agreement (Alterra Healthcare Corp)

INVOLUNTARY CASES, RECEIVERS, ETC. The No Borrower Parties or Related Person of any Borrower shall not apply for, consent to, or aid, solicit, support, or otherwise act, cooperate or collude to cause the appointment of or taking possession by, a receiver, trustee or other custodian for all or a substantial part of the assets of any Borrower. As used in this Loan Agreement, an "INVOLUNTARY BORROWER BANKRUPTCY" “Involuntary Borrower Bankruptcy” means any involuntary case under the Bankruptcy Code or any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, in which any of the Borrowers Borrower is a debtor or the Collateral, or any portion of the Properties thereof, is property of the estate therein. The Borrowers No Borrower nor any Related Person of any Borrower shall not file a petition for, consent to the filing of a petition for, or aid, solicit, support, or otherwise act, cooperate or collude to cause the filing of a petition for an Involuntary Borrower Bankruptcy. In any Involuntary Borrower Bankruptcy, no Borrower Party nor any Related Person of any Borrower shall, without the prior written consent of LenderAgent and/or Lenders, consent to the entry of any order, file any motion, or support any motion (irrespective of the subject of the motion), and the Borrowers no Borrower nor any such Related Person shall not file or support any plan of reorganization. The Borrowers A Borrower having any interest in any Involuntary Borrower Bankruptcy shall do all things reasonably requested by Lender Agent and/or Lenders to assist Lender Lenders in obtaining such relief as Lender Lenders shall seek, and shall in all events vote as directed by LenderAgent and/or Lenders. Without limitation of the foregoing, each such Borrower shall do all things reasonably requested by Lender Agent and/or Lenders to support any motion for relief from stay or plan of reorganization proposed or supported by LenderAgent and/or Lenders.

Appears in 1 contract

Samples: Loan Agreement (PDS Gaming Corp)

INVOLUNTARY CASES, RECEIVERS, ETC. The No Borrower Parties Party or Affiliate of such Borrower Party shall not apply for, consent to, or aid, solicit, support, or otherwise act, cooperate or collude to cause the appointment of or taking possession by, a receiver, trustee or other custodian for all or a substantial part of the assets of any Borrowersuch Borrower Party. As used in this Loan Agreement, an "INVOLUNTARY BORROWER PARTY BANKRUPTCY" means shall mean any involuntary case under the Bankruptcy Code or any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, in which any of the Borrowers such Borrower Party is a debtor or any portion of the Properties Property is property of the estate therein. The Borrowers No Borrower Party and no Affiliate of such Borrower Party shall not file a petition for, consent to the filing of a petition for, or aid, solicit, support, or otherwise act, cooperate or collude to cause the filing of a petition for an Involuntary Borrower Party Bankruptcy. In any Involuntary Borrower Party Bankruptcy, no such Borrower Party or any Affiliate of any Borrower Party shall, without the prior written consent of LenderNoteholder, consent to the entry of any order, file any motion, or support any motion (irrespective of the subject of the motion), and the Borrowers no Borrower Party or any such Affiliate shall not file or support any plan of reorganization. The Borrowers Each Borrower Party having any interest in any Involuntary Borrower Party Bankruptcy shall do all things reasonably requested by Lender Noteholder to assist Lender Noteholder in obtaining such relief as Lender Noteholder shall seek, and shall in all events vote as directed by LenderNoteholder. Without limitation of the foregoing, each such Borrower Party shall do all things reasonably requested by Lender Noteholder to support any motion for relief from stay or plan of reorganization proposed or supported by LenderNoteholder. Nothing in this provision shall obligate any Borrower Party or Affiliate to act contrary to any order of any court, which order was not sought or acquiesced in at the direction of Noteholder or by any Borrower Party or any Affiliate.

Appears in 1 contract

Samples: Loan Agreement (Alterra Healthcare Corp)

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