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 (other than any Immaterial Subsidiary) shall have an order for relief entered with respect to it or shall commence a voluntary case under any 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, interim receiver, liquidator, receiver and manager, administrator, administrative receiver, insolvency practitioner, trustee or other custodian for all or a substantial part of its property; or the Company or any such Subsidiaries (other than any Immaterial Subsidiary) shall make any assignment for the benefit of creditors; or (ii) the Company or any of its Subsidiaries (other than any Immaterial Subsidiary) shall be unable, or shall fail generally, or shall admit in writing its general inability, to pay its debts as such debts become due; or the Board of Directors (or similar governing body) of the Company or any such Subsidiaries (other than any Immaterial Subsidiary) (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.01(f); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The CEA or Company or any of its Subsidiaries (other than any Immaterial the Magellan Subsidiary) shall have an order for relief entered with respect to it or shall commence a voluntary case under the Bankruptcy Code or under any Debtor Relief Laws 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, interim receiver, liquidator, receiver and manager, administrator, administrative receiver, insolvency practitioner, trustee or other custodian for all or a substantial part of its property; or the CEA or Company or any such of its Subsidiaries (other than any Immaterial the Magellan Subsidiary) shall make any assignment for the benefit of creditors; or or (ii) the CEA or Company or any of its Subsidiaries (other than any Immaterial the Magellan Subsidiary) shall be unable, or shall fail generally, or shall admit in writing its general inability, to pay its debts as such debts become due; or the Board Governing Body of Directors (or similar governing body) of the Company or any such of its Subsidiaries (other than any Immaterial the Magellan Subsidiary) (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein in clause (i) above or in Section 8.01(fthis clause (ii); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The Company Holdings or Significant Subsidiary of Holdings or any group of its Subsidiaries (other than any Immaterial Subsidiary) constituting a Significant Subsidiary of Holdings shall have an order for relief entered with respect to it or shall commence a voluntary case under the Bankruptcy Code or under any Debtor Relief Laws 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, interim receiver, liquidator, receiver and manager, administrator, administrative receiver, insolvency practitioner, trustee or other custodian for all or a substantial part of its property; or the Company Holdings or Significant Subsidiary of Holdings or any such group of Subsidiaries (other than any Immaterial Subsidiary) constituting a Significant Subsidiary of Holdings shall make any assignment for the benefit of creditors; or (ii) the Company Holdings or Significant Subsidiary of Holdings or any group of its Subsidiaries (other than any Immaterial Subsidiary) constituting a Significant Subsidiary of Holdings shall be unable, or shall fail generally, or shall admit in writing its general inability, to pay its debts as such debts become due; or the Board board of Directors directors (or similar governing body) of the Company Holdings or Significant Subsidiary of Holdings or any such group of Subsidiaries (other than any Immaterial Subsidiary) constituting a Significant Subsidiary of Holdings (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.01(f8.1(f); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The Company Holdings or any of its Subsidiaries (other than any Immaterial SubsidiarySubsidiaries) shall have an order for relief entered with respect to it or shall commence a voluntary case under the Bankruptcy Code or under any Debtor Relief Laws 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, interim receiver, liquidator, receiver and manager, administrator, administrative receiver, insolvency practitioner, trustee or other custodian for all or a substantial part of its property; or the Company Holdings or any such of its Subsidiaries (other than any Immaterial SubsidiarySubsidiaries) shall make any assignment for the benefit of creditors; or (ii) the Company Holdings or any of its Subsidiaries (other than any Immaterial SubsidiarySubsidiaries) shall be unable, or shall fail generally, or shall admit in writing its general inability, to pay its debts as such debts become due; or the Board board of Directors directors (or similar governing body) of the Company Holdings or any such of its Subsidiaries (other than any Immaterial SubsidiarySubsidiaries) (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.01(f8.1(f); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The Company or any of its Subsidiaries (other than any Immaterial an Insignificant Subsidiary) shall have an order for relief entered with respect to it or shall commence a voluntary case under the Bankruptcy Code or under any Debtor Relief Laws 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, interim receiver, liquidator, receiver and manager, administrator, administrative receiver, insolvency practitioner, trustee or other custodian for all or a substantial part of its property; or the Company or any such of its Subsidiaries (other than any Immaterial an Insignificant Subsidiary) shall make any assignment for the benefit of creditors; or (ii) the Company or any of its Subsidiaries (other than any Immaterial an Insignificant Subsidiary) shall be unable, or shall fail generally, or shall admit in writing its general inability, to pay its debts as such debts become due; or the Board board of Directors directors (or similar governing body) of the Company or any such of its Subsidiaries (other than any Immaterial an Insignificant Subsidiary) (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.01(f8.1(f); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The Company Holdings, the Borrower or any of its their Subsidiaries (other than any Immaterial Subsidiary or any Subsidiary that could at such time, upon designation by Holdings, become an Immaterial Subsidiary) shall have an order for relief entered with respect to it or shall commence a voluntary case under the Bankruptcy Code or under any Debtor Relief Laws other applicable bankruptcy, insolvency, corporate 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, interim receiver, liquidator, receiver and manager, administratormonitor, administrative