Common use of Involuntary Proceedings Clause in Contracts

Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding is commenced or filed against any Obligor, or any Significant Subsidiary Group, or any writ, judgment, warrant of attachment, execution or similar process, is issued or levied against a substantial part of any Obligor’s, or any such Significant Subsidiary Group’s properties, and any such proceeding or petition shall not be dismissed, or such writ, judgment, warrant of attachment, execution or similar process shall not be released, vacated or fully bonded within 60 days after commencement, filing or levy; (ii) any Obligor, or any such Significant Subsidiary Group admits the material allegations of a petition against it in any Insolvency Proceeding, or an order for relief (or similar order under non-U.S. law) is ordered in any Insolvency Proceeding; or (iii) any Obligor, or any such Significant Subsidiary Group acquiesces in the appointment of a receiver, trustee, custodian, conservator, liquidator, mortgagee in possession (or agent therefor), or other similar Person for itself or a substantial portion of its property or business; or

Appears in 6 contracts

Samples: Credit Agreement (Ugi Corp /Pa/), Credit Agreement (Ugi Corp /Pa/), Credit Agreement (Amerigas Partners Lp)

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Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding is commenced or filed against any Obligor, of the Loan Parties or any Significant Subsidiary Groupof any Loan Party, or any writ, judgment, warrant of attachment, execution or similar process, is issued or levied against a substantial part of the Loan Parties’ or any ObligorSubsidiary of any Loan Party’s, or any such Significant Subsidiary Group’s properties, properties and any such proceeding or petition shall not be dismissed, or such writ, judgment, warrant of attachment, execution or similar process shall not be released, vacated or fully bonded within 60 sixty (60) days after commencement, filing or levy; (ii) any Obligor, of the Loan Parties or any such Significant Subsidiary Group of any Loan Party admits the material allegations of a petition against it in any Insolvency Proceeding, or an order for relief (or similar order under non-U.S. non‑U.S. law) is ordered in any Insolvency Proceeding; or (iii) any Obligor, of the Loan Parties or any such Significant Subsidiary Group of any Loan Party acquiesces in the appointment of a receiver, trustee, custodian, conservator, liquidator, mortgagee in possession (or agent therefor), or other similar Person for itself or a substantial portion of its property or business; or

Appears in 3 contracts

Samples: Credit Agreement (Spark Energy, Inc.), Amendment No. 4 (Spark Energy, Inc.), Credit Agreement (Spark Energy, Inc.)

Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding is commenced or filed against any Obligorthe Parent, the Company or any Significant Subsidiary Groupof its Material Subsidiaries, or any writ, judgment, warrant of attachment, execution or similar process, is issued or levied against a substantial part of any Obligor’sthe Parent's, the Company's or any such Significant Subsidiary Group’s of its Material Subsidiaries' properties, and any such proceeding or petition shall not be dismissed, or such writ, judgment, warrant of attachment, execution or similar process shall not be released, vacated or fully bonded within 60 days after commencement, filing or levy; (ii) any Obligorthe Parent, the Company or any such Significant Subsidiary Group of its Material Subsidiaries admits the material allegations of a petition against it in any Insolvency Proceeding, or an order for relief (or similar order under non-U.S. law) is ordered in any Insolvency Proceeding; or (iii) any Obligorthe Parent, the Company or any such Significant Subsidiary Group of its Material Subsidiaries acquiesces in the appointment of a receiver, trustee, custodian, conservator, liquidator, mortgagee in possession (or agent therefor), or other similar Person for itself or a substantial portion of its property or business; or

Appears in 2 contracts

Samples: Credit Agreement (Us Industries Inc), Credit Agreement (Us Industries Inc)

Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding is commenced or filed against any Obligor, of the Loan Parties or any Significant Subsidiary Groupof any Loan Party, or any writ, judgment, warrant of attachment, execution or similar process, is issued or levied against a substantial part of the Loan Parties’ or any ObligorSubsidiary of any Loan Party’s, or any such Significant Subsidiary Group’s properties, properties and any such proceeding or petition shall not be dismissed, or such writ, judgment, warrant of attachment, execution or similar process shall not be released, vacated or fully bonded within 60 sixty (60) days after commencement, filing or levy; (ii) any Obligor, of the Loan Parties or any such Significant Subsidiary Group of any Loan Party admits the material allegations of a petition against it in any Insolvency Proceeding, or an order for relief (or similar order under non-U.S. law) is ordered in any Insolvency Proceeding; or (iii) any Obligor, of the Loan Parties or any such Significant Subsidiary Group of any Loan Party acquiesces in the appointment of a receiver, trustee, custodian, conservator, liquidator, mortgagee in possession (or agent therefor), or other similar Person for itself or a substantial portion of its property or business; or

Appears in 2 contracts

Samples: Amendment No. 5 (Via Renewables, Inc.), Credit Agreement (Spark Energy, Inc.)

Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding is commenced or filed against any Obligorthe Company, NEHC or any Significant Subsidiary Groupother than a Receivables Subsidiary, or any writ, judgment, warrant of attachment, execution or similar process, is issued or levied against a substantial part of any Obligor’sthe Company's, NEHC's or any such Significant Subsidiary Group’s Subsidiary's properties, and any such proceeding or petition shall not be dismissed, or such writ, judgment, warrant of attachment, execution or similar process shall not be released, vacated or fully bonded within 60 days after commencement, filing or levy; (ii) any Obligorthe Company, NEHC or any such Significant Subsidiary Group other than a Receivables Subsidiary admits the material allegations of a petition against it in any Insolvency Proceeding, or an order for relief (or similar order under non-U.S. law) is ordered in any Insolvency Proceeding; or (iii) any Obligorthe Company, NEHC or any such Significant Subsidiary Group other than a Receivables Subsidiary acquiesces in the appointment of a receiver, trustee, custodian, conservator, liquidator, mortgagee in possession (or agent therefor), or other similar Person for itself or a substantial portion of its property or business; or

Appears in 2 contracts

Samples: Credit Agreement (Nebco Evans Holding Co), Credit Agreement (Ameriserve Transportation Inc)

Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding is commenced or filed against any Obligor, Borrower or any Significant Subsidiary Group, or any writ, judgment, warrant of attachment, execution or similar process, is issued or levied against a substantial part of any Obligor’s, Borrower's or any such Significant Subsidiary Group’s 's properties, and any such proceeding or petition shall not be dismissed, or such writ, judgment, warrant of attachment, execution or similar process shall not be released, vacated or fully bonded within 60 days after commencement, filing or levy; (ii) any Obligor, Borrower or any such Significant Subsidiary Group admits the material allegations of a petition against it in any Insolvency Proceeding, or an order for relief (or similar order under non-U.S. law) is ordered in any Insolvency Proceeding; or (iii) any Obligor, Borrower or any such Significant Subsidiary Group acquiesces in the appointment of a receiver, trustee, custodian, conservator, liquidator, mortgagee in possession (or agent therefor), or other similar Person for itself or a substantial portion of its property or business; or

Appears in 2 contracts

Samples: Credit Agreement (Amerigas Finance Corp), Credit Agreement (Amerigas Finance Corp)

Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding is commenced or filed against any Obligor, the Company or any Significant Material Restricted Subsidiary Groupof the Company, or any writ, judgment, warrant of attachment, execution or similar process, is issued or levied against a substantial part of any Obligor’s, the Company's or any such Significant Subsidiary Group’s propertiesof its Material Restricted Subsidiaries' Properties, and any such proceeding or petition shall not be dismissed, or such writ, judgment, warrant of attachment, execution or similar process shall not be released, vacated or fully bonded within 60 days after commencement, filing or levy; (ii) any Obligor, the Company or any such Significant Subsidiary Group of its Material Restricted Subsidiaries admits the material allegations of a petition against it in any Insolvency Proceeding, or an order for relief (or similar order under non-U.S. law) is ordered in any Insolvency Proceeding; or (iii) any Obligor, the Company or any such Significant Subsidiary Group of its Material Restricted Subsidiaries acquiesces in the appointment of a receiver, trustee, custodian, conservator, liquidator, mortgagee in possession (or agent therefor), or other similar Person for itself or a substantial portion of its property Property or business; or;

Appears in 2 contracts

Samples: Reducing Revolving Credit Agreement (Cinemark Usa Inc /Tx), Reducing Revolving Credit Agreement (Cinemark Usa Inc /Tx)

Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding is commenced or filed against any Obligor, or any Significant Subsidiary Group, or any writ, judgment, warrant of attachment, execution or similar process, is issued or levied against a substantial part of any Obligor’s's, or any such Significant Subsidiary Group’s 's properties, and any such proceeding or petition shall not be dismissed, or such writ, judgment, warrant of attachment, execution or similar process shall not be released, vacated or fully bonded within 60 days after commencement, filing or levy; (ii) any Obligor, or any such Significant Subsidiary Group admits the material allegations of a petition against it in any Insolvency Proceeding, or an order for relief (or similar order under non-U.S. law) is ordered in any Insolvency Proceeding; or (iii) any Obligor, or any such Significant Subsidiary Group acquiesces in the appointment of a receiver, trustee, custodian, conservator, liquidator, mortgagee in possession (or agent therefor), or other similar Person for itself or a substantial portion of its property or business; or

