Involuntary Proceedings. A proceeding or case shall be commenced against a Party, without its application or consent, in any court of competent jurisdiction, seeking (i) its liquidation, reorganization, dissolution or winding-up, or the composition or readjustment of its debts; (ii) the appointment of a trustee, receiver, custodian, liquidator or the like of all or any substantial part of its assets; or (iii) similar relief under any law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts, and such proceeding or case shall continue un-dismissed, or an order, judgment or decree approving or ordering any of the foregoing shall be entered and continue un- stayed and in effect, for a period of sixty (60) or more days; or an order for relief against a Party, shall be entered in an involuntary case under the Bankruptcy Code; or
Appears in 11 contracts
Samples: Offshore Wind Renewable Energy Certificate Purchase and Sale Agreement, Offshore Wind Renewable Energy Certificate Purchase and Sale Agreement, Offshore Wind Renewable Energy Certificate Purchase and Sale Agreement
Involuntary Proceedings. A proceeding or case shall be commenced against a Party, without its application or consent, in any court of competent jurisdiction, seeking (i) its liquidation, reorganization, dissolution or winding-up, or the composition or readjustment of its debts; (ii) the appointment of a trustee, receiver, custodian, liquidator or the like of all or any substantial part of its assets; or (iii) similar relief under any law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts, and such proceeding or case shall continue un-dismissed, or an order, judgment or decree approving or ordering any of the foregoing shall be entered and continue un- stayed and in effect, for a period of sixty (60) 60 or more days; or an order for relief against a Party, shall be entered in an involuntary case under the Bankruptcy Code; or
Appears in 9 contracts
Samples: Build Ready Standard Form Agreement, Renewable Energy Standard Agreement, Renewable Energy Standard Agreement
Involuntary Proceedings. A proceeding or case shall be commenced against a Party, without its application or consent, in any court of competent jurisdiction, seeking (ia) its liquidation, reorganization, dissolution or winding-up, or the composition or readjustment of its debts; (iib) the appointment of a trustee, receiver, custodian, liquidator or the like of all or any substantial part of its assets; or (iiic) similar relief under any law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts, and such proceeding or case shall continue un-dismissed, or an order, judgment or decree approving or ordering any of the foregoing shall be entered and continue un- stayed and in effect, for a period of sixty (60) 60 or more days; or an order for relief against a Party, shall be entered in an involuntary case under the Bankruptcy Code; or
Appears in 7 contracts
Samples: Res Standard Form Agreement, Renewable Energy Standard Agreement, Renewable Energy Standard Agreement
Involuntary Proceedings. A proceeding or case shall be commenced against a Party, without its application or consent, in any court of competent jurisdiction, seeking (ia) its liquidation, reorganization, dissolution or winding-up, or the composition or readjustment of its debts; (iib) the appointment of a trustee, receiver, custodian, liquidator or the like of all or any substantial part of its assets; or (iiic) similar relief under any law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts, and such proceeding or case shall continue un-dismissedundismissed, or an order, judgment or decree approving or ordering any of the foregoing shall be entered and continue un- stayed unstayed and in effect, for a period of sixty (60) 60 or more days; or an order for relief against a Party, shall be entered in an involuntary case under the Bankruptcy Code; or
Appears in 6 contracts
Samples: RPS Standard Form Contract (Noble Environmental Power LLC), RPS Standard Form Contract (Noble Environmental Power LLC), RPS Standard Form Contract (Noble Environmental Power LLC)
Involuntary Proceedings. A proceeding or case shall be commenced against a Party, without its application or consent, in any court of competent jurisdiction, seeking (i) its liquidation, reorganization, dissolution or winding-up, or the composition or readjustment of its debts; (ii) the appointment of a trustee, receiver, custodian, liquidator or the like of all or any substantial part of its assets; or (iii) similar relief under any law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts, and such proceeding or case shall continue un-dismissed, or an order, judgment or decree approving or ordering any of the foregoing shall be entered and continue un- un-stayed and in effect, for a period of sixty (60) or more days; or an order for relief against a Party, shall be entered in an involuntary case under the Bankruptcy Code; or
Appears in 6 contracts
Samples: Offshore Wind Renewable Energy Certificate Purchase and Sale Agreement, Purchase and Sale Agreement, Tier 4 Renewable Energy Certificate Purchase and Sale Agreement
