No Bankruptcy or Insolvency. No order has been made or petition presented or resolution passed for the winding-up or bankruptcy of the Company, nor has the Company had (i) any petition or order for winding-up or bankruptcy filed against it, (ii) any appointment of a receiver over the whole or part of its assets, (iii) any petition or order for administration against it, (iv) any voluntary arrangement between any creditor and it, (v) any pending distress or execution or other process levied in respect of it, or (vi) been insolvent; there is no circumstances which would entitle any Person to present a petition for the winding-up or administration (or like action) of the Company or to appoint a receiver over the whole or any part of its undertaking or assets.
Appears in 3 contracts
Samples: Share Repurchase Agreement (BEST Inc.), Share Repurchase Agreement (Sina Corp), Share Repurchase Agreement (Zhou Xin)
No Bankruptcy or Insolvency. No order has been made or petition presented or resolution passed for the winding-up or bankruptcy of the Companysuch Investor, nor has the Company such Investor had (i) any petition or order for winding-up or bankruptcy filed against it, (ii) any appointment of a receiver over the whole or part of its assets, (iii) any petition or order for administration against it, (iv) any voluntary arrangement between any creditor and it, (v) any pending distress or execution or other process levied in respect of it, or (vi) been insolvent; there is no circumstances which would entitle any Person to present a petition for the winding-up or administration (or like action) of the Company such Investor or to appoint a receiver over the whole or any part of its undertaking or assets.
Appears in 3 contracts
Samples: Series G Preferred Share Purchase Agreement, Series G 2 Preferred Share Purchase Agreement (BEST Inc.), Series G Preferred Share Purchase Agreement (BEST Inc.)
No Bankruptcy or Insolvency. No order has been made or petition presented or resolution passed for the winding-up or bankruptcy of the Companysuch Selling Shareholder, nor has the Company such Selling Shareholder had (i) any petition or order for winding-up or bankruptcy filed against it, (ii) any appointment of a receiver over the whole or part of its assets, (iii) any petition or order for administration against it, (iv) any voluntary arrangement between any creditor and it, (v) any pending distress or execution or other process levied in respect of it, or (vi) been insolvent; there is no circumstances which would entitle any Person to present a petition for the winding-up or administration (or like action) of the Company such Selling Shareholder or to appoint a receiver over the whole or any part of its undertaking or assets.
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