receivertrustee, insolvency practitionerliquidator, trustee custodian or other custodian similar official in respect of it or for all or a substantial part of its property; or (ii) Holdings, the Company Borrower or any such of their Subsidiaries (other than any Immaterial Subsidiary or any Subsidiary that could at such time, upon designation by Holdings, become an Immaterial Subsidiary) shall make any a general assignment for the benefit of creditors; or (iiiii) Holdings, the Company Borrower or any of its their Subsidiaries (other than any Immaterial Subsidiary) shall be unableSubsidiary or any Subsidiary that could at such time, or shall fail generallyupon designation by Holdings, or shall become an Immaterial Subsidiary)shall admit in writing its general inability, inability to pay its debts as such debts become due; or the Board of Directors (or similar governing body) of the Company or any such Subsidiaries (other than any Immaterial Subsidiary) (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.01(f); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The Company Any Credit Party or any of its Restricted Subsidiaries (other than any an Immaterial Subsidiary) shall have an order for relief entered with respect to it or shall commence a voluntary case under the Bankruptcy Code or under any Debtor Relief Laws 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, interim receiver, liquidator, receiver and manager, administrator, administrative receiver, insolvency practitioner, trustee or other custodian for all or a substantial part of its property; or the Company any Credit Party or any such of its Restricted Subsidiaries (other than any an Immaterial Subsidiary) shall make any assignment for the benefit of creditors; or (ii) the Company any Credit Party or any of its Restricted Subsidiaries (other than any an Immaterial Subsidiary) shall be unable, or shall fail generally, or shall admit in writing its general inability, to pay its debts as such debts become due; or the Board board of Directors directors (or similar governing body) of the Company any Credit Party or any such of its Restricted Subsidiaries (other than any an Immaterial Subsidiary) (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.01(f); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The Company Holdings or any of its Subsidiaries (other than any Immaterial an Excluded Foreign Subsidiary) shall have an order for relief entered with respect to it or shall commence a voluntary case under the Bankruptcy Code or under any Debtor Relief Laws 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, interim receiver, liquidator, receiver and manager, administrator, administrative receiver, insolvency practitioner, trustee or other custodian for all or a substantial part of its property; or the Company Holdings or any such of its Subsidiaries (other than any Immaterial SubsidiaryExcluded Foreign Subsidiaries) shall make any assignment for the benefit of creditors; or (ii) the Company Holdings or any of its Subsidiaries (other than any Immaterial an Excluded Foreign Subsidiary) shall be unable, or shall fail generally, or shall admit in writing its general inability, to pay its debts as such debts become due; or the Board board of Directors directors (or similar governing bodybody or any committee thereof) of the Company Holdings or any such of its Subsidiaries (other than any Immaterial an Excluded Foreign Subsidiary) (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.01(f8.1(f); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The Company A Borrower or any of its Restricted Subsidiaries (other than any Immaterial Subsidiary) or either Phase II Mall Borrower shall have an order for relief entered with respect to it or shall commence a voluntary case under the Bankruptcy Code or under any Debtor Relief Laws 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, interim receiver, liquidator, receiver and manager, administrator, administrative receiver, insolvency practitioner, trustee or other custodian for all or a substantial part of its property; or the Company a Borrower or any such of its Restricted Subsidiaries (other than any Immaterial Subsidiary) or either Phase II Mall Borrower shall make any assignment for the benefit of creditors; or (ii) the Company a Borrower or any of its Restricted Subsidiaries (other than any Immaterial Subsidiary) or either Phase II Mall Borrower shall be unable, or shall fail generally, or shall admit in writing its general inability, to pay its debts as such debts become duedue and in each case a period of 30 days shall have elapsed; or the Board of Directors (or similar governing body) of the Company a Borrower or any such of its Restricted Subsidiaries (other than any Immaterial Subsidiary) or either Phase II Mall Borrower (or any committee thereof) or of its managing member shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein in clause (i) above or in Section 8.01(fthis clause (ii); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The Company Holdings or any of its Subsidiaries (other than any Immaterial SubsidiaryExcluded Subsidiaries) shall have an order for relief entered with respect to it or shall commence a voluntary case under the Bankruptcy Code or under any Debtor Relief Laws 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, interim receiver, liquidator, receiver and manager, administrator, administrative receiver, insolvency practitioner, trustee or other custodian for all or a substantial part of its property; or the Company Holdings or any such of its Subsidiaries (other than any Immaterial SubsidiaryExcluded Subsidiaries) shall make any assignment for the benefit of creditors; or (ii) the Company Holdings or any of its Subsidiaries (other than any Immaterial SubsidiaryExcluded Subsidiaries) shall be unable, or shall fail generally, or shall admit in writing its general inability, to pay its debts as such debts become due; or the Board of Directors (or similar governing body) of the Company Holdings or any such of its Subsidiaries (other than any Immaterial Subsidiary) (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein in clause (i) above or in Section 8.01(fthis clause (ii); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The Company Any Credit Party or any of its Subsidiaries Restricted Subsidiary (other than any Immaterial a Restricted Holding Company Subsidiary) shall have an order for relief entered with respect to it it, or shall give notice of intention to file a proposal, or file a proposal, or shall commence a voluntary case, in each case under any 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 lawGovernmental