Involuntary Proceedings. A proceeding or case shall be commenced against a Party, without its application or consent, in any court of competent jurisdiction, seeking (i) its liquidation, reorganization, dissolution or winding-up, or the composition or readjustment of its debts; (ii) the appointment of a trustee, receiver, custodian, liquidator or the like of with respect to all or any substantial part of its assets; or (iii) similar relief under any law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts, and such proceeding or case shall continue un-dismissed, or an order, judgment or decree approving or ordering any of the foregoing shall be entered and continue un- un-stayed and in effect, for a period of sixty (60) 60 or more days; or an order for relief against a Party, shall be entered in an involuntary case under the Bankruptcy Code; or
Appears in 3 contracts
Samples: Standard Form Agreement, Res Standard Form Agreement, Res Standard Form Agreement
Involuntary Proceedings. A proceeding or case shall be commenced against a Party, without its application or consent, in any court of competent jurisdiction, seeking (i) its liquidation, reorganization, dissolution or winding-up, or the composition or readjustment of its debts; (ii) the appointment of a trustee, receiver, custodian, liquidator or the like of all or any substantial part of its assets; or (iii) similar relief under any law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts, and such proceeding or case shall continue un-dismissedundismissed, or an order, judgment or decree approving or ordering any of the foregoing shall be entered and continue un- stayed unstayed and in effect, for a period of sixty (60) or more days; or an order for relief against a Party, shall be entered in an involuntary case under the Bankruptcy Code; oror (iv) as part of such a proceeding, a Party, receiver, custodian, trustee or liquidator shall cancel this Agreement, or sell ZECs to a third party other than NYSERDA or (subject to the terms of Section 2.9) an LSE;
Appears in 3 contracts
Samples: Zec Standard Contract, Zec Standard Contract (Exelon Generation Co LLC), Zec Standard Contract (Exelon Generation Co LLC)
Involuntary Proceedings. A proceeding or case shall be commenced against a the Borrower or any other Loan Party, without its application or consent, in any court of competent jurisdiction, seeking (i) its liquidation, reorganization, dissolution or winding-up, or the composition or readjustment of its debts; , (ii) the appointment of a trustee, receiver, custodian, liquidator or the like of all or any substantial part of its assets; , or (iii) similar relief under any law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts, and such proceeding or case shall continue un-dismissedundismissed, or an order, judgment or decree approving or ordering any of the foregoing shall be entered and continue un- stayed unstayed and in effect, for a period of sixty (60) 60 or more days; or an order for relief against a Party, the Borrower or any other Loan Party shall be entered in an involuntary case under the Bankruptcy Code; or.
Appears in 2 contracts
Samples: Credit Agreement (Serologicals Corp), Credit Agreement (Serologicals Corp)
Involuntary Proceedings. A proceeding or case shall be commenced against a the Company or any other Loan Party, without its application or consent, in any court of competent jurisdiction, seeking (i) its liquidation, reorganization, dissolution or winding-up, or the composition or readjustment of its debts; , (ii) the appointment of a trustee, receiver, custodian, liquidator or the like of all or any substantial part of its assets; , or (iii) similar relief under any law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts, and such proceeding or case shall continue un-dismissedundismissed, or an order, judgment or decree approving or ordering any of the foregoing shall be entered and continue un- stayed unstayed and in effect, for a period of sixty (60) 60 or more days; or an order for relief against a Party, the Company or any other Loan Party shall be entered in an involuntary case under the Bankruptcy Code; or.
Appears in 2 contracts
Samples: Credit Agreement (Serologicals Corp), Credit Agreement (Docucorp Inc)
Involuntary Proceedings. A proceeding or case shall be commenced against a Party, without its application or consent, in any court of competent jurisdiction, seeking (i) its liquidation, reorganization, dissolution or winding-up, or the composition or readjustment of its debts; (ii) the appointment of a trustee, receiver, custodian, liquidator or the like of all or any substantial part of its assets; or (iii) similar relief under any law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts, and such proceeding or case shall continue un-dismissed, or an order, judgment or decree approving or ordering any of the foregoing shall be entered and continue un- un-stayed and in effect, for a period of sixty (60) 60 or more days; or an order for relief against a Party, shall be entered in an involuntary case under the Bankruptcy Code; or.
