Common use of Involuntary Proceedings Clause in Contracts

Involuntary Proceedings. (i) An involuntary Insolvency Proceeding shall be commenced against the Borrower or any of its Subsidiaries or any writ, judgment, warrant of attachment, execution or similar process shall be issued or levied against a substantial part of the Borrower's, or any of its 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) the Borrower or any of its Subsidiaries shall admit in writing the material allegations of a petition against it in any Insolvency Proceeding, or an order for relief (or similar order under non-United States law) against the Borrower or such Subsidiary is ordered in any Insolvency Proceeding; or (iii) the Borrower or any of its Subsidiaries shall acquiesce 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;

Appears in 7 contracts

Samples: 364 Day Credit Agreement (Tyson Foods Inc), 364 Day Credit Agreement (Tyson Foods Inc), Credit Agreement (Tyson Foods Inc)

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Involuntary Proceedings. (i) An Any involuntary Insolvency Proceeding shall be is commenced or filed against the Borrower or any Subsidiary of its Subsidiaries the Borrower, or any writ, judgment, warrant of attachment, execution or similar process shall be process, is issued or levied against a substantial part of the Borrower's, 's or any of its Subsidiaries' propertiesProperties, 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) the Borrower or any of its Subsidiaries shall admit in writing admits the material allegations of a petition against it in any Insolvency Proceeding, or an order for relief (or similar order under non-United States U.S. law) against the Borrower or such Subsidiary is ordered in any Insolvency Proceeding; or or (iii) the Borrower or any of its Subsidiaries shall acquiesce 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;

Appears in 4 contracts

Samples: Credit Agreement (Esquire Communications LTD), Credit Agreement (Life Time Fitness Inc), Credit Agreement (Brickman Group LTD)

Involuntary Proceedings. (i) An Any involuntary Insolvency Proceeding shall be is commenced or filed against the Borrower or any Subsidiary of its Subsidiaries the Borrower, or any writ, judgment, warrant of attachment, execution or similar process shall be process, is issued or levied against a substantial part of the Borrower's, Borrower or any Subsidiary or any of its Subsidiaries' 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) the Borrower or any Subsidiary of its Subsidiaries shall admit in writing 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-United States U.S. law) against the Borrower or such Subsidiary is ordered in any Insolvency Proceeding; or or (iii) the Borrower or any Subsidiary of its Subsidiaries shall acquiesce 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 3 contracts

Samples: Credit Agreement (Atmos Energy Corp), Credit Agreement (Atmos Energy Corp), Credit Agreement (Atmos Energy Corp)

Involuntary Proceedings. (i) An Any involuntary Insolvency Proceeding shall be is commenced or filed against the Borrower or any Subsidiary of its Subsidiaries the Borrower, or any writ, judgment, warrant of attachment, execution or similar process shall be process, is issued or levied against a substantial part of the Borrower's, 's or any of its Subsidiaries' propertiesProperties, 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) the Borrower or any of its Subsidiaries shall admit in writing admits the material allegations of a petition against it in any Insolvency Proceeding, or an order for relief (or similar order under non-United States U.S. law) against the Borrower or such Subsidiary is ordered in any Insolvency Proceeding; or or (iii) the Borrower or any of its Subsidiaries shall acquiesce 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: Credit Agreement (Packaged Ice Inc), Credit Agreement (Packaged Ice Inc)

Involuntary Proceedings. (i) An Any involuntary Insolvency Proceeding shall be is commenced or filed against the Borrower or any Subsidiary of its Subsidiaries the Borrower, or any writ, judgment, warrant of attachment, execution or similar process shall be process, is issued or levied against a substantial part of the Borrower's, ’s or any of its Subsidiaries' 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) the Borrower or any of its Subsidiaries shall admit in writing admits the material allegations of a petition against it in any Insolvency Proceeding, or an order for relief (or similar order under non-United States U.S. law) against the Borrower or such Subsidiary is ordered in any Insolvency Proceeding; or or (iii) the Borrower or any of its Subsidiaries shall acquiesce 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: Credit Agreement (Panther Expedited Services, Inc.), Credit Agreement (Panther Expedited Services, Inc.)

