Solvency Proceedings. Neither the Company nor any Subsidiary has: (a) admitted its inability to pay its debts generally as they become due or failed to pay its debts generally as they become due; (b) in respect of itself, filed an assignment or petition in bankruptcy or a petition to take advantage of any insolvency statute; (c) made an assignment for the benefit of its creditors; (d) consented to the appointment of a receiver of the whole or any substantial part of its assets; (e) filed a petition or answer seeking a reorganization, arrangement, adjustment or compensation in respect of itself under applicable bankruptcy laws or any other applicable law or statute of Canada, the United States or other applicable jurisdiction or any subdivision thereof; or (f) been adjudged by a court having jurisdiction a bankrupt or insolvent, nor has a decree or order of a court having jurisdiction been entered for the appointment of a receiver, liquidator, trustee or assignee in bankruptcy of the Company or any Subsidiary with such decree or order having remained in force and undischarged or unstayed for a period of 30 days.
Appears in 4 contracts
Samples: Note Purchase Agreement (Agnico Eagle Mines LTD), Note Purchase Agreement (Agnico Eagle Mines LTD), Note Purchase Agreement (Agnico Eagle Mines LTD)
Solvency Proceedings. Neither the Company nor any Subsidiary has:
(a) admitted its inability to pay its debts generally as they become due or failed to pay its debts generally as they become due;
(b) in respect of itself, filed an assignment or petition in bankruptcy or a petition to take advantage of any insolvency statute;
(c) made an assignment for the benefit of its creditors;
(d) consented to the appointment of a receiver of the whole or any substantial part of its assets;
(e) filed a petition or answer seeking a reorganization, arrangement, adjustment or compensation composition in respect of itself under applicable bankruptcy laws or any other applicable law or statute of Canada, the United States or other applicable jurisdiction or any subdivision thereof; or
(f) been adjudged by a court having jurisdiction a bankrupt or insolvent, nor has a decree or order of a court having jurisdiction been entered for the appointment of a receiver, liquidator, trustee or assignee in bankruptcy of the Company or any Subsidiary with such decree or order having remained in force and undischarged or unstayed for a period of 30 days.
Appears in 3 contracts
Samples: Note Purchase Agreement (Yamana Gold Inc), Note Purchase Agreement (Yamana Gold Inc.), Note Purchase Agreement (Yamana Gold Inc)
Solvency Proceedings. Neither the Company nor any Subsidiary No Subject Entity has:
(ai) admitted its inability to pay its debts generally as they become due or failed to pay its debts generally as they become due;
(bii) in respect of itself, filed an assignment or petition in bankruptcy or a petition to take advantage of any insolvency statute;
(ciii) made an assignment for the benefit of its creditors;
(div) consented to the appointment of a receiver of the whole or any substantial part of its assets;
(ev) filed a petition or answer seeking a reorganization, arrangement, adjustment or compensation composition in respect of itself under applicable bankruptcy laws or any other applicable law or statute of Canada, the United States or other applicable jurisdiction or any subdivision thereof; or
(fvi) been adjudged by a court having jurisdiction a bankrupt or insolvent, nor has a decree or order of a court having jurisdiction been entered for the appointment of a receiver, liquidator, trustee or assignee in bankruptcy of the Company or any Subsidiary Subject Entity with such decree or order having remained in force and undischarged or unstayed for a period of 30 days.
Appears in 3 contracts
Samples: Loan Agreement (4352351 Canada Inc.), Loan Agreement (Lundin Mining CORP), Credit Agreement (Yamana Gold Inc)
Solvency Proceedings. Neither the Company nor any Subsidiary No Obligor has:
(ai) admitted its inability to pay its debts generally as they become due or failed to pay its debts generally as they become due;
(bii) in respect of itself, filed an assignment or petition in bankruptcy or a petition to take advantage of any insolvency statute;
(ciii) made an assignment for the benefit of its creditors;
(div) consented to the appointment of a receiver of the whole or any substantial part of its assets;
(ev) filed a petition or answer seeking a reorganization, arrangement, adjustment or compensation composition in respect of itself under applicable bankruptcy laws or any other applicable law or statute of Canada, the United States or other applicable jurisdiction or any subdivision thereof; or
(fvi) been adjudged by a court having jurisdiction a bankrupt or insolvent, nor has a decree or order of a court having jurisdiction been entered for the appointment of a receiver, liquidator, trustee or assignee in bankruptcy of the any Company or any Subsidiary with such decree or order having remained in force and undischarged or unstayed for a period of 30 days.
Appears in 2 contracts
Samples: Credit Agreement (Allied Nevada Gold Corp.), Credit Agreement (Allied Nevada Gold Corp.)
Solvency Proceedings. Neither the Company nor any Subsidiary has:
: (a) admitted its inability to pay its debts generally as they become due or failed to pay its debts generally as they become due;
; (b) in respect of itself, filed an assignment or petition in bankruptcy or a petition to take advantage of any insolvency statute;
; (c) made an assignment for the benefit of its creditors;
; (d) consented to the appointment of a receiver of the whole or any substantial part of its assets;
; (e) filed a petition or answer seeking a reorganization, arrangement, adjustment or compensation composition in respect of itself under applicable bankruptcy laws or any other applicable law or statute of Canada, the United States or other applicable jurisdiction or any subdivision thereof; or
or (f) been adjudged by a court having jurisdiction a bankrupt or insolvent, nor has a decree or order of a court having jurisdiction been entered for the appointment of a 14 receiver, liquidator, trustee or assignee in bankruptcy of the Company or any Subsidiary with such decree or order having remained in force and undischarged or unstayed for a period of 30 days. 6.
Appears in 1 contract
Samples: Note Purchase Agreement
Solvency Proceedings. Neither the Company nor any Subsidiary No Obligor has:
(ai) admitted its inability to pay its debts generally as they become due or failed to pay its debts generally as they become due;
(bii) in respect of itself, filed an assignment or petition in bankruptcy or a petition to take advantage of any insolvency statute;
(ciii) made an assignment for the benefit of its creditors;
(div) consented to the appointment of a receiver of the whole or any substantial part of its assets;
(ev) filed a petition or answer seeking a reorganization, arrangement, adjustment or compensation composition in respect of itself under applicable bankruptcy laws or any other applicable law or statute of Canada, the United States or other applicable jurisdiction or any subdivision thereof; or
(fvi) been adjudged by a court having jurisdiction a bankrupt or insolvent, nor has a decree or order of a court having jurisdiction been entered for the appointment of a receiver, liquidator, trustee or assignee in bankruptcy of the Company or any Subsidiary Obligor with such decree or order having remained in force and undischarged or unstayed for a period of 30 days.
Appears in 1 contract