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

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The Company or any of its Subsidiaries shall have an order for relief entered with respect to it or commence a voluntary case under the Bankruptcy Laws, or shall consent to the entry of an order for relief in an involuntary case, or to the conversion of an involuntary case to a voluntary case, under any such law, or shall consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of its property; or the Company or any of its Subsidiaries shall make any assignment for the benefit of creditors; or (ii) The Company shall be unable, or shall fail generally, or shall admit in writing its inability, to pay its debts as such debts become due; or the Board (or any committee thereof or similar governing body of any Subsidiary) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to in clause (i) above or this clause (ii); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The Holdings, Company or any of its Significant Subsidiaries shall have an order for relief entered with respect to it or commence a voluntary case under the Bankruptcy LawsCode or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, or shall consent to the entry of an order for relief in an involuntary case, or to the conversion of an involuntary case to a voluntary case, under any such law, or shall consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of its property; or the Holdings, Company or any of its Significant Subsidiaries shall make any assignment for the benefit of creditors; or (ii) The Holdings, Company or any of its Significant Subsidiaries shall be unable, or shall fail generally, or shall admit in writing its inability, to pay its debts as such debts become due; or the Board (or any committee thereof or similar governing body of any Subsidiary) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to in clause (i) above or this clause (ii); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (ia) The Company or any of its Subsidiaries shall have an order for relief entered with respect to it or commence a voluntary case under the Bankruptcy LawsCode or any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or shall consent to the entry of an order for relief in an involuntary case, or to the conversion of an involuntary case to a voluntary case, under any such law, or shall consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of its property; or (b) the Company or any of its Subsidiaries shall make makes any assignment for the benefit of creditors; or or (iic) The the board of directors of the Company shall be unable, or shall fail generally, or shall admit in writing any of its inability, to pay its debts as such debts become due; or the Board Subsidiaries (or any committee thereof or similar governing body of any Subsidiarythereof) shall adopt adopts any resolution or otherwise authorize authorizes any action to approve any of the actions referred to in clause (i) above or this clause (ii)foregoing; or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The Company Any of the General Partner, the Borrower, or any of its Subsidiaries to which $500,000,000 or more of the Combined Equity Value is attributable, or any Qualified Borrower, shall have an order for relief entered with respect to it or commence a voluntary case under the Bankruptcy Lawsany applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or shall consent to the entry of an order for relief in an involuntary case, or to the conversion of an involuntary case to a voluntary case, under any such law, or shall consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of its propertyProperty; or the Company or any of its the General Partner, the Borrower or any of such Subsidiaries or any such Qualified Borrower shall make any assignment for the benefit of creditors; or (ii) The Company creditors or shall be unableunable or fail, or shall fail generally, or shall admit in writing its inability, to pay its debts as such debts become due; or the Board (or any committee thereof or similar governing body of any Subsidiary) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to in clause (i) above or this clause (ii); or.