Involuntary Proceedings. (i) An involuntary Any Insolvency Proceeding shall be commenced or filed against Borrower, the Borrower REIT, any of their Subsidiaries, or any of its Subsidiaries Management Entity or any writ, judgment, warrant of attachment, execution or similar process process, shall be issued or levied against a substantial part of the Borrower's, or any of its Subsidiaries' propertiessuch Person'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 sixty (60) days after commencement, filing or levy; ; (ii) Borrower, the Borrower REIT or any of its their Subsidiaries shall admit in writing the material allegations of a petition against it in any Insolvency Proceeding, or an order for relief (or similar order under non-United States U.S. law) against the Borrower or such Subsidiary is ordered in any Insolvency Proceeding; or or (iii) Borrower, the Borrower REIT, any of their Subsidiaries or any of its Subsidiaries Management Entity shall acquiesce 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: Credit Agreement (Apartment Investment & Management Co), Credit Agreement (Apartment Investment & Management Co)

Involuntary Proceedings. (i) An Any involuntary Insolvency Proceeding shall be is commenced or filed against the Borrower or any Subsidiary of its Subsidiaries the Borrower, or any writ, judgment, warrant of attachment, execution or similar process shall be process, is issued or levied against a substantial part of the properties of Borrower's, or any Subsidiary of its Subsidiaries' propertiesthe Borrower, 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) the Borrower, any Subsidiary of the Borrower or any of its Subsidiaries shall admit in writing admits the material allegations of a petition against it in any Insolvency Proceeding, or an order for relief (or similar order under non-United States U.S. law) against the Borrower or such Subsidiary is ordered in any Insolvency Proceeding; or or (iii) the Borrower, any Subsidiary of the Borrower or any of its Subsidiaries shall acquiesce acquiesces in the appointment of a receiver, trustee, custodian, conservator, liquidator, mortgagee in possession (or agent therefor) therefore), or other similar Person for itself or a substantial portion of its property or business;; or

Appears in 2 contracts

Samples: Credit Agreement (Black Hills Corp /Sd/), Credit Agreement (Black Hills Corp /Sd/)

Involuntary Proceedings. (i) An Any involuntary Insolvency Proceeding shall be is commenced or filed against the Borrower or any of its Subsidiaries Subsidiary, or any writ, judgment, warrant of attachment, execution or similar process shall be process, is issued or levied against a substantial part of the Borrower's, ’s or any of its Subsidiaries' 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 vacated, stayed or fully bonded within 60 sixty (60) days after commencement, filing or levy; orlevy; (ii) the Borrower or any of its Subsidiaries shall admit in writing Subsidiary admits the material allegations of a petition against it in any Insolvency Proceeding, or an order for relief (or similar order under non-United States U.S. law) against the Borrower or such Subsidiary is ordered in any Insolvency Proceeding; or (iii) the Borrower or any of its Subsidiaries shall acquiesce 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 (iv) the Borrower or any Subsidiary shall become subject to any conservation, rehabilitation or liquidation order, directive or mandate issued by any Governmental Authority; or

Appears in 1 contract

Samples: Credit Agreement (Montpelier Re Holdings LTD)

Involuntary Proceedings. (i) An Any involuntary Insolvency Proceeding shall be commenced or filed against the Borrower or any of its Subsidiaries Subsidiaries, or any writ, judgment, warrant of attachment, execution or similar process shall be issued or levied against a substantial part of the Borrower's, 's or any of its Subsidiaries' propertiesProperties, 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) if the Borrower or any of its Subsidiaries shall admit in writing the material allegations of a petition against it in any Insolvency Proceeding, or an order for relief (or similar order under non-United States U.S. law) against the Borrower or such Subsidiary is ordered in any Insolvency Proceeding; or or (iii) the Borrower or any of its Subsidiaries shall acquiesce 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: Revolving Credit Agreement (S3 Inc)

Involuntary Proceedings. (i) An Any involuntary Insolvency Proceeding shall be is commenced or filed against the Borrower or any of its Subsidiaries Subsidiaries, or any writ, judgment, warrant of attachment, execution or similar process shall be process, is issued or levied against a substantial part of the Borrower's, 's or any of its Subsidiaries' 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) the Borrower or any of its Subsidiaries shall admit in writing admits the material allegations of a petition against it in any Insolvency Proceeding, or an order for relief (or similar order under non-United States U.S. law) against the Borrower or such Subsidiary is ordered in any Insolvency Proceeding; or or (iii) the Borrower or any of its Subsidiaries shall acquiesce 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 (Motivepower Industries Inc)