Rule, or shall consent to the appointment of or taking possession by a receiver, interim receiver, liquidator, receiver and -manager, administrator, administrative receiver, insolvency practitioner, trustee or other custodian for all or a substantial part of its property; or the Company any Credit Party or any such Subsidiaries (other than any Immaterial Subsidiary) Restricted Subsidiary shall make any assignment for the benefit of creditors; or (ii) the Company any Credit Party or any of its Subsidiaries (other than any Immaterial Subsidiary) such Restricted Subsidiary shall be unable, or shall fail generally, or shall admit in writing its general (or their) inability, to pay its debts as such debts become due; or the Board board of Directors directors (or similar governing body) of the Company or any such Subsidiaries (other than any Immaterial Subsidiary) body (or any committee thereof)) of any Credit Party or any such Restricted Subsidiary shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.01(f8.1(f) (provided, that in either (i) or (ii) above, no Default or Event of Default shall occur hereunder, in the case of any Restricted Subsidiary (other than a Restricted Holding Company Subsidiary) unless such event could reasonably be expected to have a Material Adverse Effect); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The Company Any Credit Party or any of its Restricted Subsidiaries (other than any an Immaterial Subsidiary) shall have an order for relief entered with respect to it or shall commence a voluntary case under the Bankruptcy Code or under any Debtor Relief Laws 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, interim receiver, liquidator, receiver and manager, administrator, administrative receiver, insolvency practitioner, trustee or other custodian for all or a substantial part of its property; or the Company any Credit Party or any such of its Restricted Subsidiaries (other than any an Immaterial Subsidiary) shall make any assignment for the benefit of creditors; or (ii) the Company any Credit Party or any of its Restricted Subsidiaries (other than any an Immaterial Subsidiary) shall be unable, unable or shall fail generally, or shall admit in writing its general inability, to pay its debts as such debts become due; or the Board board of Directors directors (or similar governing body) of the Company any Credit Party or any such of its Restricted Subsidiaries (other than any an Immaterial Subsidiary) (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.01(f); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The Company Holdings or any of its Subsidiaries (other than any Immaterial SubsidiarySubsidiaries) shall have an order for relief entered with respect to it or shall commence a voluntary case under the Bankruptcy Code or under any Debtor Relief Laws 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, interim receiver, liquidator, receiver and manager, administrator, administrative receiver, insolvency practitioner, trustee or other custodian for all or a substantial part of its property; or the Company Holdings or any such of its Subsidiaries (other than any Immaterial SubsidiarySubsidiaries) shall make any assignment for the benefit of creditors; or (ii) the Company Holdings or any of its Subsidiaries (other than any Immaterial SubsidiarySubsidiaries) shall be unable, or shall fail generally, or shall admit in writing its general inability, to pay its debts as such debts become due; or the Board board of Directors directors (or similar governing body) of the Company Holdings or any such of its Subsidiaries (other than any Immaterial SubsidiarySubsidiaries) (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.01(f8.1(f); or"

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The MBW LLC, Holdings or Company or any of its Subsidiaries (other than any Immaterial SubsidiarySubsidiaries) shall have an order for relief entered with respect to it or shall commence a voluntary case under the Bankruptcy Code or under any Debtor Relief Laws 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, interim receiver, liquidator, receiver and manager, administrator, administrative receiver, insolvency practitioner, trustee or other custodian for all or a substantial part of its property; or the MBW LLC, Holdings or Company or any such of its Subsidiaries (other than any Immaterial SubsidiarySubsidiaries) shall make any assignment for the benefit of creditors; or (ii) the MBW LLC, Holdings or Company or any of its Subsidiaries (other than any Immaterial SubsidiarySubsidiaries) shall be unable, or shall fail generally, or shall admit in writing its general inability, to pay its debts as such debts become due; or the Board of Directors (of MBW LLC, Holdings or similar governing body) of the Company or any such of its Subsidiaries (other than any Immaterial SubsidiarySubsidiaries) (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein in clause (i) above or in Section 8.01(fthis clause (ii); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The Company or any of its Subsidiaries (other than any Immaterial Subsidiary) shall have an order for relief entered with respect to it or shall commence a voluntary case under the Bankruptcy Code or under any Debtor Relief Laws 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 Company or any of its Subsidiaries shall consent to the appointment of or taking possession by a receiver, interim receiver, liquidator, receiver and manager, administrator, administrative receiver, insolvency practitioner, trustee or other custodian for all or a substantial part of its propertytheir respective properties; or the Company or any such of its Subsidiaries (other than any Immaterial Subsidiary) shall make any assignment for the benefit of creditors; or (ii) the Company or any of its Subsidiaries (other than any Immaterial Subsidiary) shall be unable, or shall fail generally, or shall admit in writing its general inability, inability to pay its debts generally as such debts become due; or the Board of Directors (or similar governing body) of the Company or any such of its Subsidiaries (other than any Immaterial Subsidiary) (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein in clause (i) above or in Section 8.01(fthis clause (ii); PROVIDED that with respect to Subsidiaries of Company (other than Material Subsidiaries) the foregoing shall constitute an Event of Default only if such occurrence would have a Material Adverse Effect; or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The DHC or Company or any of its Subsidiaries (other than any Immaterial Subsidiarythe Bankrupt Subsidiaries) shall have an order for relief entered with