Voluntary Bankruptcy; Appointment of Receiver, Etc. (ia) The Company -------------------------------------------------- or any of its Subsidiaries shall have an order for relief entered with respect to it or commence a voluntary case under the Bankruptcy LawsCode or any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or shall consent to the entry of an order for relief in an involuntary case, or to the conversion of an involuntary case to a voluntary case, under any such law, or shall consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of its property; or (b) the Company or any of its Subsidiaries shall make makes any assignment for the benefit of creditors; or or (iic) The the board of directors of the Company shall be unable, or shall fail generally, or shall admit in writing any of its inability, to pay its debts as such debts become due; or the Board Subsidiaries (or any committee thereof or similar governing body of any Subsidiarythereof) shall adopt adopts any resolution or otherwise authorize authorizes any action to approve any of the actions referred to in clause (i) above or this clause (ii)foregoing; or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The Company Borrower or any of its Subsidiaries shall have an order for relief entered with respect to it or shall commence a voluntary case under the Bankruptcy Lawsany Debtor Relief Laws now or hereafter in effect, or shall consent to the entry of an order for relief in an involuntary case, or to the conversion of an involuntary case to a voluntary case, under any such law, or shall consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of its property; or the Company Borrower or any of its Subsidiaries shall make any assignment for the benefit of creditors; or or (ii) The Company Borrower or any of its Subsidiaries shall be unable, or shall fail generally, or shall admit in writing its inability, to pay its debts as such debts become due; or the Board (or any committee thereof or similar governing body of any Subsidiary) shall adopt any resolution or otherwise authorize take any action to approve for the purpose of effecting any of the actions referred to in clause (ithis Section 8.1(g) above or this clause (iiin Section 8.1(f); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The Company Any of the General Partners, the Borrower, or any of its Subsidiaries to which $150,000,000 or more of the Combined Equity Value is attributable, or any Qualified Borrower, shall have an order for relief entered with respect to it or commence a voluntary case under the Bankruptcy Lawsany applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or shall consent to the entry of an order for relief in an involuntary case, or to the conversion of an involuntary case to a voluntary case, under any such law, or shall consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of its propertyProperty; or the Company or any of its the General Partners, the Borrower or any of such Subsidiaries or any such Qualified Borrower shall make any assignment for the benefit of creditors; or (ii) The Company creditors or shall be unableunable or fail, or shall fail generally, or shall admit in writing its inability, to pay its debts as such debts become due; or the Board (or any committee thereof or similar governing body of any Subsidiary) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to in clause (i) above or this clause (ii); or.

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The Company or any of its Subsidiaries shall have an order for relief entered with respect to it or shall commence a voluntary case under the Bankruptcy Lawsany Debtor Relief Law, or shall consent to the entry of an order for relief in an involuntary case, or to the conversion of an involuntary case to a voluntary case, under any such law, or shall consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of its property; or the other (ii) Company or any of its Subsidiaries shall make any assignment for the benefit of creditors; or (ii) The Company shall be unable, or shall fail generally, or shall admit in writing its inability, to pay its debts as such debts become due; or the Board of Directors of Company or any of its Subsidiaries (or any committee thereof or similar governing body of any Subsidiarythereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in clause (i) above or this clause (iiSection 8.1(f); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The Company or any of its Subsidiaries Borrower shall have an order for relief entered with respect to it or shall commence a voluntary case or proceeding under the Bankruptcy any Debtor Relief Laws, or shall consent to the entry of an order for relief in an involuntary casecase or proceeding, or to the conversion of an involuntary case to a voluntary casecase or proceeding, under any such law, or shall seek or consent to or acquiesce in the appointment of or taking possession by a receiver, trustee trustee, conservator, liquidator or other custodian for all or a substantial part of its property; or the Company or any of its Subsidiaries Borrower shall make any assignment for the benefit of creditors or take any other similar action for the protection or benefit of creditors; or or (ii) The Company Borrower shall be unable, or shall fail generally, or shall admit in writing its inability, to pay its debts as such debts become due; or the Board (or any committee thereof or similar governing body of any Subsidiary) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to in clause (i) above or this clause (ii); orbecome

