Liquidation, Dissolution or Bankruptcy. (i) Upon any distribution of assets of the Obligor to creditors or upon a liquidation or dissolution or winding-up of the Obligor or in a bankruptcy, arrangement, liquidation, reorganization, insolvency, receivership or similar case or proceeding relating to the Obligor or its property or other marshalling of assets of the Obligor:
Liquidation, Dissolution or Bankruptcy. Upon any payment or distribution of the assets of the Company upon a total or partial liquidation or dissolution or reorganization of or similar proceeding relating to the Company or its property, or in a bankruptcy, insolvency, receivership or similar proceeding relating to the Company or its property,
Liquidation, Dissolution or Bankruptcy. Upon any payment or distribution of the assets of a Subsidiary Guarantor upon a total or partial liquidation or dissolution or reorganization of or similar proceeding relating to such Subsidiary Guarantor or its property, or in a bankruptcy, insolvency, receivership or similar proceeding relating to such Subsidiary Guarantor or its property,
Liquidation, Dissolution or Bankruptcy. Upon any payment or distribution of assets or securities of the Company of any kind or character, whether in cash, property or securities, upon any dissolution or winding up or total or partial liquidation or reorganization of the Company, whether voluntary or involuntary, or in bankruptcy, insolvency, receivership or other proceedings or upon an assignment for the benefit of creditors or any other marshalling of the assets and liabilities of the Company, all Senior Debt shall first be paid in full in cash, or payment provided for in cash or cash equivalents in a manner satisfactory to the holders of Senior Debt, before any direct or indirect payments or distributions, including, without limitation, by exercise of set-off, of any cash, property or securities on account of principal of (or premium, if any) or interest on the Notes and to that end the holders of Senior Debt shall be entitled to receive (subject to any agreements among the holders of Senior Debt, pro rata on the basis of the respective amounts of Senior Debt held by them) directly, for application to the payment thereof (to the extent necessary to pay all Senior Debt in full after giving effect to any substantially concurrent payment or distribution to or provision for payment to the holders of such Senior Debt), any payment or distribution of any kind or character, whether in cash, property or securities, which the Holders of the Notes would be entitled but for this Article XIII, except that the Holders of the Notes may receive and retain equity securities of the Company or debt securities of the Company that are subordinated to Senior Debt (and any debt securities issued in exchange for Senior Debt) to substantially the same extent as, or to a greater extent than, the Notes are subordinated to the Senior Debt pursuant to this Article XIII. The holders of Senior Debt are hereby authorized to file an appropriate claim for and on behalf of the Holders if they or any of them do not file, and there is not otherwise filed on behalf of the Holders, a proper claim or proof of claim in the form required in any such proceeding prior to 30 days before the expiration of the time to file such claim or claims.
Liquidation, Dissolution or Bankruptcy. Upon any payment or distribution of the assets of the Company upon a total or partial liquidation or dissolution, bankruptcy, reorganization, insolvency, receivership or similar proceeding relating to the Company or its property, or an assignment for the benefit of its creditors or any marshalling of the Company’s assets or liabilities, the holders of Senior Indebtedness shall be entitled to receive payment in full in cash of all the Senior Indebtedness before Holders are entitled to receive any payment, and until the Senior Indebtedness of the Company is paid in full in cash, any payment or distribution to which Holders would be entitled but for this Article 10 shall be made to holders of the Senior Indebtedness as their interests may appear.
Liquidation, Dissolution or Bankruptcy. Upon any payment or distribution of the assets of a Guarantor upon a total or partial liquidation or dissolution, bankruptcy, reorganization, insolvency, receivership or similar proceeding relating to such Guarantor or its property, or an assignment for the benefit of its creditors or any marshalling of the Guarantor’s assets or liabilities, the holders of Senior Indebtedness of such Guarantor shall be entitled to receive payment in full in cash of all such Senior Indebtedness of such Guarantor before Holders are entitled to receive any payment under any Guarantee, and until the Senior Indebtedness of such Guarantor is paid in full in cash, any payment or distribution to which Holders would be entitled but for this Article 12 shall be made to holders of such Senior Indebtedness of such Guarantor as their interests may appear.