respect to it or shall commence a voluntary case under the Bankruptcy Code or under any Debtor Relief Laws 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 115 voluntary case, under any such law, or shall consent to the appointment of or taking possession by a receiver, interim receiver, liquidator, receiver and manager, administrator, administrative receiver, insolvency practitioner, trustee or other custodian for all or a substantial part of its property; or the DHC or Company or any such of its Subsidiaries (other than any Immaterial Subsidiarythe Bankrupt Subsidiaries) shall make any assignment for the benefit of creditors; or or (ii) the DHC or Company or any of its Subsidiaries (other than any Immaterial Subsidiary) shall be unable, or shall fail generally, or shall admit in writing its general inability, to pay its debts as such debts become due; or the Board Governing Body of Directors (DHC or similar governing body) of the Company or any such of its Subsidiaries (other than any Immaterial Subsidiary) (the Bankrupt Subsidiaries), or any committee thereof) , shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein in clause (i) above or in Section 8.01(fthis clause (ii); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The DHC, Company or any of its Company's Subsidiaries (other than any Immaterial Subsidiarythe Bankrupt Subsidiaries) shall have an order for relief entered with respect to it or shall commence a voluntary case under the Bankruptcy Code or under any Debtor Relief Laws 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, interim receiver, liquidator, receiver and manager, administrator, administrative receiver, insolvency practitioner, trustee or other custodian for all or a substantial part of its property; or the DHC, Company or any such of Company's Subsidiaries (other than any Immaterial Subsidiarythe Bankrupt Subsidiaries) shall make any assignment for the benefit of creditors; or or (ii) the DHC, Company or any of its Company's Subsidiaries (other than any Immaterial Subsidiary) shall be unable, or shall fail generally, or shall admit in writing its general inability, to pay its debts as such debts become due; or the Board Governing Body of Directors (or similar governing body) of the DHC, Company or any such of Company's Subsidiaries (other than any Immaterial Subsidiary) (the Bankrupt Subsidiaries), or any committee thereof) , shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein in clause (i) above or in Section 8.01(fthis clause (ii); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The Company Borrower or any of its Subsidiaries (other than any Immaterial an Excluded Foreign Subsidiary) shall have an order for relief entered with respect to it or shall commence a voluntary case under the Bankruptcy Code or under any Debtor Relief Laws 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, interim receiver, liquidator, receiver and manager, administrator, administrative receiver, insolvency practitioner, trustee or other custodian for all or a substantial part of its property; or the Company Borrower or any such of its Subsidiaries (other than any Immaterial an Excluded Foreign Subsidiary) shall make any assignment for the benefit of creditors; or (ii) the Company Borrower or any of its Subsidiaries (other than any Immaterial an Excluded Foreign Subsidiary) shall be unable, or shall fail generally, or shall admit in writing its general inability, to pay its debts as such debts become due; or the Board board of Directors directors (or similar governing body) of the Company Borrower or any such of its Subsidiaries (other than any Immaterial Subsidiary) (or any committee thereof) (other than with respect to an Excluded Foreign Subsidiary) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.01(f8.1(f); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The Company Any Credit Party or any of its Restricted Subsidiaries (other than any Immaterial Subsidiary) shall have an order for relief entered with respect to it or shall commence a voluntary case under any the Bankruptcy Code or other Debtor Relief Laws now or hereafter in effect, or shall consent in writing 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 in writing to the appointment of or taking possession by a receiver, interim receiver, liquidator, receiver and manager, administrator, administrative receiver, insolvency practitioner, trustee or other custodian for all or a substantial part of its property; or the Company any Credit Party or any such of its Restricted Subsidiaries (other than any Immaterial Subsidiary) shall make any assignment for the benefit of creditors; or (ii) the Company any Credit Party or any of its Restricted Subsidiaries (other than any Immaterial Subsidiary) shall be unable, or shall fail generally, or shall admit in writing its general inability, to pay its debts as such debts become due; or the Board board of Directors directors (or similar governing body) of the Company any Credit Party or any such of its Restricted Subsidiaries (other than any Immaterial Subsidiary) (or any committee thereof) thereof shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.01(f9.1(f); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The Company Holdings or any of its Subsidiaries (other than any an Immaterial Subsidiary) shall have an order for relief entered with respect to it or shall commence a voluntary case under the Bankruptcy Code or under any Debtor Relief Laws 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, interim receiver, liquidator, receiver and manager, administrator, administrative receiver, insolvency practitioner, trustee or other custodian for all or a substantial part of its property; or the Company Holdings or any such of its Subsidiaries (other than any an Immaterial Subsidiary) shall make any assignment for the benefit of creditors; or (ii) the Company Holdings or any of its Subsidiaries (other than any an Immaterial Subsidiary) shall be unable, or shall fail generally, or shall admit in writing its general inability, to pay its debts as such debts become due; or the Board board of Directors directors (or similar governing body) of the Company Holdings or any such of its Subsidiaries (other than any an Immaterial Subsidiary) (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.01(f7.01(f); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The Company Company, any Borrower or any of its Company's Subsidiaries (other than any Immaterial SubsidiaryMinor Foreign Subsidiaries) shall have an order for relief entered with respect to it or shall commence a voluntary case under the Bankruptcy Code or under any Debtor Relief Laws 