Involuntary Proceedings. (i) An Any involuntary Insolvency Proceeding shall be is commenced or filed against the a Borrower or any Subsidiary of its Subsidiaries a Borrower, or any writ, judgment, warrant of attachment, execution or similar process shall be process, is issued or levied against a substantial part of the a Borrower's, ’s or any of its Subsidiaries' 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) the a Borrower or any of its Subsidiaries shall admit in writing admits the material allegations of a petition against it in any Insolvency Proceeding, or an order for relief (or similar order under non-United States U.S. law) against the Borrower or such Subsidiary is ordered in any Insolvency Proceeding; or or (iii) the a Borrower or any of its Subsidiaries shall acquiesce 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: Revolving Credit and Term Loan Agreement (Commercial Vehicle Group, Inc.)

Involuntary Proceedings. (i) An Any involuntary Insolvency Proceeding shall be is commenced or filed against the Borrower Company or any Subsidiary of its Subsidiaries the Company, or any writ, judgment, warrant of attachment, execution or similar process shall be process, is issued or levied against a substantial part of the Borrower's, Company’s or any of its Subsidiaries' 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) the Borrower Company or any of its Subsidiaries shall admit in writing admits the material allegations of a petition against it in any Insolvency Proceeding, or an order for relief (or similar order under non-United States U.S. law) against the Borrower or such Subsidiary is ordered in any Insolvency Proceeding; or or (iii) the Borrower Company or any of its Subsidiaries shall acquiesce 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: Note Purchase Agreement (Panther Expedited Services, Inc.)

Involuntary Proceedings. (i) An Any involuntary Insolvency Proceeding shall be is commenced or filed against the Borrower or any of its Subsidiaries Subsidiaries, or any writ, judgment, warrant of attachment, execution or similar process shall be process, is issued or levied against a substantial part of the Borrower's, 's or any of its 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) the Borrower or any of its Subsidiaries shall admit in writing admits the material allegations of a petition against it in any Insolvency Proceeding, or an order for relief (or similar order under non-United States U.S. law) against the Borrower or such Subsidiary is ordered in any Insolvency Proceeding; or or (iii) the Borrower or any of its Subsidiaries shall acquiesce 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 (h)

Appears in 1 contract

Samples: Credit Agreement (Abc Naco Inc)

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Involuntary Proceedings. (i) An Any involuntary Insolvency Proceeding shall be is commenced or filed against the Borrower New USI or any of its Subsidiaries Material Subsidiaries, or any writ, judgment, warrant of attachment, execution or similar process shall be process, is issued or levied against a substantial part of the Borrower's, New USI's or any 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) the Borrower New USI or any of its Material Subsidiaries shall admit in writing admits the material allegations of a petition against it in any Insolvency Proceeding, or an order for relief (or similar order under non-United States U.S. law) against the Borrower or such Subsidiary is ordered in any Insolvency Proceeding; or or (iii) the Borrower New USI or any of its Material Subsidiaries shall acquiesce 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 (Us Industries Inc /De)

Involuntary Proceedings. (i) An Any involuntary Insolvency Proceeding shall be is commenced or filed against the Borrower or any of its Subsidiaries Subsidiary, or any writ, judgment, warrant of attachment, execution or similar process shall be process, is issued or levied against a substantial part of the Borrower's, ’s or any of its Subsidiaries' 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 vacated, stayed or fully bonded within 60 sixty (60) days after commencement, filing or levy; ; (ii) the Borrower or any of its Subsidiaries shall admit in writing Subsidiary admits the material allegations of a petition against it in any Insolvency Proceeding, or an order for relief (or similar order under non-United States U.S. law) against the Borrower or such Subsidiary is ordered in any Insolvency Proceeding; or (iii) the Borrower or any of its Subsidiaries shall acquiesce 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 (iv) the Borrower or any Subsidiary shall become subject to any conservation, rehabilitation or liquidation order, directive or mandate issued by any Governmental Authority; or

Appears in 1 contract

Samples: Credit Agreement (Blue Capital Reinsurance Holdings Ltd.)