Liquidation, Dissolution or Bankruptcy. Commencement of any liquidation, dissolution or voluntary bankruptcy, administration, insolvency proceeding, recapitalization or reorganization of the Company or its Subsidiaries in any form of transaction, any arrangement with creditors, or the consent to entry of an order for relief in an involuntary case, or the conversion of an involuntary case to a voluntary case, or the consent to any plan of reorganization in any involuntary or voluntary case, or the consent to the appointment or taking possession by a receiver, trustee or other custodian for all or any portion of its property, or otherwise seek the protection of any applicable bankruptcy or insolvency law; Schedule A
Liquidation, Dissolution or Bankruptcy. Upon any payment or distribution of the assets of the Company to creditors, upon a total or partial liquidation or dissolution of the Company or reorganization of or similar proceeding relating to the Company or its property, the holders of Guarantor Senior Indebtedness of the Company shall be entitled to receive payment in full of such Guarantor Senior Indebtedness of the Company before the Purchasers are entitled to receive any payment and until the Guarantor Senior Indebtedness is paid in full, any payment or distribution on any Guarantee to which a Purchaser would be entitled but for this Article IX shall be made to holders of such Guarantor Senior Indebtedness of the Company as their interests may appear. If a distribution is made to Purchasers that due to this Article IX should not have been made to them, such Purchasers are required to hold it in trust for the holders of Guarantor Senior Indebtedness of the Company and pay it over to them as their interests may appear (except that the Purchasers may receive and retain Permitted Junior Securities).
Liquidation, Dissolution or Bankruptcy. If the Company: (i) adopts a plan of liquidation or of dissolution; (ii) commences a voluntary proceeding under the federal bankruptcy law or any other applicable state or federal bankruptcy, insolvency or similar law; (iii) consents to the entry of an order for relief in any involuntary case under such law; (iv) consents to the appointment of a receiver, liquidator, assignee, custodian, trustee or sequestrator (or similar official) of the Company or of any substantial part of its property; (v) makes an assignment for the benefit of its creditors; or (vi) admits in writing its inability to pay its debts generally as they become due; and on account of any such event the Company shall liquidate, dissolve or wind up, then, and in that event, the holders of Series A Preferred shall be entitled to receive, prior and in preference to any distribution of any of the assets of the Company to the holders of the Common Stock or to the Table of Contents holders of any other junior series of preferred stock, by reason of their ownership thereof and subject to the rights of any other class or series of Company stock subsequently issued that ranks senior to the Series A Preferred with respect to liquidation rights (“Senior Stock”), an amount per share in cash or equivalent value in securities or other consideration equal to any declared but unpaid Dividends as provided in Section 1.1 above (“Series A Preference Amount”) ratably with any class or series ranking on a parity with the Series A Preferred (“Series A Parity Stock”) in proportion to the respective preference amounts each such holder of Series A Parity Stock would otherwise be entitled to receive. If the amount of such distribution after payment to any Senior Stock is insufficient to permit full payment of the Series A Preference Amount to the holders of the Series A Preferred, then such distribution shall be distributed ratably to the holders of the Series A Preferred and Series A Parity Stock in proportion to the respective preference amount each such holder would otherwise be entitled to receive. Any remaining funds and assets of the Company legally available for distribution to shareholders shall be distributed pro rata among the holders of Series A Preferred on an as-converted basis and the Common Stock. For the avoidance of doubt, “on an as-converted basis” means that each share of Series A Preferred Stock shall entitle the holder thereof to receive the amount of the remaining funds and assets of the Compan...
Liquidation, Dissolution or Bankruptcy. Commencement or the filing of any bankruptcy, insolvency or liquidation proceeding (including, but not limited to, any chapter 11 or chapter 7 proceeding, any scheme of arrangement, any UK administration or any other similar or analogous proceeding) for the Company or any of its material subsidiaries. • Certain Sales of the Company. Entering into any agreement or other transaction providing for a direct or indirect sale or other transfer of a majority of the equity interests in the Company or all or substantially all of the assets of the Company or any of its subsidiaries taken as whole, whether through an equity issuance, transfer of equity, merger, consolidation, amalgamation or otherwise (a “Sale of the Company”) that would not result in the repayment in full of all indebtedness under, including all fees, expenses and amounts due pursuant to, the EEUK Credit Agreement so long as such refinancing and repayment is completed in full at least 21 days prior to maturity of the EEUK Credit Agreement.