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, interim receiver, liquidator, receiver and manager, administrator, administrative receiver, insolvency practitioner, trustee or other custodian for all or a substantial part of its property; or the Company Company, any Borrower or any such of Company's Subsidiaries (other than any Immaterial SubsidiaryMinor Foreign Subsidiaries) shall make any a general assignment for the benefit of creditors; or or (ii) the Company Company, any Borrower or any of its Company's Subsidiaries (other than any Immaterial SubsidiaryMinor Foreign Subsidiaries) shall be unable, unable or shall fail generallyfail, or shall admit in writing its general inability, to generally pay its debts as such debts become due; or the Board of Directors (or similar governing body) of the Company Company, any Borrower or any such of Company's Subsidiaries (other than any Immaterial SubsidiaryMinor Foreign Subsidiaries) (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein in clause (i) above or in Section 8.01(fthis clause (ii); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The Company Holdings or any of its Subsidiaries (other than any Immaterial Insignificant Subsidiary) shall have an order for relief entered with respect to it or shall commence a voluntary case under the Bankruptcy Code or under any Debtor Relief Laws 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, interim receivertrustee, liquidator, receiver and manager, administrator, administrative receiver, insolvency practitioner, trustee custodian or other custodian similar officer for all or a substantial part of its property; or the Company Holdings or any such of its Subsidiaries (other than any Immaterial Insignificant Subsidiary) shall make any assignment for the benefit of creditors; or (ii) the Company Holdings or any of its Subsidiaries (other than any Immaterial Insignificant Subsidiary) shall be unable, or shall fail generally, or shall admit in writing its general inability, to pay its debts as such debts become due; or the Board board of Directors directors (or similar governing body) of the Company Holdings or any such of its Subsidiaries (other than any Immaterial Insignificant Subsidiary) (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.01(f8.1(f); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The Company Borrowers or any of its their Subsidiaries (other than any Immaterial SubsidiarySubsidiaries) shall have an order for relief entered with respect to it or shall commence a voluntary case under the Bankruptcy Code or under any Debtor Relief Laws 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, interim receiver, liquidator, receiver and manager, administrator, administrative receiver, insolvency practitioner, trustee or other custodian for all or a substantial part of its property; or the Company Borrowers or any such of their Subsidiaries (other than any Immaterial SubsidiarySubsidiaries) shall make any assignment for the benefit of creditorscreditors other than pursuant to the Approved Plan of Reorganization; or or (ii) the Company Borrowers or any of its their Subsidiaries (other than any Immaterial SubsidiarySubsidiaries) shall be unable, or shall fail generally, or shall admit in writing its general inability, to pay its debts as such debts become due; or the Board Governing Body of Directors (or similar governing body) of the Company Borrowers or any such of their Subsidiaries (other than any Immaterial SubsidiarySubsidiaries) (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein in clause (i) above or in Section 8.01(fthis clause (ii); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The Company Holdings or any of its Subsidiaries (other than any Immaterial SubsidiarySubsidiaries) shall have an order for relief entered with respect to it or shall commence a voluntary case under the Bankruptcy Code or under any Debtor Relief Laws 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 104 to a voluntary case, under any such law, or shall consent to the appointment of or taking possession by a receiver, interim receiver, liquidator, receiver and manager, administrator, administrative receiver, insolvency practitioner, trustee or other custodian for all or a substantial part of its property; or the Company Holdings or any such of its Subsidiaries (other than any Immaterial SubsidiarySubsidiaries) shall make any assignment for the benefit of creditors; or (ii) the Company Holdings or any of its Subsidiaries (other than any Immaterial SubsidiarySubsidiaries) shall be unable, or shall fail generally, or shall admit in writing its general inability, to pay its debts as such debts become due; or the Board board of Directors directors (or similar governing body) of the Company Holdings or any such of its Subsidiaries (other than any Immaterial SubsidiarySubsidiaries) (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.01(f8.1(f); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The Company A Borrower or any of its Restricted Subsidiaries (other than any Immaterial Subsidiary) or the Phase II Subsidiary shall have an order for relief entered with respect to it or shall commence a voluntary case under the Bankruptcy Code or under any Debtor Relief Laws 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, interim receiver, liquidator, receiver and manager, administrator, administrative receiver, insolvency practitioner, trustee or other custodian for all or a substantial part of its property; or the Company a Borrower or any such of its Restricted Subsidiaries (other than any Immaterial Subsidiary) or the Phase II Subsidiary shall make any assignment for the benefit of creditors; or (ii) the Company a Borrower or any of its Restricted Subsidiaries (other than any Immaterial Subsidiary) or the Phase II Subsidiary shall be unable, or shall fail generally, or shall admit in writing its general inability, to pay its debts as such debts become duedue and in each case a period of 30 days shall have elapsed; or the Board of Directors (or similar governing body) of the Company a Borrower or any such of its Restricted Subsidiaries (other than any Immaterial Subsidiary) or the Phase II Subsidiary (or any committee thereof) or of its managing member shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein in clause (i) above or in Section 8.01(fthis clause (ii); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The Company Holdings or any of its Subsidiaries (other than any Immaterial SubsidiarySubsidiaries) shall have an order for relief entered with respect to it or shall commence a voluntary case under the Bankruptcy Code or under any Debtor Relief Laws 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, interim