Appears in 1 contract

Samples: Credit Agreement (Amerigas Eagle Finance Corp)

Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding is commenced or filed against any Obligor, either of the Borrowers or any Significant Subsidiary Groupof their Subsidiaries (other than IntelliTEK), or any writ, judgment, warrant of attachment, execution or similar process, is issued or levied against a substantial part of any Obligor’s, the Borrowers' or any such Significant Subsidiary Group’s propertiesof their respective Subsidiaries' Properties, and any such proceeding or petition shall not be dismissed, or such writ, judgment, warrant of attachment, execution or similar process shall not be released, vacated or fully bonded within 60 forty-five (45) days after commencement, filing or levy; (ii) any Obligor, either of the Borrowers or any such Significant Subsidiary Group of their respective Subsidiaries admits the material allegations of a petition against it in any Insolvency Proceeding, or an order for relief (or similar order under non-U.S. law) is ordered in any Insolvency Proceeding; or (iii) any Obligor, either of the Borrowers or any such Significant Subsidiary Group of their respective Subsidiaries acquiesces in the appointment of a receiver, trustee, custodian, conservator, liquidator, mortgagee in possession (or agent therefor), or other similar Person for itself or a substantial portion of its property Property or business; or

Appears in 1 contract

Samples: Loan Agreement (CSG Systems International Inc)

Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding is commenced or filed against any Obligor, Borrower or any Significant Subsidiary Groupof its material Subsidiaries, or any writ, judgment, warrant of attachment, execution or similar process, in each case relating to an Insolvency Proceeding, is issued or levied against a substantial part of any Obligor’s, Borrower's or any such Significant Subsidiary Group’s propertiesmaterial Subsidiary's Properties, and any such proceeding or petition shall not be dismissed, or such writ, judgment, warrant of attachment, execution or similar process shall not be released, vacated or fully bonded within 60 days after commencement, filing or levy; (ii) any Obligor, Borrower or any such Significant Subsidiary Group of its material Subsidiaries admits the material allegations of a petition against it in any Insolvency Proceeding, or an order for relief (or similar order under non-U.S. law) is ordered in any Insolvency Proceeding; or (iii) any Obligor, Borrower or any such Significant Subsidiary Group of its material Subsidiaries acquiesces in the appointment of a receiver, trustee, custodian, conservator, liquidator, mortgagee in possession (or agent therefor), or other similar Person for itself or a substantial portion of its property Property or business; or

Appears in 1 contract

Samples: Credit Agreement (Science Applications International Corp)

Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding is commenced or filed against any Obligorthe Company, NEHC or any Significant Subsidiary Groupother than a Receivables Subsidiary, or any writ, judgment, warrant of attachment, execution or similar process, is issued or levied against a substantial part of any Obligor’sthe Company's, NEHC's or any such Significant Subsidiary Group’s Subsidiary's properties, and any such proceeding or petition shall not be dismissed, or such writ, judgment, warrant of attachment, execution or similar process shall not be released, vacated or fully bonded within 60 days after commencement, filing or levy; (ii) any Obligorthe Company, NEHC or any such Significant Subsidiary Group other than a Receivables Subsidiary admits the material allegations of a petition against it in any Insolvency Proceeding, or an order for relief (or similar order under non-U.S. law) is ordered in any Insolvency Proceeding; or (iii) any Obligorthe Company, NEHC or any such Significant Subsidiary Group other than a Receivables Subsidiary acquiesces in the appointment of a receiver, trustee, custodian, conservator, liquidator, mortgagee in possession (or agent therefor), or other similar Person for itself or a substantial portion of its property or business; or

Appears in 1 contract

Samples: Credit Agreement (Nebco Evans Holding Co)

Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding is commenced or filed against any Obligorthe Company, the Parent or any Significant Subsidiary GroupInvestment Subsidiary, or any writ, judgment, warrant of attachment, warrant of execution or similar process, process is issued or levied against a substantial part any assets of any Obligor’sthe Company, the Parent or any such Significant Investment Subsidiary Group’s propertieswith an aggregate fair market value in excess of $100,000, and any such proceeding or petition shall not be dismissed, or such writ, judgment, warrant of attachment, warrant of execution or similar process shall not be released, vacated or fully bonded within 60 90 days after commencement, filing or levy; (ii) any Obligorthe Company, the Parent or any such Significant Investment Subsidiary Group admits the material allegations of a petition against it in any Insolvency Proceeding, or an order for relief (or similar order under non-U.S. law) is ordered in any Insolvency Proceeding; or (iii) any Obligorthe Company, the Parent or any such Significant Investment Subsidiary Group acquiesces in the appointment of a receiver, trustee, custodian, conservator, liquidator, mortgagee in possession (or agent therefor), ) or other similar Person for itself or a substantial portion of its property or business; or.

Appears in 1 contract

Samples: Letter of Credit Agreement (Delphi International LTD)

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Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding is commenced or filed against any Obligor, Borrower Party or by any Significant Subsidiary Groupof their respective Restricted Subsidiaries, or any writ, judgment, warrant of attachment, execution or similar process, is issued or levied against a substantial part of any Obligor’s, Borrower's or any such Significant Subsidiary Group’s propertiesof its Restricted Subsidiaries' Properties, and any such proceeding or petition shall not be dismissed, or such writ, judgment, warrant of attachment, execution or similar process shall not be released, vacated or fully bonded within 60 days after commencement, filing or levy; (ii) any Obligor, Borrower or any such Significant Subsidiary Group of its Restricted Subsidiaries admits the material allegations of a petition against it in any Insolvency Proceeding, or an order for relief (or similar order under non-U.S. law) is ordered in any Insolvency Proceeding; or (iii) any Obligor, Borrower or any such Significant Subsidiary Group of its Restricted Subsidiaries acquiesces in the appointment of a receiver, trustee, custodian, conservator, liquidator, mortgagee in possession (or agent therefor), or other similar Person for itself or a substantial portion of its property Property or business; or;

Appears in 1 contract

Samples: Credit Agreement (Cinemark Usa Inc /Tx)

Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding is commenced or filed against any Obligorthe Company, DMFC or any Significant Subsidiary Groupof their respective Material Subsidiaries, or any writ, judgment, warrant of attachment, warrant of execution or similar process, process is issued or levied against a substantial part of any Obligor’sthe Company's, DMFC's or any such Significant Subsidiary Group’s of their respective Material Subsidiaries' properties, and any such proceeding or petition shall not be dismissed, or such writ, judgment, warrant of attachment, warrant of execution or similar process shall not be released, vacated or fully bonded within 60 days after commencement, filing or levy; (ii) any Obligorthe Company, DMFC or any such Significant Material Subsidiary Group of either thereof admits the material allegations of a petition against it in any Insolvency Proceeding, or an order for relief (or similar order under non-U.S. law) is ordered in any Insolvency Proceeding; or (iii) any Obligorthe Company, DMFC or any such Significant Material Subsidiary Group of either thereof acquiesces in the appointment of a receiver, trustee, custodian, conservator, liquidator, mortgagee in possession (or agent therefor), ) or other similar Person for itself or a substantial portion of its property or business; or.

Appears in 1 contract

Samples: Credit Agreement (Del Monte Foods Co)

Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding is commenced or filed against any Obligor, the Borrower or any Significant Subsidiary Groupof the Borrower, or any writ, judgment, warrant of attachment, execution or similar process, is issued or levied against a substantial part of any Obligor’s, the Borrower or any such Significant Subsidiary Groupor any of any of the Borrower’s properties, and any such proceeding or petition shall not be dismissed, or such writ, judgment, warrant of attachment, execution or similar process shall not be released, vacated or fully bonded within 60 days after commencement, filing or levy; (ii) any Obligor, the Borrower or any such Significant Subsidiary Group of the Borrower admits the material allegations of a petition against it in any Insolvency Proceeding, or an order for relief (or similar order under non-U.S. law) is ordered in any Insolvency Proceeding; or (iii) any Obligor, the Borrower or any such Significant Subsidiary Group of the Borrower acquiesces in the appointment of a receiver, trustee, custodian, conservator, liquidator, mortgagee in possession (or agent therefor), or other similar Person for itself or a substantial portion of its property or business; or

Appears in 1 contract

Samples: Credit Agreement (Atmos Energy Corp)

