Common use of Voluntary Bankruptcy; Appointment of Custodian, Etc Clause in Contracts

Voluntary Bankruptcy; Appointment of Custodian, Etc. The Company or any Material Subsidiary pursuant to or within the meaning of any Bankruptcy Law: (A) commences a voluntary case or proceeding, or (B) consents to the entry of a Bankruptcy Order for relief against it in an involuntary case or proceeding, or (C) consents to the appointment of a Custodian of it or for all or substantially all of its property, or (D) makes a general assignment for the benefit of its creditors or files a proposal or scheme of arrangement involving the rescheduling or composition of its indebtedness, or (E) consents to the filing of a petition in bankruptcy against it, or (F) shall generally not pay its debts when such debts become due or shall admit in writing its inability to pay its debts generally.

Appears in 4 contracts

Samples: Senior Subordinated Credit Agreement (T Sf Communications Corp), Senior Subordinated Credit Agreement (Capstone Pharmacy Services Inc), Senior Credit Agreement (Chancellor Radio Broadcasting Co)

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Voluntary Bankruptcy; Appointment of Custodian, Etc. The the Company or any Material Subsidiary pursuant to or within the meaning of any Bankruptcy Law: (Ai) commences a voluntary case or proceeding, or (Bii) consents to the entry of a Bankruptcy Order for relief against it in an involuntary case or proceeding, or (Ciii) consents to the appointment of a Custodian of it or for all or substantially all of its property, or (Div) makes a general assignment for the benefit of its creditors or files a proposal or scheme of arrangement involving the rescheduling or composition of its indebtedness, or (Ev) consents to the filing of a petition in bankruptcy against it, or (F) shall generally not pay its debts when such debts become due or shall admit in writing its inability to pay its debts generally.;

Appears in 2 contracts

Samples: Second Lien Senior Credit Agreement (Wellman Inc), First Lien Senior Credit Agreement (Wellman Inc)

Voluntary Bankruptcy; Appointment of Custodian, Etc. The Company Borrower or any Material Subsidiary pursuant to or within the meaning of any Bankruptcy Law: (A) commences a voluntary case or proceeding, or (B) consents to the entry of a Bankruptcy Order for relief against it in an involuntary case or proceeding, or (C) consents to the appointment of a Custodian of it or for all or substantially all of its property, or (D) makes a general assignment for the benefit of its creditors or files a proposal or scheme of arrangement involving the rescheduling or composition of its indebtedness, or (E) consents to the filing of a petition in bankruptcy against it, or (F) shall generally not pay its debts when such debts become due or shall admit in writing its inability to pay its debts generally.; or

Appears in 2 contracts

Samples: Senior Subordinated Credit Agreement (Primestar Inc), Senior Subordinated Credit Agreement (Primestar Inc)

Voluntary Bankruptcy; Appointment of Custodian, Etc. The Company or any Material Subsidiary pursuant to or within the meaning of any Bankruptcy Law: (A1) commences a voluntary case or proceeding, or (B2) consents to the entry of a Bankruptcy Order for relief against it in an involuntary case or proceeding, or (C3) consents to the appointment of a Custodian of it or for all or substantially all of its property, or (D4) makes a general assignment for the benefit of its creditors or files a proposal or scheme of arrangement involving the rescheduling or composition of its indebtedness, or (E5) consents to the filing of a petition in bankruptcy against it, or (F6) shall generally not pay its debts when such debts become due or shall admit in writing its inability to pay its debts generally.; or

Appears in 1 contract

Samples: Loan Agreement (Formus Communications Inc)

Voluntary Bankruptcy; Appointment of Custodian, Etc. The Company or any Material Subsidiary Any Relevant Party pursuant to or within the meaning of any Bankruptcy Law: (A) commences a voluntary case or proceeding, or (B) consents to the entry of a Bankruptcy Order for relief against it in an involuntary case or proceeding, or (C) consents to the appointment of a Custodian of it or for all or substantially all of its property, or (D) makes a general assignment for the benefit of its creditors or files a proposal or scheme of arrangement involving the rescheduling or composition of its indebtedness, or (E) consents to the filing of a petition in bankruptcy against it, or (F) shall generally not pay its debts when such debts become due or shall admit in writing its inability to pay its debts generally.; or

Appears in 1 contract

Samples: Senior Secured Credit Agreement (Advanced Radio Telecom Corp)

Voluntary Bankruptcy; Appointment of Custodian, Etc. The Company or any Material Subsidiary of its Subsidiaries pursuant to or within the meaning of any Bankruptcy Law: (A) commences a voluntary case or proceeding, or (B) consents to the entry of a Bankruptcy Order for relief against it in an involuntary case or proceeding, or (C) consents to the appointment of a Custodian of it or for all or substantially all of its property, or (D) makes a general assignment for the benefit of its creditors or files a proposal or scheme of arrangement involving the rescheduling or composition of its indebtedness, or (E) consents to the filing of a petition in bankruptcy against it, or (F) shall generally not pay its debts when such debts become due or shall admit in writing its inability to pay its debts generally.; or

Appears in 1 contract

Samples: Credit Agreement (Republic Engineered Steels Inc)

Voluntary Bankruptcy; Appointment of Custodian, Etc. The Company Either of the Borrowers or any Material Subsidiary of their Subsidiaries pursuant to or within the meaning of any Bankruptcy Law: (A) commences a voluntary case or proceeding, or (B) consents to the entry of a Bankruptcy Order for relief against it in an involuntary case or proceeding, or (C) consents to the appointment of a Custodian of it or for all or substantially all of its property, or (D) makes a general assignment for the benefit of its creditors or files a proposal or scheme of arrangement involving the rescheduling or composition of its indebtedness, or (E) consents to the filing of a petition in bankruptcy against it, or (F) shall generally not pay its debts when such debts become due or shall admit in writing its inability to pay its debts generally.