receiver, liquidator, receiver and manager, administrator, administrative receiver, insolvency practitioner, trustee or other custodian for all or a substantial part of its property; or the Company 104 Holdings or any such of its Subsidiaries (other than any Immaterial SubsidiarySubsidiaries) shall make any assignment for the benefit of creditors; or (ii) the Company Holdings or any of its Subsidiaries (other than any Immaterial SubsidiarySubsidiaries) shall be unable, or shall fail generally, or shall admit in writing its general inability, to pay its debts as such debts become due; or the Board board of Directors directors (or similar governing body) of the Company Holdings or any such of its Subsidiaries (other than any Immaterial SubsidiarySubsidiaries) (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.01(f8.1(f); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The Company Any Borrower (other than Company) or any of its Material Subsidiaries (other than any Immaterial SubsidiaryXxxx Realty) shall have an order for relief entered with respect to it or shall commence a voluntary case under any Debtor Relief Laws now or hereafter in effectthe Bankruptcy Code, 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, interim receiver, liquidator, receiver and manager, administrator, administrative receiver, insolvency practitioner, trustee or other custodian for all or a substantial part of its property; or the Company any Borrower (other than Company) or any such of its Material Subsidiaries (other than any Immaterial SubsidiaryXxxx Realty) shall make any assignment for the benefit of creditors; or (ii) the Company any Borrower (other than Company) or any of its Material Subsidiaries (other than any Immaterial SubsidiaryXxxx Realty) shall be unable, or shall fail generally, or shall admit in writing its general inability, to pay its debts as such debts become due; or the Board of Directors of any Borrower (or similar governing bodyother than Company) of the Company or any such of its Material Subsidiaries (other than any Immaterial SubsidiaryXxxx Realty) (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein in clause (i) above or in Section 8.01(fthis clause (ii); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The Parent, Company or any of its Company's Subsidiaries (other than any Immaterial an Inactive Subsidiary) shall have an order for relief entered with respect to it or shall commence a voluntary case under the Bankruptcy Code or under any Debtor Relief Laws 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, interim receiver, liquidator, receiver and manager, administrator, administrative receiver, insolvency practitioner, trustee or other custodian for all or a substantial part of its property; or the Parent, Company or any such of Company's Subsidiaries (other than any Immaterial an Inactive Subsidiary) shall make any assignment for the benefit of creditors; or (ii) the Parent, Company or any of its Company's Subsidiaries (other than any Immaterial an Inactive Subsidiary) shall be unable, unable or shall fail generallyfail, or shall admit in writing its general inability, to pay its debts as such debts become due; or the Board of Directors (or similar governing body) of the Parent, Company or any such of Company's Subsidiaries (other than any Immaterial an Inactive Subsidiary) (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein in clause (i) above or in Section 8.01(fthis clause (ii); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The Company Holdings or any of its Subsidiaries (other than any an Immaterial Subsidiary) shall have an order for relief entered with respect to it or shall commence a voluntary case under the Bankruptcy Code or under any Debtor Relief Laws 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, interim receiver, liquidator, receiver and manager, administrator, administrative receiver, insolvency practitioner, trustee or other custodian for all or a substantial part of its property; or the Company Holdings or any such of its Subsidiaries (other than any an Immaterial Subsidiary) shall make any assignment for the benefit of creditors; or (ii) the Company Holdings or any of its Subsidiaries (other than any an Immaterial Subsidiary) shall be unable, or shall fail generally, or shall admit in writing its general inability, to pay its 119 debts as such debts become due; or the Board board of Directors directors (or similar governing body) of the Company Holdings or any such of its Subsidiaries (other than any an Immaterial Subsidiary) (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.01(f7.01(f); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The Company or any of its Subsidiaries (other than any Immaterial an Insignificant Subsidiary) shall have an order for relief entered with respect to it or shall commence a voluntary case under the Bankruptcy Code or under any Debtor Relief Laws 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, interim receiver, liquidator, receiver and manager, administrator, administrative receiver, insolvency practitioner, trustee or other custodian for all or a substantial part of its property; or the Company or any such of its Subsidiaries (other than any Immaterial an Insignificant Subsidiary) shall make any assignment for the benefit of creditors; or (ii) the Company or any of its Subsidiaries (other than any Immaterial an Insignificant Subsidiary) shall be unable, or shall fail generally, or shall admit in writing its general inability, to pay its debts as such debts become due; or the Board board of Directors directors (or similar governing body) of the Company or any such of its Subsidiaries (other than any Immaterial an Insignificant Subsidiary) (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.01(f8.1(f); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The Company Borrower or any of its Restricted Subsidiaries (other than any Immaterial SubsidiarySubsidiaries) shall have an order for relief entered with respect to it or shall commence a voluntary case under the Bankruptcy Code or under any Debtor Relief Laws 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, interim receiver, liquidator, receiver and manager, administrator, administrative receiver, insolvency practitioner, trustee or other custodian for all or a substantial part of its property; or the Company Borrower or any such of its Restricted Subsidiaries (other than any Immaterial SubsidiarySubsidiaries) shall make any general assignment for the benefit of creditors; or (ii) the Company Borrower or any of its Restricted Subsidiaries (other than any Immaterial SubsidiarySubsidiaries) shall