Appears in 1 contract
Samples: Conditional Termination Agreement
Involuntary Proceedings. A proceeding or case shall be commenced against a Party, without its application or consent, in any court of competent jurisdiction, seeking (i) its liquidation, reorganization, dissolution or winding-up, or the composition or readjustment of its debts; (ii) the appointment of a trustee, receiver, custodian, liquidator or the like of all or any substantial part of its assets; or (iii) similar relief under any law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts, and such proceeding or case shall continue un-dismissedundismissed, or an order, judgment or decree approving or ordering any of the foregoing shall be entered and continue un- stayed unstayed and in effect, for a period of sixty (60) or more days; or an order for relief against a Party, shall be entered in an involuntary case under the Bankruptcy Code; oror (iv) as part of such a proceeding, a Party, receiver, custodian, trustee or liquidator shall cancel this Agreement, or sell ZECs to a third party other than NYSERDA or (subject to the terms of Section 2.9) an LSE; EXECUTION VERSION
Appears in 1 contract
Samples: Zec Standard Contract
Involuntary Proceedings. A proceeding or case shall be commenced against a Party, without its application or consent, in any court of competent jurisdiction, seeking seeking
(i) its liquidation, reorganization, dissolution or winding-up, or the composition or readjustment of its debts; (ii) the appointment of a trustee, receiver, custodian, liquidator or the like of all or any substantial part of its assets; or (iii) similar relief under any law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts, and such proceeding or case shall continue un-dismissed, or an order, judgment or decree approving or ordering any of the foregoing shall be entered and continue un- un-stayed and in effect, for a period of sixty (60) 60 or more days; or an order for relief against a Party, shall be entered in an involuntary case under the Bankruptcy Code; or
Appears in 1 contract
Samples: Termination Agreement
Involuntary Proceedings. A proceeding or case shall be commenced against a Party, without its application or consent, in any court of competent jurisdiction, seeking (i) its liquidation, reorganization, dissolution or winding-up, or the composition or readjustment of its debts; (ii) the appointment of a trustee, receiver, custodian, liquidator or the like of all or any substantial part of its assets; or (iii) similar relief under any law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts, and such proceeding or case shall continue un-dismissed, or an order, judgment or decree approving or ordering any of the foregoing shall be entered and continue un- un-stayed and in effect, for a period of sixty (60) 60 or more days; or an order for relief against a Party, shall be entered in an involuntary case under the Bankruptcy Code; or
Appears in 1 contract
Samples: Renewable Energy Standard Agreement
Involuntary Proceedings. A proceeding or case shall be commenced against a Party, without its application or consent, in any court of competent jurisdiction, seeking (ia) its liquidation, reorganization, dissolution or winding-up, or the composition or readjustment of its debts; (iib) the appointment of a trustee, receiver, custodian, liquidator or the like of all or any substantial part of its assets; or (iiic) similar relief under any law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts, and such proceeding or case shall continue un-dismissed, or an order, judgment or decree approving or ordering any of the foregoing shall be entered and continue un- un-stayed and in effect, for a period of sixty (60) 60 or more days; or an order for relief against a Party, shall be entered in an involuntary case under the Bankruptcy Code; or
Appears in 1 contract
Samples: Renewable Energy Standard Agreement
Involuntary Proceedings. A proceeding or case shall be commenced against a Party, without its application or consent, in any court of competent jurisdiction, seeking seeking
(i) its liquidation, reorganization, dissolution or winding-up, or the composition or readjustment of its debts; (ii) the appointment of a trustee, receiver, custodian, liquidator or the like of all or any substantial part of its assets; or (iii) similar relief under any law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts, and such proceeding or case shall continue un-dismissed, or an order, judgment or decree approving or ordering any of the foregoing shall be entered and continue un- un-stayed and in effect, for a period of sixty (60) or more days; or (iv) an order for relief against a Party, shall be entered in an involuntary case under the Bankruptcy Code; or
Appears in 1 contract
Samples: Tier 4 Renewable Energy Certificate Purchase and Sale Agreement
Involuntary Proceedings. A proceeding or case shall be commenced against a Party, without its application or consent, in any court of competent jurisdiction, seeking (ia) its liquidationLiquidation, reorganization, dissolution or winding-up, or the composition or readjustment of its debts; (iib) the appointment of a trustee, receiver, custodian, liquidator or the like of all or any substantial part of its assets; or (iiic) similar relief under any law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts, and such proceeding or case shall continue un-dismissedundismissed, or an order, judgment or decree approving or ordering any of the foregoing shall be entered and continue un- stayed unstayed and in effect, for a period of sixty (60) 60 or more days; or an order for relief against a Party, shall be entered in an involuntary case under the Bankruptcy Code; or
Appears in 1 contract
Samples: RPS Standard Form Contract (Noble Environmental Power LLC)