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The Company or any of its Subsidiaries shall have an order for relief entered with respect to it or commence a voluntary case under the Bankruptcy LawsCode or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, or shall consent to the entry of an order for relief in an involuntary case, or to the conversion of an involuntary case to a voluntary case, under any such law, or shall consent to the appointment of or taking possession by a receiver, trustee or trustee, other custodian or similar officer for all or a substantial part of its property; or the Company or any of its Subsidiaries shall make any assignment for the benefit of creditors; or or (ii) The the Company shall be unable, or shall fail generally, or shall admit in writing its inability, to pay its debts as such debts become due; or the Board board of directors (or similar governing body) of the Company (or any committee thereof or similar governing body of any Subsidiarythereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in clause (i) above or this clause (iiSection 7.1(f); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The Holdings or Company or any of its their Material Subsidiaries shall have an order for relief entered with respect to it or commence a voluntary case under the Bankruptcy LawsCode or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, or shall consent to the entry of an order for relief in an involuntary case, or to the conversion of an involuntary case to a voluntary case, under any such law, or shall consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of its property; or the Holdings or Company or any of its their Material Subsidiaries shall make any assignment for the benefit of creditors; or or (ii) The Holdings or Company shall be unable, or shall fail generally, or any of their Material Subsidiaries shall admit in writing its inability, inability to pay its debts as such debts become due; or the Board (or any committee thereof or similar governing body of any Subsidiary) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to in clause (i) above or this clause (ii); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The Company Company, --------------------------------------------------- the Borrower or any of its Subsidiaries their Subsidiaries, shall have an order for relief entered with respect to it or commence a voluntary case under the Bankruptcy Lawsany applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or shall consent to the entry of an order for relief in an involuntary case, or to the conversion of an involuntary case to a voluntary case, under any such law, or shall consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of its propertyProperty; or the Company Company, the Borrower or any of its such Subsidiaries shall make any assignment for the benefit of creditors; or (ii) The Company creditors or shall be unableunable or fail, or shall fail generally, or shall admit in writing its inability, to pay its debts as such debts become due; or the Board (or any committee thereof or similar governing body of any Subsidiary) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to in clause (i) above or this clause (ii); or.

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The Company Borrower or any of its Material Subsidiaries shall have an order for relief entered with respect to it or shall commence a voluntary case under the Bankruptcy Lawsany Debtor Relief Laws now or hereafter in effect, or shall consent to the entry of an order for relief in an involuntary case, or to the conversion of an involuntary case to a voluntary case, under any such law, or shall consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of its property; or the Company (ii) Borrower or any of its Material Subsidiaries shall make any assignment for the benefit of creditors; or or (iiiii) The Company Borrower or any of its Material Subsidiaries shall be unable, or shall fail generally, or shall admit in writing its inability, to pay its debts as such debts become due; or the Board (or any committee thereof or similar governing body of any Subsidiary) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to in clause (i) above or this clause (ii); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The Company Molycorp or any of its Material Subsidiaries shall have an order for relief entered with respect to it or shall commence a voluntary case under the Bankruptcy Lawsany Debtor Relief Laws now or hereafter in effect, or shall consent to the entry of an order for relief in an involuntary case, or to the conversion of an involuntary case to a voluntary case, under any such law, or shall consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of its property; or the Company (ii) Molycorp or any of its Material Subsidiaries shall make any assignment for the benefit of creditors; or or (iiiii) The Company Molycorp or any of its Material Subsidiaries shall be unable, or shall fail generally, or shall admit in writing its inability, to pay its debts as such debts become due; or the Board (or any committee thereof or similar governing body of any Subsidiary) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to in clause (i) above or this clause (ii);; or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (ia) The Company or any of its Subsidiaries Any Obligor shall have an order for relief entered with respect to it or shall commence a voluntary case under the Bankruptcy LawsCode or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, or shall consent to the entry of an order for relief in an involuntary case, or to the conversion of an involuntary case to a voluntary case, under any such law, or shall consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of its property; or the Company or any of its Subsidiaries Obligor shall make any assignment for the benefit of creditors; or or (iib) The Company any Obligor shall be unable, or shall fail generally, or shall admit in writing its inability, to pay its debts as such debts become due; or the Board board of directors (or any committee thereof or similar governing body of any Subsidiary) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to in clause (i) above or this clause (ii); orsimilar

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The Company Borrower or any of its Subsidiaries shall have an order for relief entered with respect to it or commence a voluntary case under the Bankruptcy Lawsany applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or shall consent to the entry of an order for relief in an involuntary case, or to the conversion of an involuntary case to a voluntary case, under any such law, or shall consent to the appointment of or taking of possession by a receiver, trustee or other custodian for all or a substantial part of its property; or the Company Borrower or any of its Subsidiaries shall make any assignment for the benefit of creditors; or (ii) The Company creditors or shall be unableunable or generally fail, or shall fail generally, or shall admit in writing its inability, to pay its debts as such debts become due; or the Board board of directors (or any committee thereof thereof) or similar governing body of any Subsidiary) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to in clause (i) above or this clause (ii); ormanaging members of