be unable, or shall fail generally, or shall admit in writing its general inability, to pay its debts as such debts become due; or the Board board of Directors directors (or similar governing body) of the Company Borrower or any such of its Restricted Subsidiaries (other than any Immaterial SubsidiarySubsidiaries) (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.01(f9.01(f); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The Company the Borrower or any of its Subsidiaries (other than any Immaterial an Excluded Foreign Subsidiary) shall have an order for relief entered with respect to it or shall commence a voluntary case under the Bankruptcy Code or under any Debtor Relief Laws 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, interim receiver, liquidator, receiver and manager, administrator, administrative receiver, insolvency practitioner, trustee or other custodian for all or a substantial part of its property; or the Company Borrower or any such of its Subsidiaries (other than any Immaterial an Excluded Foreign Subsidiary) shall make any assignment for the benefit of creditors; or (ii) the Company Borrower or any of its Subsidiaries (other than any Immaterial an Excluded Foreign Subsidiary) shall be unable, or shall fail generally, or shall admit in writing its general inability, to pay its debts as such debts become due; or the Board board of Directors directors (or similar governing body) of the Company Borrower or any such of its Subsidiaries (other than any Immaterial Subsidiary) (or any committee thereof) (other than with respect to an Excluded Foreign Subsidiary) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.01(f8.1(f); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The Company Holdings or any of its Subsidiaries (other than any an Immaterial Subsidiary) shall have an order for relief entered with respect to it or shall commence a voluntary case under the Bankruptcy Code or under any Debtor Relief Laws 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, interim receiver, liquidator, receiver and manager, administrator, administrative receiver, insolvency practitioner, trustee or other custodian for all or a substantial part of its property; or the Company (ii) Holdings or any such of its Subsidiaries (other than any an Immaterial Subsidiary) shall make any assignment for the benefit of creditors; or (iiiii) the Company Holdings or any of its Subsidiaries (other than any an Immaterial Subsidiary) shall be unable, or shall fail generally, or shall admit in writing its general inability, to pay its debts as such debts become due; or the Board board of Directors directors (or similar governing body) of the Company Holdings or any such of its Subsidiaries (other than any an Immaterial Subsidiary) (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.01(f7.01(f); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The Company Any Credit Party or any of its Restricted Subsidiaries (other than any an Immaterial Subsidiary) shall have an order for relief entered with respect to it or shall commence a voluntary case under the Bankruptcy Code or under any Debtor Relief Laws 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, interim receiver, liquidator, receiver and manager, administrator, administrative receiver, insolvency practitioner, trustee or other custodian for all or a substantial part of its property; or the Company any Credit Party or any such of its Restricted Subsidiaries (other than any an Immaterial Subsidiary) shall make any assignment for the benefit of creditors; or (ii) the Company any Credit Party or any of its Restricted Subsidiaries (other than any an Immaterial Subsidiary) shall be unable, unable or shall fail generally, or shall admit in writing its general inability, to pay its debts as such debts become due; or the Board board of Directors directors (or similar governing body) of the Company any Credit Party or any such of its Restricted Subsidiaries (other than any an Immaterial Subsidiary) (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.01(f); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The Company ChipPAC or any of its Subsidiaries (other than any Immaterial SubsidiarySubsidiaries) shall have an order for relief entered with respect to it or shall commence a voluntary case under any Debtor Relief Laws Bankruptcy 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, interim receiver, liquidator, receiver and manager, administrator, administrative receiver, insolvency practitioner, trustee or other custodian for all or a substantial part of its property; or the Company ChipPAC or any such of its Subsidiaries (other than any Immaterial SubsidiarySubsidiaries) shall make any assignment for the benefit of creditors; or (ii) the Company ChipPAC or any of its Subsidiaries (other than any Immaterial SubsidiarySubsidiaries) shall be unable, or shall fail generally, or shall admit in writing its general inability, to pay its debts as such debts become due; or the Board of Directors (or similar governing body) of the Company ChipPAC or any such of its Subsidiaries (other than any Immaterial SubsidiarySubsidiaries) (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein in clause (i) above or in Section 8.01(fthis clause (ii); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The Company or any Significant Subsidiary, or group of its Subsidiaries (other than any Immaterial that collectively would constitute a Significant Subsidiary) , shall have an order for relief entered with respect to it or shall commence a voluntary case under the Bankruptcy Code or under any Debtor Relief Laws 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, interim receiver, liquidator, receiver and manager, administrator, administrative receiver, insolvency practitioner, trustee or other custodian for all or a substantial part of its property; or the Company or any such Significant Subsidiary, or group of Subsidiaries (other than any Immaterial that collectively would constitute a Significant Subsidiary) , shall make any assignment for the benefit of creditors; or or (ii) the The Company or any Significant Subsidiary, or group of its Subsidiaries (other than any Immaterial that collectively would constitute a Significant Subsidiary) , shall be unable, or shall fail generally, or shall admit in writing its general inability, to pay its debts as such debts become due; or the Board of Directors (or similar governing body) Governing Body of the Company or any such Significant Subsidiary, or group of Subsidiaries (other than any Immaterial that collectively would constitute a Significant Subsidiary) , (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein in clause (i) above or in Section 8.01(fthis clause (ii); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The Company Parent or any of its Subsidiaries (other than any Immaterial SubsidiaryNonrecourse Subsidiaries) shall have an order for relief entered with respect to it or shall commence a voluntary case under the Bankruptcy Code or under any other applicable Debtor Relief Laws Law or similar law now or hereafter in effect, or shall consent to to, or shall not timely oppose, 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 to, or shall not timely oppose, the appointment of or taking possession by a receiver, interim receiver, liquidator, receiver and manager, administrator, administrative receiver, insolvency practitioner, trustee or other custodian for all or a substantial part of its property; or the Company Parent or any such of its Subsidiaries (other than any Immaterial SubsidiaryNonrecourse Subsidiaries) shall make any assignment for the benefit of creditors; or (ii) the Company Parent or any of its Subsidiaries (other than any Immaterial SubsidiaryNonrecourse Subsidiaries) shall be unable, or shall fail generally, or shall admit in writing its general inability, inability to pay its debts as such debts become due; or the Board board of Directors directors (or similar governing body) of the Company Parent or any such of its Subsidiaries (other than any Immaterial SubsidiaryNonrecourse Subsidiaries) (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.01(f8.1(f); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The Company Borrowers or any of its their Subsidiaries (other than any Immaterial SubsidiarySubsidiaries) shall have an order for relief entered with respect to it or shall commence a voluntary case under the Bankruptcy Code or under any Debtor Relief Laws 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, interim receiver, liquidator, receiver and manager, administrator, administrative receiver, insolvency practitioner, trustee or other custodian for all or a substantial part of its property; or the Company Borrowers or any such of their 104 CREDIT AGREEMENT Subsidiaries (other than any Immaterial SubsidiarySubsidiaries) shall make any assignment for the benefit of creditors; or (ii) the Company Borrowers or any of its their Subsidiaries (other than any Immaterial SubsidiarySubsidiaries) shall be unable, or shall fail generally, or shall admit in writing its general inability, to pay its debts as such debts become due; or the Board of Directors (or similar governing body) of the Company Borrowers or any such of their Subsidiaries (other than any Immaterial SubsidiarySubsidiaries) (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein in clause (i) above or in Section 8.01(fthis clause (ii); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The Company ChipPAC or any of its Subsidiaries (other than any Immaterial SubsidiarySubsidiaries) shall have an order for relief entered with respect to it or shall commence a voluntary case under any Debtor Relief Laws Bankruptcy Law now or hereafter in effect, or shall consent to the entry of an order for 146 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, interim receiver, liquidator, receiver and manager, administrator, administrative receiver, insolvency practitioner, trustee or other custodian for all or a substantial part of its property; or the Company ChipPAC or any such of its Subsidiaries (other than any Immaterial SubsidiarySubsidiaries) shall make any assignment for the benefit of creditors; or (ii) the Company ChipPAC or any of its Subsidiaries (other than any Immaterial SubsidiarySubsidiaries) shall be unable, or shall fail generally, or shall admit in writing its general inability, to pay its debts as such debts become due; or the Board of Directors (or similar governing body) of the Company ChipPAC or any such of its Subsidiaries (other than any Immaterial SubsidiarySubsidiaries) (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein in clause (i) above or in Section 8.01(fthis clause (ii); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The Except in connection with the Company Bankruptcy Proceeding, Borrower or any of its Subsidiaries (other than any Immaterial SubsidiarySubsidiaries) shall have an order for relief entered with respect to it or shall commence a voluntary case under the Bankruptcy Code or under any Debtor Relief Laws now or hereafter in effectother Insolvency Laws, or shall consent to or petition for 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, interim receiver, liquidator, receiver and manager, administrator, administrative receiver, insolvency practitioner, trustee or other custodian for all or a substantial part of its property; or the Company Borrower or any such of its Subsidiaries (other than any Immaterial SubsidiarySubsidiaries) shall make any assignment for the benefit of creditors; or or (ii) the Company Borrower or any of its Subsidiaries (other than any Immaterial SubsidiarySubsidiaries) shall be unable, or shall fail generally, or shall admit in writing its general inability, to pay its debts as such debts become due; or the Board Governing Body of Directors (or similar governing body) of the Company Borrower or any such of its Subsidiaries (other than any Immaterial SubsidiarySubsidiaries) (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein in clause (i) above or in Section 8.01(fthis clause (ii); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The Company Any Credit Party or any of its Restricted Subsidiaries (other than any an Immaterial Subsidiary) shall have an order for relief entered with respect to it or shall commence a voluntary case under the Bankruptcy Code or DOC ID - 36220401.1 under any Debtor Relief Laws 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, interim receiver, liquidator, receiver and manager, administrator, administrative receiver, insolvency practitioner, trustee or other custodian for all or a substantial part of its property; or the Company any Credit Party or any such of its Restricted Subsidiaries (other than any an Immaterial Subsidiary) shall make any assignment for the benefit of creditors; or (ii) the Company any Credit Party or any of its Restricted Subsidiaries (other than any an Immaterial Subsidiary) shall be unable, unable or shall fail generally, or shall admit in writing its general inability, to pay its debts as such debts become due; or the Board board of Directors directors (or similar governing body) of the Company any Credit Party or any such of its Restricted Subsidiaries (other than any an Immaterial Subsidiary) (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.01(f); or