Appears in 1 contract

Samples: Senior Subordinated Credit Agreement (Advanced Glassfiber Yarus LLC)

Voluntary Bankruptcy; Appointment of Custodian, Etc. The Company Holdings or any Material Subsidiary pursuant to or within the meaning of any Bankruptcy Law: (Aa) commences a voluntary case or proceeding, or (Bb) consents to the entry of a Bankruptcy Order for relief against it in an involuntary case or proceeding, or (Cc) consents to the appointment of a Custodian of it or for all or substantially all of its property, or (Dd) makes a general assignment for the benefit of its creditors or files a proposal or scheme of arrangement involving the rescheduling or composition of its indebtedness, or (Ee) consents to the filing of a petition in bankruptcy against it, or (Ff) shall generally not pay its debts when such debts become due or shall admit in writing its inability to pay its debts generally.; or

Appears in 1 contract

Samples: Loan Agreement (Elgar Holdings Inc)

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Voluntary Bankruptcy; Appointment of Custodian, Etc. The Company or any Material Subsidiary pursuant to or within the meaning of any Bankruptcy Law: (A1) commences a voluntary case or proceeding, or (B2) consents to the entry of a Bankruptcy Order for relief against it in an involuntary case or proceeding, or (C3) consents to the appointment of a Custodian of it or for all or substantially all of its property, or (D4) makes a general assignment for the benefit of its creditors or files a proposal or scheme of arrangement involving the rescheduling or composition of its indebtedness, or (E5) consents to the filing of a petition in bankruptcy against it, or (F6) shall generally not pay its debts when such debts become due or shall admit in writing its inability to pay its debts generally.

Appears in 1 contract

Samples: Senior Bridge Loan Credit Agreement (Equinix Inc)

Voluntary Bankruptcy; Appointment of Custodian, Etc. The Company Company, Publishing, the Guarantor or any Material Subsidiary of their respective Subsidiaries pursuant to or within the meaning of any Bankruptcy Law: (A) commences a voluntary case or proceeding, or (B) consents to the entry of a Bankruptcy Order for relief against it in an involuntary case or proceeding, or (C) consents to the appointment of a Custodian of it or for all or substantially all of its property, or (D) makes a general assignment for the benefit of its creditors or files a proposal or scheme of arrangement involving the rescheduling or composition of its indebtednessIndebtedness, or (E) consents to the filing of a petition in bankruptcy against it, or (F) shall generally not pay its debts when such debts become due or shall admit in writing its inability to pay its debts generally.

Appears in 1 contract

Samples: Note Purchase Agreement (Golden Books Family Entertainment Inc)

Voluntary Bankruptcy; Appointment of Custodian, Etc. The Company or any Material Subsidiary pursuant to or within the meaning of any Bankruptcy Law: (A) commences a voluntary case or proceeding, or (B) consents to the entry of a Bankruptcy Order for relief against it in an involuntary case or proceeding, oror 88 -82- (C) consents to the appointment of a Custodian of it or for all or substantially all of its property, or (D) makes a general assignment for the benefit of its creditors or files a proposal or scheme of arrangement involving the rescheduling or composition of its indebtedness, or (E) consents to the filing of a petition in bankruptcy against it, or (F) shall generally not pay its debts when such debts become due or shall admit in writing its inability to pay its debts generally.

Appears in 1 contract

Samples: Senior Secured Credit Agreement (Cityscape Financial Corp)

Voluntary Bankruptcy; Appointment of Custodian, Etc. The Company or any Material Subsidiary pursuant to or within the meaning of any Bankruptcy Law: (A) commences a voluntary case or proceeding, or (B) consents to the entry of a Bankruptcy Order for relief against it in an involuntary case or proceeding, or (C) consents to the appointment of a Custodian of it or for all or substantially all of its property, or (D) makes a general assignment for the benefit of its creditors or files a proposal or scheme of arrangement involving the rescheduling or composition of its indebtedness, or (E) consents to the filing of a petition in bankruptcy against it, or (F) shall generally not pay its debts when such debts become due or shall admit in writing its inability to pay its debts generally.; or

Appears in 1 contract

Samples: Senior Credit Agreement (Young America Holdings Inc)

Voluntary Bankruptcy; Appointment of Custodian, Etc. The Company Borrower or any Material Subsidiary of the Borrower pursuant to or within the meaning of any Bankruptcy Law: (A) commences a voluntary case or proceeding, or (B) consents to the entry of a Bankruptcy Order for relief against it in an involuntary case or proceeding, or (C) consents to the appointment of a Custodian of it or for all or substantially all of its property, or (D) makes a general assignment for the benefit of its creditors or files a proposal or scheme of arrangement involving the rescheduling or composition of its indebtedness, or (E) consents to the filing of a petition in bankruptcy against it, or (F) shall generally not pay its debts when such debts become due or shall admit in writing its inability to pay its debts generally.

Appears in 1 contract

Samples: Senior Subordinated Credit Agreement (BGF Industries Inc)

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