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The Company Holding, Company, any Aggregatable Restricted Subsidiaries or any of its Subsidiaries Material Restricted Subsidiary shall have an order for relief entered with respect to it or shall commence a voluntary case under the Bankruptcy Lawsany Debtor Relief Laws now or hereafter in effect, or shall consent to the entry of an order for relief in an involuntary case, or to the conversion of an involuntary case to a voluntary case, under any such law, or shall consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of its property; or the Company Holding, Company, any Aggregatable Restricted Subsidiaries or any of its Subsidiaries Material Restricted Subsidiary shall make any assignment for the benefit of creditors; or (ii) The Company shall be unable, or shall fail generally, or shall admit in writing its inability, to pay its debts as such debts become due; or the Board (or any committee thereof or similar governing body of any Subsidiary) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to in clause (i) above or this clause (ii); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The Company or any of its Subsidiaries shall have an order for relief entered with respect to it or shall commence a voluntary case under the Bankruptcy LawsCode or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, or shall consent to the entry of an order for relief in an involuntary case, or to the conversion of an involuntary case to a voluntary case, under any such law, or shall consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of its property; or the Company or any of its Subsidiaries shall make any assignment for the benefit of creditors; or or (ii) The Company or any of its Subsidiaries shall be unable, or shall fail generally, or shall admit in writing its inability, to pay its debts as such debts become due; or the Board (or any committee thereof or similar governing body of any Subsidiary) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to in clause (i) above or this clause (ii); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The Company or any of its Subsidiaries Borrower shall have an order for relief entered with respect to it or commence a voluntary case under the Bankruptcy LawsCode or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, or shall consent to the entry of an order for relief in an involuntary case, or to the conversion of an involuntary case to a voluntary case, under any such law, or shall consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of its property; or the Company or any of its Subsidiaries shall make any assignment for the benefit of creditors; orposses- (ii) The Company Borrower shall be unable, or shall fail generally, or shall admit in writing its inability, to pay its debts as such debts become due; or the Board of Directors of Borrower (or any committee thereof or similar governing body of any Subsidiarythereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to in clause (i) above or this clause (ii); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The Company Any of the General Partners, the Borrower, or any of its Subsidiaries to which $200,000,000 or more of the Combined Equity Value is attributable, or any Qualified Borrower, shall have an order for relief entered with respect to it or commence a voluntary case under the Bankruptcy Lawsany applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or shall consent to the entry of an order for relief in an involuntary case, or to the conversion of an involuntary case to a voluntary case, under any such law, or shall consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of its propertyProperty; or the Company or any of its the General Partners, the Borrower or any of such Subsidiaries or any such Qualified Borrower shall make any assignment for the benefit of creditors; or (ii) The Company creditors or shall be unableunable or fail, or shall fail generally, or shall admit in writing its inability, to pay its debts as such debts become due; or the Board (or any committee thereof or similar governing body of any Subsidiary) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to in clause (i) above or this clause (ii); or.

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The Company or any of its Subsidiaries other Borrower or any Significant Subsidiary shall seek to have an order for relief entered with respect to it or shall commence a voluntary case under the Bankruptcy LawsCode or under any other applicable bankruptcy, insolvency, reorganization, liquidation or similar law now or hereafter in effect, or shall consent to the entry of an order for relief in an involuntary case, or to the conversion of an involuntary case to a voluntary case, under any such law, or shall consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of its property; or the Company or any of its Subsidiaries other Borrower or any Significant Subsidiary shall make any assignment for the benefit of creditors; or or (ii) The Company or any other Borrower or any Significant Subsidiary shall be unable, or shall fail generally, or shall admit in writing its inability, to pay its debts as such debts become due; or the Board (or any committee thereof or similar governing body of any Subsidiary) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to in clause (i) above or this clause (ii); or