Involuntary Proceedings. (i) An Any involuntary Insolvency Proceeding shall be is commenced or filed against the Borrower or any of its Subsidiaries Subsidiaries, or any writ, judgment, warrant of attachment, execution or similar process shall be process, is issued or levied against a substantial part of the Borrower's, ’s or any of its Subsidiaries' properties’ Property, 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) the Borrower or any of its Subsidiaries shall admit in writing admits the material allegations of a petition against it in any Insolvency Proceeding, or an order for relief (or similar order under non-United States U.S. law) against the Borrower or such Subsidiary is ordered in any Insolvency Proceeding; or or (iii) the Borrower or any of its Subsidiaries shall acquiesce 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 (WII Components, Inc.)

Involuntary Proceedings. (i) An involuntary Insolvency Proceeding shall be commenced against the Borrower or any of its Subsidiaries or any writ, judgment, warrant of attachment, execution or similar process shall be issued or levied against a substantial part of the Borrower's, or any of its 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) ; the Borrower or any of its Subsidiaries shall admit in writing the material allegations of a petition against it in any Insolvency Proceeding, or an order for relief (or similar order under non-United States law) against the Borrower or such Subsidiary is ordered in any Insolvency Proceeding; or (iii) or the Borrower or any of its Subsidiaries shall acquiesce 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;

Appears in 1 contract

Samples: Credit Agreement (Tyson Foods Inc)

Involuntary Proceedings. (i) An Any involuntary Insolvency Proceeding shall be commenced or filed against the Borrower or any of its Subsidiaries Subsidiaries, or any writ, judgment, warrant of attachment, execution or similar process shall be issued or levied against a substantial part of the Borrower's, 's or any of its Subsidiaries' propertiesProperties, 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) if the Borrower or any of its Subsidiaries shall admit in writing the material allegations of a petition against it in any Insolvency Proceeding, or an order for relief (or similar order under non-United States non- U.S. law) against the Borrower or such Subsidiary is ordered in any Insolvency Proceeding; or or (iii) the Borrower or any of its Subsidiaries shall acquiesce 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: Revolving Credit Agreement (Certified Grocers of California LTD)

Involuntary Proceedings. (i) An Any involuntary Insolvency Proceeding shall be is commenced or filed against the Borrower or any of its Subsidiaries Subsidiaries, or any writ, judgment, warrant of attachment, execution or similar process shall be process, is issued or levied against a substantial part of the Borrower's, 's or any of its Subsidiaries' propertiesProperty, 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) the Borrower or any of its Subsidiaries shall admit in writing admits the material allegations of a petition against it in any Insolvency Proceeding, or an order for relief (or similar order under non-United States U.S. law) against the Borrower or such Subsidiary is ordered in any Insolvency Proceeding; or or (iii) the Borrower or any of its Subsidiaries shall acquiesce 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;

Appears in 1 contract

Samples: Credit Agreement (PrimeWood, Inc.)

Involuntary Proceedings. (i) An Any involuntary Insolvency Proceeding shall be commenced or filed against the Borrower Borrower, the REIT, or any of its Subsidiaries Subsidiary Guarantor, or any writ, judgment, warrant of attachment, execution or similar process process, shall be issued or levied against a substantial part of the Borrower's, or any of its Subsidiaries' propertiessuch Person'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 sixty (60) days after commencement, filing or levy; ; (ii) the Borrower Borrower, the REIT, or any of its Subsidiaries Subsidiary Guarantor shall admit in writing the material allegations of a petition against it in any Insolvency Proceeding, or an order for relief (or similar order under non-United States U.S. law) against the Borrower or such Subsidiary is ordered in any Insolvency Proceeding; or or (iii) the Borrower Borrower, the REIT, or any of its Subsidiaries Subsidiary Guarantor shall acquiesce 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 (American Realty Capital Trust, Inc.)

Involuntary Proceedings. (i) An involuntary Insolvency Proceeding shall be commenced against the Borrower or any of its Subsidiaries or any writ, judgment, warrant of attachment, execution or similar process shall be issued or levied against a substantial part of the Borrower's, or any of its 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) the Borrower or any of its Subsidiaries shall admit in writing the material allegations of a petition against it in any Insolvency Proceeding, or an order for relief (or similar order under non-United non‑United States law) against the Borrower or such Subsidiary is ordered in any Insolvency Proceeding; or (iii) the Borrower or any of its Subsidiaries shall acquiesce 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;

Appears in 1 contract

Samples: 364 Day Credit Agreement (Tyson Foods Inc)

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