Involuntary Proceedings. (i) Any involuntary Insolvency ----------------------- Proceeding is commenced or filed against any Obligorthe Company, CBIL or any Significant Subsidiary GroupSubsidiary, or any writ, judgment, warrant of attachment, execution or similar process, is issued or levied against a substantial part of any Obligor’sthe Company's, CBIL's or any such Significant Subsidiary Group’s Subsidiary's properties, and any such proceeding or petition shall not be dismissed, or such writ, judgment, warrant of attachment, execution or similar process shall not be released, vacated or fully bonded within 60 days after commencement, filing or levy; (ii) any Obligorthe Company, CBIL or any such Significant Subsidiary Group admits the material allegations of a petition against it in any Insolvency Proceeding, or an order for relief (or similar order under non-U.S. US law) is ordered in any Insolvency Proceeding; or (iii) any Obligorthe Company, CBIL or any such Significant Subsidiary Group acquiesces in the appointment of a receiver, trustee, custodian, conservator, liquidator, mortgagee in possession (or agent therefor), or other similar Person for itself or a substantial portion of its property or business; or

Appears in 1 contract

Samples: Credit Agreement (Select Medical Corp)

Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding is commenced or filed against any ObligorHoldings, Borrower or any Significant Subsidiary Groupor their respective Subsidiaries, or any writ, judgment, warrant of attachment, execution or similar process, is issued or levied against a substantial part of any Obligor’sHoldings’, Borrower’s or any such Significant Subsidiary GroupSubsidiary’s properties, and any such proceeding or petition shall not be dismissed, or such writ, judgment, warrant of attachment, execution or similar process shall not be released, vacated or fully bonded within 60 days after commencement, filing or levy; (ii) any ObligorHoldings, Borrower or any such Significant Subsidiary Group admits the material allegations of a petition against it in any Insolvency Proceeding, or an order for relief (or similar order under non-U.S. law) is ordered in any Insolvency Proceeding; or (iii) any ObligorHoldings, Borrower or any such Significant Subsidiary Group acquiesces in the appointment of a receiver, trustee, custodian, conservator, liquidator, mortgagee in possession (or agent therefor), or other similar Person for itself or a substantial portion of its property or business; or.

Appears in 1 contract

Samples: Credit Agreement (Cbeyond Communications Inc)

Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding ----------------------- is commenced or filed against any Obligor, the Company or any Significant Subsidiary GroupSemiconductor Operations Subsidiary, or any writ, judgment, warrant of attachment, execution or similar process, is issued or levied against a substantial part of any Obligor’s, the Company's or any such Significant Subsidiary Group’s Semiconductor Operations Subsidiary's properties, and any such proceeding or petition shall not be dismissed, or such writ, judgment, warrant of attachment, execution or similar process shall not be released, vacated or fully bonded within 60 days after commencement, filing or levy; , (ii) any Obligor, the Company or any such Significant Semiconductor Operations Subsidiary Group admits the material allegations of a petition against it in any Insolvency Proceeding, or an order for relief (or similar order under non-U.S. law) is ordered in any Insolvency Proceeding; , or (iii) any Obligor, the Company or any such Significant Semiconductor Operations Subsidiary Group acquiesces in the appointment of a receiver, trustee, custodian, conservator, liquidator, mortgagee in possession (or agent therefor), or other similar Person for itself or a substantial portion of its property or business; or

Appears in 1 contract

Samples: Revolving Credit Agreement (Micron Technology Inc)

Involuntary Proceedings. (i) Any involuntary Insolvency ----------------------- Proceeding is commenced or filed against any Obligor, the Company or any Significant Subsidiary GroupSemiconductor Operations Subsidiary, or any writ, judgment, warrant of attachment, execution or similar process, is issued or levied against a substantial part of any Obligor’s, the Company's or any such Significant Subsidiary Group’s Semiconductor Operations Subsidiary's properties, and any such proceeding or petition shall not be dismissed, or such writ, judgment, warrant of attachment, execution or similar process shall not be released, vacated or fully bonded within 60 days after commencement, filing or levy; , (ii) any Obligor, the Company or any such Significant Semiconductor Operations Subsidiary Group admits the material allegations of a petition against it in any Insolvency Proceeding, or an order for relief (or similar order under non-U.S. law) is ordered in any Insolvency Proceeding; , or (iii) any Obligor, the Company or any such Significant Semiconductor Operations Subsidiary Group acquiesces in the appointment of a receiver, trustee, custodian, conservator, liquidator, mortgagee in possession (or agent therefor), or other similar Person for itself or a substantial portion of its property or business; or

Appears in 1 contract

Samples: Revolving Credit Agreement (Micron Technology Inc)

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