Common use of Solvency/Bankruptcy Clause in Contracts

Solvency/Bankruptcy. Seller has not (i) made any general assignment for the benefit of creditors, (ii) filed any voluntary petition in bankruptcy or suffered the filing of an involuntary petition in bankruptcy by Seller’s creditors, (iii) suffered the appointment of a receiver to take possession of all, or substantially all of Seller’s assets, (iv) suffered the attachment or other judicial seizure of all or substantially all, of Seller’s assets, (v) admitted in writing its inability to pay its debts as they come due, or (vi) made an offer of settlement, extension or composition to its creditors generally, and has not considered doing or undertaking, and has no current plans to do or undertake any of the foregoing. Furthermore, Seller has not and does not contemplate taking or having taken against it, any such actions.

Appears in 5 contracts

Samples: Purchase and Sale Agreement and Escrow Instructions (Chesapeake Lodging Trust), Purchase and Sale Agreement and Escrow Instructions (Chesapeake Lodging Trust), Purchase and Sale Agreement and Escrow Instructions (Chesapeake Lodging Trust)

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Solvency/Bankruptcy. Seller has and Operator are solvent and have not (i) made any general assignment for the benefit of creditors, (ii) filed any voluntary petition in bankruptcy or suffered the filing of an involuntary petition in bankruptcy by Seller’s creditors, (iii) suffered the appointment of a receiver to take possession of all, all or substantially all of Seller’s assets, (iv) suffered the attachment or other judicial seizure of all or substantially all, all of Seller’s assets, (v) admitted in writing its inability to pay its debts as they come due, or (vi) made an offer of settlement, extension or composition to its creditors generally, and has not considered doing or undertaking, and has no current plans to do or undertake any of the foregoing. Furthermore, Seller has and Operator have not and does do not contemplate taking taking, or having taken against it, any such actions.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Altitude International Holdings, Inc.)

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Solvency/Bankruptcy. Seller has not (i) made any general assignment for the benefit of creditors, (ii) filed any voluntary petition in bankruptcy or suffered the filing of an involuntary petition in bankruptcy by Seller’s 's creditors, (iii) suffered the appointment of a receiver to take possession of all, or substantially all of Seller’s 's assets, (iv) suffered the attachment or other judicial seizure of all or substantially all, of Seller’s 's assets, (v) admitted in writing its inability to pay its debts as they come due, or (vi) made an offer of settlement, extension or composition to its creditors generally, and has not considered doing or undertaking, and has no current plans to do or undertake any of the foregoing. Furthermore, Seller has not and does not contemplate taking or having taken against it, any such actions.

Appears in 1 contract

Samples: Purchase and Sale Agreement and Escrow Instructions (Ashford Hospitality Trust Inc)

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